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Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....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. ...... There is thus no substance in this rule which need to be discharged. In the result this Rule is discharged but without any order as to costs. The stay granted earlier is hereby vacated. On the prayer of the learned Advocate for the petitioner let the operation of this judgment and order ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....981 reversing those of the learned Munsif, Barguna made in Title Suite No.7 of 1974. 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the ord......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......al Law Court ordered on 26.1.85 to send the case to the Court of Sessions. The accused petitioner appeared before the Additional Sessions Judge-in-Charge on 27.1.85 and prayed for bail. His prayer for bail was rejected on 11.2.83. Thereafter the accused petitioner went on praying for bail ..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......ide the order of the Additional Sessions Judge, 2nd Court, Dhaka in Criminal Revision No.316 of 1983 under sections 435 and 438 of the Code of Criminal Procedure rejecting the petitioner’s prayer for making a reference to this Court recommending quashment of the said Criminal Case. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
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. ......s submitted charge sheet and the criminal case i.e. Kotwali P.S. Case No.6(2)79 under sections 420/471/109 of the Penal Code is pending. The Opposite party in order to defeat the criminal case made a prayer for stay of the proceeding of the criminal case pending disposal of the Civil Suit i.e. ..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. .......O. remained sitting idle over the (muter) till today. The time of investigation already ended much earlier as per amendments of section 167 of the Cr.P.C. On the other hand, the I.O. never submitted prayer for extension of time. Hence the case is dismissed under section 203 Cr.P.C. It may be mentio..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. ......ved the report of O.C. Mirsarai P.S. dated 16.6.77 for adding Special Powers Act in the charge sheet of this case and after hearing the prosecution the Sub-Divisional Magistrate allowed the prayer. After completing further investigation Police submitted a report and the Sub-Divisional..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. ......ubmitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenu interrogation was necessary and accordingly made prayer for remanding the detenu to police custody for 5 days. The learned Chief Metropolitan Magistr..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....bove as to discretion of the Court in imposing sentence, Lord Williams, J was obviously referring to those sections of the Penal Code where punishment of imprisonment and fine is provided in the alternative or by way of both, for example as under sections 147/148, etc.. His Lordship obvious......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)
.... above as to discretion of the Court in imposing sentence, Lord Williams, J was obviously referring to those sections of, the Penal Code where punishment of imprisonment and fine is provided in the alternative or by way of both, for example as under sections 147/148, etc. His Lordship obviously ...... 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
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. ...... and recovery of khas possession after demolishing the construction made by the petitioner, confirmation of possession in lot No. 1 of the suit properties and for permanent injunction. 3. On the prayer of the plaintiff, the learned Subordinate Judge appointed two separate Advocate commissioners..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....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. ......ent. In the presence of the complainant 18.12.82 was fixed for examination of the complainant and his witnesses. On 18.12.82 the complainant and his witnesses did not appear and did not make any prayer for adjournment through any one. Yet the Village Court in the interest of justice fixed 25.12..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ......e defendant on 26.9.83 filed an application for addition of Bangladesh Railway and its General Manager defendants 2+6 in the suit. By the impugned order the learned Munsif rejected the said prayer on the ground that the application was seriously opposed and it will hinder progress of ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......stration of the trade marks of the plaintiff u/s. 46 of the Trade Marks" Act and that matter is still pending before the Registrar of Trade Marks, and prayed for rejection of the plaintiff's prayer for temporary injunction. 5. The learned District Judge after hearing the objections aga..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ision of Lord Asquith in the case of East End Dwellings Co. Ltd. Vs. Finsbury Borough Council, (1952) A.C. 109 (B) we will also show that unless prohibited in the statute itself we have no other alternative but to accept all the consequences and incidents that inevitably flow as corollaries of ......sent. They are tried in absentia. On repeated calls the learned lawyer is found absent. His junior appears but he is reluctant to proceed with the case. Waited for half an hour. There is no prayer for time. I cannot wait indefinitely for the lawyer. This is a long pending case. The tr..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
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. ......f and there will be multiplicity of proceedings in the matter and that purpose of the appeal will also be frustrated. The respondent-petitioner appeared and filed a written objection against the said prayer for stay. After hearing the learned Advocates of both the parties, the learned District Judge..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....ish to make it clear that the first affidavit is not an affidavit begging unconditional apology from the Court. It is an affidavit contesting and challenging the Rule and seeking to establish an alternative case. The apology which has been tendered at the end is not an apology at all. There is ......to prove his case. In the 4th affidavit the contemner repudiated the contentions of the Munsif-Magistrate in the 3rd affidavit. 16. During the hearing of the two contempt Rules, a prayer was made on behalf of the contemner to examine witnesses in this Court to determine which of ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ......etropolitan Magistrate extended the period for a further period of 30 days in exercise of his power under section 157 (5) Cr.P.C. by passing the following order on 28.6.83:— "Seen the prayer of I.O. who prayed for one months time extension. The prayer is allowed upto 29.7.83." ..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. ......e and that had, therefore, no knowledge 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, 1..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32....... more witnesses of the plaintiff were examined after the closure of the plaintiff's evidence notwithstanding the unsuccessful objection of the defence, and the High Court Division in affirming the prayer for examination of those witnesses observed that this should have neither been treated as a ..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199