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Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....st be understood in that light. Mr. Fazlul Karim was emphasising on the observation as to the discretion of the Court as made by Lord Williams, J and, therefore, we felt it necessary to explain the scope of the discretion as can be exercised by a Court upon the observation as made above by Lord Wi......te, Dhaka in G.R Case No.4703/82 under sections 420/406 Penal Code. The Order-sheet of the Magistrate shows that the Opposite-party surrendered himself before the Court on 12.3.83 and was enlarged on bail on the following day. The accused, however, did not turn up at the time of trial and the Magi..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....s Sattar only by the circumstantial evidence namely, by the only story of recognition of the two appellants along with the miscreants. So, this circumstances was required to be proved beyond any scope of doubt, i.e. by conclusive evidence. As we have found the story of recognition as given by t......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....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. ......ued against accused petitioners on 11.8.80 u/ss. 365/344/3 54/384/114/34 of the Penal Code. Thereafter the accused petitioners surrendered before the Metropolitan Magistrate who enlarged them on bail. Ultimately the said C.R. Case was sent up to the Court of Sessions for trial and the same..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
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. ......an Magistrate. In pursuance of the order of the learned Sessions Judge, Chittagong accused petitioner Sabitri Rani Dey and another accused Tarun Kanti Chakraborty were directed to be released on bail on 6.6.83. When accused Sabitri Rani Dey furnished bail bond, she was released on 19.7.83. As t..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....ajor operations or would have been cured in the event of any successful operation. However; faint the doubt may be, benefit must in all fairness go to the accused. In a situation like this we have no scope to find that the death of Shantu inevitably resulted from the injuries that were inflicted by ......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... The suit is pending. It would not be adviseable to make any comment. Accordingly in this judgment we refrain from touching the factual aspects of the case. 2. Leave was granted to consider the scope of Order 18, rule 17 of the Code of Civil Procedure in the context of facts and circumstanc...... 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...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....y;sfer the same under Section 526B of the Code. Since the language of the proviso to sub-section (3) of Section 526 of the Code is very much clear and unambiguous, in our opinion, there is hardly any scope of interpreting its effect otherwise than giving effect to its plain meaning. Thus, for t.......84 filed another application praying disposal of his application filed on 9.2.84. It is further alleged that inspite of objection raised on 14.3.83 the learned Additional Sessions Judge granted bail to the opposite party No.1 up to 15.5.84 on medical ground notwithstanding the fact that t..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
.... So this contention of Mr. B. N. Chowdhury also fails. In the result, it is found that the judgment and decree passed by the Courts below do not suffer from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. ......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 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. ......is case the police submitted charge sheet against accused appellant Kala Miah and others on 30-8-83 under Sections 364 and 302 of the Penal Code. Accused Kala Miah was released on bail on 3-8-83 by the Upazilla Magistrate, Alikadam. Thereafter accused Kala Miah and two other accu..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....ime limit for laying a claim under section 4 of the Partition Act unlike the claim for preemption under other law. So the plaintiff having the benefit provided by the law itself there is no scope for this Court to refuse the claim of the plaintiff on the ground that the claim has been laid....... 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
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. ......cation made to him or otherwise, that further investigation into the offence ought to be made, direct further investigation to be made, into the offence subject to such directions with regard to bail and other matters as he may specify." 6. From the above provision it appears even the..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....int petition was dismissed by the Magistrate He further submits that the order of enquiry made by the Sessions Judge, in the facts and circumstances of the case passed on misconception under the scope of section 436 of the Code of Criminal Procedure. In support of his contention he has relied o......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
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....y is to be deemed to be a complete usufructuary mortgage and the period must not exceed seven years that the provision of section 95 would apply for restoration or redemption. There is, therefore, no scope for any controversy that the transaction in the present case must be treated to be a complete ...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....sputed by the defendant appellant. The property was not transferred for the benefit of the Wakf or for any other legal necessity of the Wakf. It is evident that the vendors Mutawallis went beyond the scope of their authority in effecting the transfer of suit land in favour of the defendant appellant......peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....the Sessions Judge cannot proceed with the prosecution and is required to discharge the accused. When such a certificate from the Government is filed by the Public Prosecutor the Session Judge has no scope to make any order either granting or refusing permission for withdrawal. The case is deemed un......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80. ..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....ce on the point, the Sessions Court considers that there is no evidence that the accused committed the offence, the Court shall record an order of acquittal, U/S 265H Cr.P.C. 7. There is thus no scope for recording an order of acquittal merely because the prosecution witnesses were not present ......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....g land. Mr. Rahman submitted that in view of the said suit filed on 9.1.82 admitting that the first party was out of possession of the proceeding land and seeking recovery of possession, there was no scope for a proceeding under section 145 Cr.P.C at the instance of the first party on the alleg......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
.... The appeal is allowed. Code of Civil Procedure, 1980; order 47 or 1, 2 & 4 Review of Judgment by a Successor Judge The right of review of a judgment is a substantive right and its scope, extent manner and forum are circumscribed by the statute which confer such right-Review on th......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....relating to frustration of contract and section III of the Transfer of Property Act which provides various modes for the determination of a lease in respect of immovable property, there was no scope for importing the doctrine of frustration under the English Common law". Incidentally, the ....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....d common stand of all the authorities charged with the supervision and maintenance of Cantonment lands and buildings that the premises in question is an abandoned property, then there is sufficient scope within the provisions of P.O.No.16 of 1972 and the Rules framed thereunder for taking necessar......was started against the accused petitioner Moqsood Alam. The learned Magistrate, issued summons on the accused petitioner on 6.3.1981 on 305.81. The accused petitioners appeared and was enlarged on bail on 30.5.81 the complainant opposite party No.1 filed an application for inclusion of section 46..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
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