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Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
.... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......435 read with section 561A of the Code of Criminal Procedure, the Petitioner obtained this Rule to challenge the order dated 11.6.80 passed by the Sub-Divisional Magistrate (S) Dhaka staying the proceeding of Kotwali P.S. Case No.6(2)79 under section 420/471/109 of the Penal Code till dis&..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
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. ......ammed Habibur Rahman J.- This Rule under section 561A Cr.P.C. was issued at the instance of accused petitioner Alhaj Mamtaz Meah calling upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G.R. Case No.14 of 1984 arising out of Banshkhali P.S. Case No.4 (4)/84, under sectio..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. ......rua and leave was granted and the appeal was numbered in the Appellate Division as Criminal Appeal No.13 of 1981. In the meantime by the Proclamation of 24th March, 1982 it was provided that all proceedings arising out of and in connection with writ petitions under Article 102 of the suspended ..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. ...... Bangladesh and others, reported in 30 D.L.R. 423 it has been observed:- "Non-service of the grounds of detention as required under section 8 has been considered as fatal defect in the proceeding for detention itself, because, it deprives the detenu from making necessity represen..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......s that a Magistrate for reasons to be recorded in w ruing may extend the aforesaid period by 30 days more. Sub-section (4) provides that if a trial cannot be concluded in sub-section (3) further proceedings in respect of trial shall stand stopped and the accused persons released. In the in..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......vides that a Magistrate for reasons to be recorded in writing may extend the aforesaid period by 30 days more. Sub-section(4) provides that if a trial cannot be concluded in sub-section (3) further proceedings in respect of trial shall stand stopped and the accused persons released. In the insta..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......nce taken by him "shall be evidence in the suit and shall form part of the record." 9. Sub-section (3) provides for further enquiry if for any reason the court is dissatisfied with the proceeding of the Commissioner, Mr. Huq, argued that in the facts of this case the court should have..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
.... the opinion that a prima face case was made out then he could have referred the case for an order of the High Court Division. It is because the High Court Division exclusively exercises the power of quashing.- No investigation as to the truth or otherwise of the prosecution case permissible in......dent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of the opinion that a prima ..Category: Criminal Law, Procedural Law | Date: 30 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. ......Y ORIENT, these need not be answered at this stage without going into full evidence which may he led by the parties to substantiate their respective case in this regard. Moreover, for the reasons lam proceeding to give on a main question, it need not be answered. 6. Now the principal question i..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... 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. ......d and matters like these. 2. That on 26-12-83 the said U.N.O. summoned the said Munsif-Magistrate in his chamber in respect of a pending case in presence of one of the parties to a criminal proceeding and directed the Munsif-Magistrate to dispose of the case according to his instructions a..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. ......ollows:— “Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be statement or confe..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....nder section 438 Cr.P.C. for referring the matter to the High Court Division for setting aside the order dated 26.12.83 passed by the Chief Metropolitan Magistrate accepting the charge-sheet and also quashing the proceedings in G.R. Case No.529 of 1983. The learned Sessions Judge by his judgment dat......e State. Criminal Revision No. 5 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G. R. Case No.529 of 1983 pending in the Court of the Chief Metropolitan Magistrate, ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......ge of the aforesaid title suit. As a result, they did not appear in the suit. Also the Government which was made a party did not take any steps. However, on the prayer of the appellant Company the proceeding in the execution case was stayed till October 20, 1981. In Writ Petition No. 720 of 1981..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....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. ......ated by his evidence of test identification parade. The substantive evidence is his statement in Court which when requires corroboration, is generally given in the form of earlier identification proceeding………(11) Identification parade belongs to investigation stage. Id..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......fter hearing such of them as desire to be heard, or of its own motion without such notice, the (High Court Division) or the District Court may at any time. (a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to t..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ...... Under section 83(2) of the Companies Act there is a presumption attached to this document, until the contrary is 'proved’. The petitioner has not ‘proved' that the minutes of the proceeding of the extra-ordinary generals meeting of the company held on 31.12.78 are not correct. T..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... 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. ......the Specific Relief, Act being only a declaratory suit without any consequential relief. This was the initial illegally caused by the Courts in violation of statutory provision of law making the proceeding coram non-judice and thus revisable by this Court in its Revisional jurisdiction. 7...Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ......ime. In this view of the matter we do not find any substance in this contention of the learned Advocate for the petitioners. 8. In the result the Rule is discharged. The order of stay of further proceeding of G.R. Case No.1046 of 1933 pending before the Upazilla Magistrate Daulatpur, Khulna is ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
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. ...... three witnesses were examined on 1.7.74 and time was allowed for examination of further witnesses but on 4.11.74 the complainant filed a petition stating that he was not willing to continue the proceedings as the witnesses were not willing to depose in the case. As such the learned Magistrate ..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
....83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ......o preempt, that in the facts and circumstances of the case the petitioners are vitally interested in the result of the suit and that for the ends of justice in order to avoid multiplicity of judicial proceedings, the pre-emptor petitioners should be added as defendants in the suit with a view to giv..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
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