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Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....rth about Taka one lakh. 4 P. S. cases and counter cases under various sections of the Penal Code from 1976-1978 have been listed in the affidavit-in-opposition. It has however been stated that these criminal cases did not produce any results and the petitioner managed to thwart these proceedin...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......ing held on 20-6-76 and was duly registered, the certificate of shares bearing No.005 has not been returned to the petitioner at the behest of the Managing 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..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
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. ......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. ......xtension as such those can not be upheld. From the orders of the learned Sessions Judge it appears that he has considered the recommendation made by Public prosecutor for the extension of time and thereafter he extended time. In this view of the matter we do not find any substance in this contention..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. ......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. ......shy;oner No.14. All these five persons were untraced and as they were killed, whereupon the then Prime Minister directed the Officer-in Charge Mohammadpur P.S. directing that the application be treated as an F.I.R. Then the police investigated into the matter and submitted final report on 12.2...Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......earned Munsjf dismissed the suit for default. 4. On 9.6,76 the present petitioners as heirs and successors of the deceased plaintiff filed Miscellaneous Case No.191 of 1976 under Order 9, rule 4 read with section 151 C.P.C. praying for setting aside the order dated 16.4.76 and for restoration o..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ...... Criminal Revision No. 140 of 1983. Judgment Sultan Hossain Khan J.—These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding of Sessions Case No. 369/1982 as stopped and releasing the accused persons un..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
...................Petitioner Vs. The State.....................................Opposite parties Judgment January 3, 1984. Result: The Rule is discharged. Withdrawal of criminal Case President's Order No. 16 of 1973 Art. 2. Under Article 2 of P.O. 16/73,......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. ...... whether the dacoits were recognised. 3. On the basis of this FIR. G.R. Case No.166/71 was started under Section 396 of the Penal Code. Police submitted final report dated 30-12-71. Thereafter nothing appears from the order sheet of the said ease of the Magistrate. Informant Kasem Ali..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....through the judgments of the Courts below and other relevant materials. The learned Advocate submits that as the plaintiffs could not prove any motive for the alleged benami and could not produce the criminal kabala dated 21.3.50 from their custody the Courts below should have disbelieved the story ......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ......t he did not ultimately turn up to contest. Defence of the defendant Nos. 2-6 was also that Mouna Khatun purchased the suit lands with her own money which she got from her mother and that she was the real owner and not the benamdar of Abul Meah. They also alleged that Mouna Khatun possessed the land..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
....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. ......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. ......should not be dragged. Hence by order dated 13.1.83 the learned Assistant Sessions Judge acquitted the three accused opposite parties of the offences charged against them. The informant-petitioner thereafter obtained the present Rule against the said order of acquittal. 3. Chapter XXIII of the ..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....ut an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable. The normal rule of interpretation of section 33 of the Evidence Act is that in criminal cases strict proof ought to be given that the requirements of section 33 have bee......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......g evidence or is kept put of the way by the adverse party or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable. The normal rule of interpretation of section 33 of the Evidence Act is that in..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ...... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100. ...... after investigation submitted charge-sheet on 13-5-81 and the case was sent to the Court of the Sessions Judge Jessore on 20-9-82 and the same was registered as Sessions Case No.508 of 1982. Thereafter the learned Sessions Judge fixed 20-12-82 for further order. It is alleged in the petition t..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ......grew paddy in their land on 19.11.81 at about 6-30 A.M. he heard that petitioner No.1 alongwith his men being armed with lathi, leza, kachi, bomb were harvesting the paddy from the aforesaid land. Thereafter the petitioner and his men proceeded to that direction and when they reached the place they ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....there is no evidence on record against the accused justified in setting aside the order of acquittal and directing retrial--This is an abuse of the process of the court and must be set aside--Code of criminal Procedure (V of 1898) S. 561A……………(11) Case Referre......Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......se of accused petitioner Abul Hossain to attend a meeting for discussion about the paddy cutting case brought by Madhu alias Monoranjan. Deceased Abdur Rashid alias Petan went away with them. Thereafter the whereabouts of Abdur Rashid alias Petan were not known. In the following morning th..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22 ......-30 A.M. while P.W. 1 Mir Ahmed was washing his face in the tank of his house his brother Kabir Ahmed (deceased) was returning from Jorpukur Bazar after taking tea from the tea shop. When Kabir Ahmed reached the Aochiachara pucca bridge on the Satkania-Banshkhali Road in village Kanchana, accused ap..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....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 ......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 ......la on 6.9.82 alleging, inter alia, that the opposite patties were making attempts to dispossess him from the land mentioned in the schedule to the petition and as such there was apprehension of breach of the peace. The said application was forwarded to the Subdivisional Magistrate who received ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
....sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ......sed appellant are acquitted of the charge and shall be set at liberty forthwith if not wanted in conduction with any other case. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 325. ...... with his wife Shila Rani and sister Archana slept in their hut at about 11 P.M. on 24-4-81. Soon after he woke up on hearing kicking sound on the door and immediately two dacoits entered the hut by breaking open the door and they put out the burning lamp of the hut. Then one of the dacoits attacked..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
.... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ......de of plastic. After invention he applied for registration of the same to the Controller of Patents and Designs, Government of the People's Republic of Bangladesh. He obtained registration and thereafter became the absolute owner of the said designs. Seeing the newness and attractive qualit..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
..... 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. ....... 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. ......spect of measurement and this clearly speaks of the fact that after gutting by the accidental fire the present houses have been reconstructed in different measurements. The shifting of site has already been indicated while discussing the evidence of D.W.8. As regards the pucca house the same re..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....e party No.4 under the legally executed agreement and the Memo, under reference expressed surprise over this course of action also. 7. It is the contention of the accused petitioner that the criminal prosecution was launched by the opposite party No.1 with a false averment that the premises......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......in who migrated with his family to Pakistan during the liberation war in 1971, leaving the said premises unprotected. Md. Aminuddin later died in Pakistan. The premises were occupied by certain miscreants. They were ousted by the Naval Headquarters. The premises were repaired and made habitable by..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....he rest of the accused persons also assaulted deceased Mona Karati with lathi and Fala. This witness admitted in cross-examination that there were civil litigations between the parties both civil and criminal. The defence suggestion that there was dispute with respect to the possession of the Baitha......e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277. ......9. The trial of sessions case commences when the accused is brought before the Court to stand his trial and at that time the trial commences. The deleted section 271 of the Code of Criminal Procedure reads as follows:—(1) When the Court is ready to commence the trial, the accused shall appear ..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....he said order the Court also directed the first party to furnish a proper undertaking to the effect that he will be bound to refund the amount if the Court desires so. 3. As against that order a criminal motion being Criminal Revision No.107 of 1981 was moved before the learned Sessions Judge, ...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......amounting to Tk. 14,919/75 from the receiver. 2. Facts are that on the report of the Officer-in-charge of Amtali Police Station on 11-7-79 to the effect that there was a serious apprehension of breach of peace over the cutting of paddy in the disputed land between the parties the learned Sub-Di..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
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