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Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ward any compensation to the complainant and accordingly it was held in the facts of that case that there should not have been double sentence and as such the sentence of fine was set aside while upholding the sentence of imprisonment. 9. In the case reported in 35 C.W.N. the conviction was u......mittedly submitted on 24.11.82 it was a pending case at the commencement of the Criminal Procedure Code (Second Amendment) Ordinance 1983 (Ordinance No. XXXVII of 1983) and as such the case would be governed by section 8 of the said Ordinance which provides thus: "Notwithstanding the time speci..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....ich means that it was not the prosecution case that a gun was used while committing the offence. The Sessions Judge and Ex-Officio Special Tribunal clearly committed an illegality in the said case by holding that the cognizance will be taken u/s. 27 of the Special Powers Act as the case under sectio......mugglers 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 was forced to stop at Kaligonj Bridge, that some of the smug..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....(2) Transfer to a co-sharer by inheritance is not pre-emptible in any way……………(4) It appears that the appellant-transferees are the only co-sharers in the holding, and it is they who already purchased the land. Since there was no other co-sharer in t....... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ed to write certain papers under his dictation and was forced to put her signatures on some blank sheets of paper. She was made to get herself photographed with accused Abu Taher several times. After holding a Judicial inquiry after examining some witnesses warrants of arrest were issued against acc......ntent to wrongfully confine her secretly in a dork room of Taher Automobiles at 18, O.R. Nazam Road Chittagong. She was forcibly and wrongfully confined there from 12.7.80. to 28.7.80 when she was recovered by her brothers from there. The complainant's brother Rashed had made G.D. Entry No.585 o..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....would be coming in due course. He received the power subsequently on 29-1-84. On 6-12-83 before going to Court to deal with police and general file the contemner learnt that the Munsif-Magistrate was holding his, criminal file. The contemner sent Mr. Solaiman Ali, Office Assistant, to enquire o....... 2. During the pendency of the above contempt Rule, the learned District and Sessions Judge, Rangpur forwarded two representations submitted by the aforesaid Munsif-Magistrate to the Government praying for his transfer from Chilmari and also praying for leave to leave his present pla..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
.... of the F.I.R. and there was no material discrepancy in the statement of the witnesses the witnesses included some relations as well as independent persons and that the Medical evidence of the Doctor holding post mortem examination clearly proved that the death resulted from the injuries inflicted b......;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
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....eged that in the order dated 16.6.84 the learned Judge has made an absolutely wrong observation in respect of the submission of the engaged lawyer of the petitioner, in fixing 27.6.84 as the date for holding trial notwithstanding the fact that the said learned Advocate of the petitioner did not make......, pending before Mr. Z. H. Md. Dawood, Additional Sessions Judge, 3rd Court, Sylhet to any other Court of competent jurisdiction for trial. 2. It transpires from the petition that in a riot over the possession of a plot of land one Mortoba Azad, nephew of the informant, being seriousl..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....in possession of the lands. The fact that the question of title also may have to be incidentally gone into in deciding whether the injunction can be given or not is in no way a justification for holding that the suit must be for a declaration of title and for injunction. There can also be ......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
.... name the accused but would be able to identify them if they would happen to see them again. So this portion of the testimony of P.W.6 and 7 stands corroborated by P.W.5, and we have no hesitation in holding that the accused appellant has been correctly identified in this case. 10. Next the lea......ort prepared by Mr. Abdul Wahed P.W.3. We have gone through the record of the test identification parade and found that it has been conducted in accordance with law and there is no illegality what-so-over in conducting the test identification parade. 5. P.W.4 Abdul Malek is a seizure-list witne..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ta High Court in the aforesaid case of Haji Mohammudin and Company Vs. Eastern Japan Trading Company, (1924) Vol. 79 Indian Cases 242 with which we are in respectful agreement we see no difficulty in holding that there is now no order of attachment before judgment coming within the purview of Order ......urity in respect of the claim and cost of the suit. The guarantee has been offered freely and voluntarily. We find no reason why this guarantee should be cancelled when the suit is still pending. Moreover, its operative term shows that this security is to cover the claim and cost of the suit.”..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....the petitioner and other shareholders who are not relatives of the Managing Director. The Managing Director is depriving the petitioner as also other 25% share-holders the benefits of their shareholding in the company. The petitioner through his lawyer sent a notice to the Managing Director to ......shy;tioner who has lost all faith in the commercial integrity of the said Managing Director. It is therefore just and equitable that the company be wound up and a liquidator be appointed to take over the Company's assets and liabilities and distribute the same to the shareholders. The petit..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....rustication of a student shall be taken up unless the matter has been placed on the agenda issued with the notice of the meeting. According to the learned Advocate, these facts clearly shows that the holding of the meeting without prior 7 clays notice and without the agenda, was incompetent and ever...... against the principle of natural justice. It was also alleged that the meeting was neither legally convened, not properly notified nor conducted in the manner as provided in the Recognised non-Government Secondary Schools Regulation 1973 herein after refer to as the Regulation. That the Board ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....cial mind to the facts and circumstances of the case and specially that of the Pleader Commissioner's report as to possession. He has further argued that the learned Court below was also wrong in holding that in matters like this when the allegation was a mistaken entry and description of the pr......292 of khatian No.66 and executed a patta on 28.2.45 as to plot No.1292 and delivered possession to them and in the said patta defendant fraudulently inserted the plot No.1290 and 1291 of Khatian 65 covering the area of 2.46 acres instead of plot No. 292 which was agreed to be leased out by the regi..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....h Court Division correctly decided that respondent No. 1 are the successors of PICIC that all assets of the PICIC vested in respondent No. 1 and (3) whether the High Court Division was correct in not holding that since the appellants had paid Taka 4 lacs between September and December of the year 19......d loan, US dollar 46,000.00 only was disbursed, that the appellant, paid several instalments to the PICIC, Karachi, that after the emergence of Bangladesh the undertaking of the appellant was taken over as abandoned property though subsequently released and that the appellant did not, in their let..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....12. Thus in consideration of the provisions of law with reference to the provisions of law with reference to the facts in the present case I must held that the learned Munsif gave a proper finding by holding that there was no due service of summons on the plaintiffs and that the learned Additional D......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....cord to show that the plaintiff understood the contents and purport of the deeds of gift and sale; which were read over and explained to her, but the learned Subordinate Judge has erred in law in not holding that the deeds in question have been read over to the plaintiff and explained to her and tha......81 on 19.12.82 reversing those passed by the 4th Court of Munsif, Patiya in other Suit No.37 of 1979 on 23.3.81.The opposite party No.1 Asma Khatun instituted the suit for declaration of title and recovery of possession. Opposite party No.2 and petitioner are sons of Asma Khatun who has two other so..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....tiffs brought the suit for a permanent injunction to restrain the defendants from entering into the suit land. 2. The plaintiff’s case was that the suit land measuring 8.11 appertains to a holding which totally comprised of 8.34 lands. The plaintiff’s predecessor Baharuddin purchase....... A person in long possession can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive possession of the suit land for over 12 years adversely to the defendants and their predecessor. Plaintiff’s title in 4.24 lan..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
.... 14.5.74 to the Sub-Divisional Magistrate, Magura regarding the same incident whereupon the learned Magistrate examined the complainant on oath and transferred the case to another Magistrate for holding Judicial enquiry into the matter. When the judicial enquiry was being held the complainant w......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)
....dant opposite-parties opposes the Rule. There is no dispute about the facts of the case as stated above. The subject matter of the suit was nal land measuring 48 sataks appertaining to a raiyati holding of mouza Kulgaon, P.S. Panchalaish, Chittagong. Section 95A of the State Acquisition and Ten......he newly inserted section 95A a transfer whether made before or after the date of commencement of the State Acquisition and Tenancy (Second Amendment) Order, 1972 (P.O. 88 of 1972) is also covered. The section, because of its very language, has a retrospective effect. In interpreting sub-s..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....rovisions of Article 8 of the East Pakistan Enemy Property (Lands and Buildings) Administration Disposal Order, 1966 the learned Subordinate Judge dismissed the execution case without costs holding that the property in question cannot be sold in execution of the decree. 6. Mr. A.K.M, ......stodian shall be exempted from attachment, seizure or sale in execution of a Civil Court decree or 'orders of any other authority." That enemy property which has now vested in the Government of Bangladesh by operation of law is exempted from attachment, seizure or sale in exe..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
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