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Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....r was challenged again and ultimately it came before the High Court Division under a revisional application. 3. In the meantime the police lodged a suo motu First Information Report against some members of the Informant's party (in the Mitamain P.S. Case No. 1(1) of 1982) and another case, Mita......of the same police report, even if it is a final report, and such cognizance falls within clause (b) of sub­section (1) of section 190 Cr.P.C. This point has been clearly stated and clarified by the Pakistan Supreme Court in the case of Falak Sher Vs. State, (1967) 19 DLR 426 (SC). The Magistr......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254.  ..

Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ......rdance with that other rule and at a time when the said rule was actually in force.'' In the case of State Vs. Mohammed Jamil, 20 D.L.R (S.C.) 315 it was observed by the Supreme Court of Pakistan: "The general principle seems to be that alterations in procedure are retrospecti......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86.     ..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ......ferred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DLR (SC) 249; Gholam Jilani Vs. Govt. of West Pakistan, 19 DLR (SC) 403; Humayun Kabir Vs. The State, 28 DLR 259; Liver Siege Vs. Anderson, 1942 A......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....0/-. The Chairman, Hathazari Union Parishad constituted Village Court on 4.12.82 under section 5 of the Village Court Ordinance, 1976 with himself and four nominees (two from each of the parties), as members of Village Court. Mr. Md. Ismail and Mr. Md. Manu Meah were nominees of the complainant whil......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14.   ..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)

....t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ......r that this Court exer­cises admiralty jurisdiction by virtue of specific legislation of Imperial Parliament and the Indian Legislation Council; the High Court of Bengal or the High Court of East Pakistan or the High Court Division of the Supreme Court of Bangladesh has never exercised Admiralty......t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ..

Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7

Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)

....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. .......Opposite-Party Judgment December 2, 1984. Result: This Rule is discharged. Cases Referred to- 29 DLR (SC) at page 304; Dilumuddin Madbar and others Vs. Province of East Pakistan and others, 21 DLR at page 569. Lawyers Involved: Abdul Quaiyum with Moslem Ali H......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ..

Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

....ving complaints from various sources regarding the conduct of the Munsif-Magistrate Annexure 'B' to the first affidavit is a complaint dated 20.12. 83 lodged by one Md. Abdul Kuddus Sarker, a member of Thanahat Union Parishad, alleging that the Munsif-Magistrate was causing an embarrassing s...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ...... Hiralal Das and others Vs. Crown, (1951) 3 DLR (Dhaka) 383; Padam Prashad Vs. Emperor, AIR 1929 Cal.617 (SB); Emperor Vs. Lalji Rai, AIR 1926 (Patna)11; Anwar Hussain Talukdar Vs. Province of East Pakistan, 12 DLR (Dhaka) 615; Ismail Sarkar Vs. State, 33 DLR 320; Nazir Ahmed Vs. The State, AIR 19......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ..

Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4

Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)

....d on two grounds; namely (1) that the Chamber failed to hold the election within 120 days from the date of expiry of Martial Law Order No.43 of 1982, as per Martial Law Order No.58 of 1983 and (2) 10 members of the Executive Committee resigned owing to mismanagement of the affairs of the Chamber. ......October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Wazir Ali. Industries Ltd. and Habi...... with­out any order as to cost. The stay of opera­tion of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2

Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)

..... Plaintiff has her only son namely pro-defendant No. 2 who is due to inherit the land of Sree Kanta in absolute right upon death of plaintiff. The plaintiff's mother Khata Barmani having no male member in the house, brought the defendant No.1 as a permanent servant on yearly wages for looking a......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..

Category: Property Law | Date: 31 Jul, 1984 | Hits: 2

Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)

....e Investigating Officer and the last one was the Officer-in-Charge of the Alikadam P.S. 3. The case for the defence is that the accused persons including the accused appellant Kala Miah who is a member of the local Union Parishad is innocent. The accused persons were implicated falsely. It is a......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..

Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1

Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)

....used appellant beyond all reaso­nable doubt. 16. One more point that has been raised by the learned Advocate for defence is that the sentence imposed on the appellant who is the only earning member of the family is too severe. We find that this point was also raised before the trial Court, ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ..

Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6

Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)

.... separately possessing their share of lands. So there is no cause of partition. It was also pleaded that the plaintiff, since after her marriage having lived away with her husband she was no longer a member of her paternal family and she also did not possessed the dwelling house and as such she coul....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351         ....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351         ..

Category: Family Law | Date: 20 Jun, 1984 | Hits: 2

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

....cher a contro­versy arose in a meeting of the Managing Committee and out of that grudge defendant No.1 namely Sardar Ahmed Ali Mondal of the said Managing Committee of the School along with other members of the said Managing Committee made a design to remove the plaintiff and with that view defe......oceeding and a detail hearing given to a dismissed employee. 18. There is no substance in this conten­tion as this is not the position under the law. On a reference to section 30 of the East Pakistan Intermediate and Secondary Education Ordinance, 1951 it is seen that sub­section (1) of...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7.   ..

Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4

M/s. Haque Bro­thers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)

.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ing both principal and interest accrued up to date of filing the application. Respondent No. 1 succeeded, under the above-mentioned President's Order No. 128 of 1972, to the undertaking and assets of Pakistan Industrial Credit and Investment Corporation hereinafter referred to as "THE PICIC". Facts ...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..

Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105

Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)

....on Ext I (written by defendant 1(a) Chandra Sekhar) that the land surrounding the temple may be sold for the purpose of development and preservation of the temple, that the land should be told to the members of the Hindu Community by the Shebayets, that with the sale proceeds a house should be const......ee respectively. The Chatteswari Temple Development Committee was formed in 1972. The Shebayets propose to sell the property of the schedule for the improvement of the temple which was damaged by the Pakistan Army during the liberation war in 1971. The plaintiff offered to purchase the suit land on ......tively. The Chatteswari Temple Development Committee was formed in 1972. The Shebayets propose to sell the property of the schedule for the improvement of the temple which was damaged by the Pakistan Army during the liberation war in 1971. The plaintiff offered to purchase the suit land on condition..

Category: Property Law | Date: 1 Apr, 1984 | Hits: 2

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 292     ......y way of compensation at the rate of 10/- per annum from the date of institution of the suit till recovery. 2. The plaintiff alleged in the plaint that he was deputed to England by the then East Pakistan Government inter alia for training under the Colombo Plan for one year from 28.9.69 to 23.9......tter dated 26-9-72 repudiated the claim of the plaintiff alleging that many car etc were missed from the port area during the alleged abnormal condition from 24-3-71 to 6-12-71 and that the Pakistani Army and other miscreants took away many cars etc, to Karachi and other destination. The car was los..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)

....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......istrate and three persons were discharged. 8. In the case reported in 14 DLR page 96 in the case of Abul Hossain Sana Vs. Suwalal Agarwala and another wherein it was held by the Supreme Court of Pakistan: An express bar to fresh proceedings was not essential when the law provides for the exerci......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ..

Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3

Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)

.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree.  Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153     ......f Enemy Property.............Respondent Judgment March 4, 1984. Result: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kushtia Sugar Cane Mills, 29 DLR 32;Goutam Ranjan Sen and others Vs. Bangladesh and oth...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree.  Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153     ..

Category: Property Law | Date: 4 Mar, 1984 | Hits: 4