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Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......etition for stay filed by the plaintiff is malafide and motivated. I also find that the earlier petition for stay has been filed cunningly to create a ground for dragging this suit for further longer period. It has already been found that a petition for stay has been rejected earlier by this Court o..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......Court of Pakistan pointed out that "The burden of proving fraud, it must be remembered, is on the party alleging it and that too by clear and convincing evidence, particularly, where a long period has expired and valuable rights have accrued to the other suit." There is hardly any dif..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Mansur Ali Vs. State, 1986, 15 CLC (HCD)
....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......gorous imprisonment for 3 (three) months more. 2. The prosecution case, in brief is that the accused appellant Md. Mansur Ali while employed as Store-In-Charge of Lalpur Fair Price Shop during the period from 13-9-72 of 4-6-75 misappropriated an amount of Tk. 52,587.28 paisa and thereby committed..Category: Criminal Law | Date: 13 May, 1986 | Hits: 30
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....ioner 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 Memo t......at the right of the petitioner in respect of the fishery and with that end in view the Additional Deputy Commissioner (Revenue), Moulvi Bazar suddenly put the fishery in auction on 25.05.1984 for the period 1391 B.S. to 1393 B.S. in spite of the petitioner's existing lease. The petitioner object..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
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. ......ection 401 of the Penal Code (Act XLV of 1960), which, immediately before the commencement of this Ordinance, was pending in any Court, including the Supreme Court, shall be disposed of within a period of three hundred and sixty days from the date of such commencement." 6. It ii well-..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....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. ...... permission applied for. (4) In deciding the application the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner within the prescribed period and on payment of the prescribed fee, prefer an application for revision, in the case of West..Category: Family Law | Date: 17 Mar, 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. ......1984 page-319 where it has been held by this Court that when there is no knowing when the suit will be heard the stay of the criminal proceeding would mean a stay for an uncertain and indefinite period and the criminal proceeding will be prejudiced and upon lapse of unlimited time it will be di..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. ...... an accused has been released under sub-section (7), the case against him shall not be revived after the expiry of six months of the release and, for revival of the investigation within the said period of six months, specific order of the District Magistrate shall have to be obtained: Prov..Category: Criminal Law, Procedural Law | Date: 30 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. ......ddin Ahmed @ Jamal Ahmed s/o. Haji Bashir Ahmed of Bakulia, P.S. Chandgaon, District Chittagong be detained in Chittagong Jail under sub-section (2) of section 3 of the Special Powers Act, 1974 for a period of 30 days with effect from the date of service of this order. Sd/-Md. Omar Farooq, ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....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. ......y on the point. In the 4 D.L.R. case the conviction was under section 408 and the accused was sentenced to rigorous imprisonment for 6 (six) months and a fine of Tk. 500/- in default R.I. for another period of (six) months. It was held that though it is permissible under section 408 of the Penal Cod..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... 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. ......ctly on the point. In the 4 DLR case the conviction was under section 408 and the accused was sentenced to rigorous imprisonment for 6 (six) months and a fine of Tk. 500/- in default R.I. for another period of (six) months. It was held that though it is permissible under section 408 of the Penal Cod..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
....cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......n or a review of judgment or for leave to appeal or any other application to which this section is made applicable by or under any enactment for the time being in force may be admitted after the period of limitation prescribed thereof, when the appellant or applicant satisfies the Court th..Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....endant 2 agreed to sell and the price was settled at Tk. 9,00,001/-. The plaintiff paid in cash Tk. 1,00,001/- as earnest money and the deed of agreement for sale was executed on 9.1.79 and it was stipulated that defendants would hand over possession of the suit property to the plaintiff on rece...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
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. ......l. Ultimately the said C.R. Case was sent up to the Court of Sessions for trial and the same was numbered as S.T. Case No.204/82. The said Sessions Trial Case remained pending for a considerable period and ultimately on 13.9.82 the record of the said case was received back by the Chief Metropol..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. ...... F.I.R. the Investigating Officer prayed for extension of the time for investigation for another one month and accordingly on 28.6.83 Mr. Benu Gopal Dey the Chief Metropolitan Magistrate extended the period for a further period of 30 days in exercise of his power under section 157 (5) Cr.P.C. by pas..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
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. ......ognizance of the offence complained of shall, by order notified in the official Gazette, and also published in at least one Bengali daily newspaper, direct such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....4.1975 on receipt of the balance of the consideration money. The defendant No.1 having taken no steps for executing and registering the kabala in pursuance of the agreement dated 24.4.1975 within the stipulated time. The plaintiffs therefore were compelled to file the suit. 4. The defendant No....... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......ract. This finding is based on evidence and stands concluded by the concurrent finding of act of the Courts below. The learned Advocate however submits that in the alleged contract of reconveyance no period was fixed for repayment of the amount and as such it is not enforceable in law inasmuch as it..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
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. ......for extension of time. On his prayer time was extended by the learned Magistrate by another 30 days on 28.11.83 but the investigating officer could not complete the investigation within that extended period. Investigating Officer in the meantime on 26.12.83 filed an application before the learned Se..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......bing the property. 9. This mutual mistake as to description would call for rectification of the document which need to have been affected by filing a suit for rectification within the prescribed period to limitation as provided under section 31 of the Specific Relief Act before the ap..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
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