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Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....titioner that the petitioner have been granted lease of the fishery for the term of 1389 B.S. to 1394 B S. at the annual rent of Tk.1,20,000/- vide memo dated 20.08.1981 (Annexure-B). The said Memo also stipulated the terms and conditions under which the lease was granted. On receipt of the said Mem...... the first respondent made a bid and on his failure to pay the bid money, the action of the forfeiture of earnest money was taken. As regards the other action no leave has been granted and we are not called upon to enter into that question. But the question whether forfeiture, made in terms of the c......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....e is still subsisting and during such subsidence of the marriage the accused married one Most. Rahima Khatun, daughter of Md. Kashem Ali on 14.9.78 without the consent of the appellant as also without any permission from the Arbitration Council. There was also registered kabin of this......efer an application for revision, in the case of West Pakistan to the Collector, in the case of East Pakistan, to the Sub-Divisional Officer concerned and his decision shall be final and shall not be called in question in any Court. (5) Any man who, contracts another marriage without the permis......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....¦Appellants Vs. Golam Ahmad Shah and others………….Respondent Judgment January 27, 1986. Result: The Appeal is allowed. Cases Referred to- Davis Vs. Mensosa 38 Calcutta 805 (P. C.); Sarkarlinga Vs. Ratnoswami Nadar. AIR 1952 (Mad.) 389; Ram Sundar Vs. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ...... submitted that it is a case of hardÂship on the defendant whereas its non-performance would involve no such hardship on the plaintiff. The plaintiff has not done any subsÂtantial act or surfer any loss in consequence of the contract. Hardship is to be judged in the scale of the justice and in the..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
.... the powers and functions of the Tribunal trying the dispute as a trial Court. As the Election Tribunal itself cannot entertain an application under Order 9 rule 13 C.P.C., the appellate forum also cannot entertain on application under Order 41, rule 19 C.P.C. He submits that the learned Distri...... default or on contest. Under Order 41, rule 19 C .P.C. the lis between the parties is whether the applicant was prevented by any sufficient cause from being present in Court when the appeal was called on for hearing. A separate miscellaneous case is usually started on that application and it i......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
...................................Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, ......erwise valid order of detention cannot continue an illegal detention. On this ground also the detention of the detenu in the present case has been rendered illegal. In this case of course even the so-called independent order of detention dated 9.5.85 was illegal on the same ground of non-commun......unds were never communicated to the detenu to enable him to make necessary representation in writing as contemplated by section 8 of the Act. The learned Deputy Attorney General is perplexed and at a loss like us to understand the reason on the part of the detaining authority for not communicat..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....Sessions Trial Case No.6 of 1984 convicting accused appellant Noor Mohammad under sections 304 Part I of the Penal Code. The accused appellant Noor Mohammad has been sentenced to suffer rigorous imprisonment for 10 years for committing offence under section 304 Part I of the Penal Code. No sentence ......mad and acquitted accused Md. Hossain, Amin Sharif and Monir Ahmed. 4. The further case for the prosecution is that P.W.5 Dr. Mustafa Syed, Medical Officer Thana Dispensary, P.S. Anwara was called to the residence of accused appellant Noor Mohammad on 5.9.83 in the night. He found one woun......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ellip;………………………………..…..Respondent Judgment November 27, 1985. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1929 ......g a sentence only. The two decisions referred to above go to indicate as to under what circumstances a sentence of fine along with a substantive sentence of imprisonment would be appropriate and called for but nowhere it has been held that the substantive sentence can be avoided either under se......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. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1926 (Lah......sing a sentence only. The two decisions referred to above go to indicate as to under what circumstances a sentence of fine along with a substantive senÂtence of imprisonment would be appropriate and called for but nowhere it has been held that the substantive sentence can be avoided either under se...... 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. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....fied by the informant, that in spite of signal to stop the smugglers tried to escape with the launch containing the smuggled goods and started firing on the Customs Officials, that the armed forces also opened fire for self-defence and in the interest of the Government revenue, that the launch ......y;ing into Bangladesh goods, etc. without paying customs duty, etc. which offence, as already shown, is exclusively triable under the Special Powers Act, No interference under section 561A Cr.P.C. is called for in this case. The rule is accordingly discharged. The order staying further proceedi...... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....ppellant Vs. Golam Mowla………………………............Respondent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no po......bsp; conferredon section 435 Cr.P.C.. 10. Mr. Md. Ruhul Amin cited next the case of In re. Krishnarao Ramchandra, A.I.R. 1933 (Bomb) 409, in aid of his submission that Section 439 Cr.P.C. can be called in aid by the High Court to quash the proceeding of subordinate Court. This is a case un......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ..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)
....tled to realise the claim from the principal defendants and accordingly, he has instituted the suit in the Admiralty jurisdiction of this Court for realisation of the aforesaid amount. He also has filed an application for arrest/attachment of ship 'CHERRY ORIENT", a sea going vess......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. ......ralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff has filed a suit in Admiralty jurisdiction for realisation of Tk. 17,87,363.18 against the principal defendants for loss and damage to the cargo owing to short delivery and damage caused to it. 2. The plaintiff ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
.... why the judgment and order dated 22.2.84 passed by Mr. Alauddin Sarder, Assistant Sessions Judge, 2nd Court, Chittagong deemed to have been appointed as Additional Sessions Judge under the proviso to sub-section (3) of section 9 Cr.P.C. in Criminal Motion No.9 of 1983 setting aside the ju......s:— "9(1) The Government shall establish a Court of Session for every sessions division, and appoint a judge of such Court and the Court of Session for Metropolitan Area shall be called the Metropolitan Court of Session. (2) The Government may, by general or speci......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....rishad. 3. Being aggrieved by the aforesaid decision, the appellant-opposite party No.1 filed Election Appeal No.4 of 1984 before the District Judge, Barisal and filed an application also for staying operation of the order, dated 25.6.84, passed by the Election Tribunal on the ground ......bunal is not a Court and as such the District Judge who is the appellate authority under the provision of the Local Government (Union Parishad) Ordinance, 1983, (Ordinance No.XL of 1983) (hereinafter called the Union Parishad Ordinance) has no jurisdiction to grant the prayer for stay of the operati.......1 is still the sitting Chairman of the Union Parishad and that he has taken a large number of development works in the Union and if the operation of the order is not stayed, there will be great loss and injury both to the Union Parishad and to himself and there will be multiplicity of proceedi..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....es Referred to- Abdur Rashid Vs. State, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. Lawyers Involved: Marfat Ali with Md. Altafur Rahman— For the Condemned Prisoner. Sultan Ahmad, Deputy Attorney-General with Mokhter Hossain and Quazi Akhter Hossain, Ass......him. Abdur Rashid was sent to Rangpur Medical College Hospital where he died on Friday. 7. In cross-examination P.W.2 admitted that the condemned prisoner suffered from epilepsy disease. She was called Pagli. P.W.2 saw the injury of her son and she was almost senseless and her husband was ......ination of P.Ws. and from the examination of the condemned prisoner is a u/s 342 Cr.P.C. is that the condemned prisoner is a patient of epilepsy. During epileptic fits she grows violent and losses control over her temper and actions. She cannot recollect what happened in the night of occur..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....nts resisted the application for temporary injunction on the ground that the impugned order has been lawfully passed and the plaintiff has no cause of action for injunction and that it is also barred under section 56(d) of the Specific Relief Act and Martial Law Regulation No.XL. The defen...... 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. ......s been passed illegally and in a mala fide manner and he has a good prima facie case for injunction and if in the meanwhile the order of injunction be not granted then he will suffer irreparable loss and injury as he will be ousted from his office. The plaintiff further asserted that in the ord..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....16-4-80 at 8-45 A.M. she lodged an F.I.R. at P.S. Pirganj, District Rangpur stating that in the night following 15-4-80 she was sleeping with her deceased husband Mukul and daughter Moushumi in their south-facing hut. At about 2-30 A.M. in the early hours of 16-4-80 a man called her husband from out......ur stating that in the night following 15-4-80 she was sleeping with her deceased husband Mukul and daughter Moushumi in their south-facing hut. At about 2-30 A.M. in the early hours of 16-4-80 a man called her husband from outside addressing him as 'Mama'. Her husband opened the door. ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....dates nor directed the sureties to produce the accused on any such date, there was no compliance with the provisions of sub-section 2 of section 339B of the Code of Criminal Procedure and also since the accused neither can be said to have absconded nor can be said to have failed to appear ......On 26-5-83 at about 7 or 7.30 P.M. accused appellant Kala Miah along with acquitted accused Anu Mia, Sadhan Chandra Dey, Absar Ahmed and Shabbir Ahmed came to the house of P.W. 1 Dilli Raj Chakma and called his son Rabi Chandra Chakma. They asked him to go to the house of accused Shabbir Ahmed to at......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)
....tence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......shy;monium, cash money of Tk. 1100/- clothings etc. worth in all more than Tk. 12,000/-. Thereafter the robbers left the residence of the doctor along with those goods and the doctor immediately called other persons nearby and narrated the story. The defence case as appears from the trend of cr......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
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....ent of land imposed by section 76 of the State Acquisition Act are; (I) settlement should not be made with anyone who is not a bona fide cultivator; (2) settlement should not be made with any person unless he is a person to whom transfer of land can be made under section 90 of the said Act. -Th......junction. It is evident that with the dismissal of the appeal, the temporary injunction granted in the Civil Rule will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 &n......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....h; For the Respondent. Matter No. 14 of 1982. Judgment Mustafa Kamal J. - This application under section 166 of the Companies Act preferred by the petitioner Motiur Rahman seeks the dissolution of May Industries Ltd., a private limited Company incorporated under the Companies Act, 191......g Director of the Company Arif Yunus for reasons best known to him. The petitioner was made a director of the company from 2-7-76 but it was in name only. The said Managing Director has not been called any meeting of the Board of Directors since 1978. The petitioner was never called upon to fun...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6