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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. ...... C.P.C. The order was passed by the learned Munsif and there is no appeal provided for before the High Court Division under the C.P.C. against the said portion of the order. Therefore, in view of the power conferred by section 115 C.P.C. this Court is competent to exercise the power and rectify....................Petitioner Vs. Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. ...... 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. ..Category: Civil Law | Date: 10 Apr, 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. ......ioners wants to read the proviso to section (3) of Section 9 to the effect that whereas the District Magistrate, Additional District Magistrate or any Magistrate, of the 1st class is specially empowered U/S 29C of the Code of Criminal Procedure to try any offence, all the Assistant Session..........Petitioners Vs. Mst. Razia Begum and another..........................Opposite-Parties Judgment December 4, 1984. Result: The Rule is discharged. Cases Referred to- Md. Mustafa Mondal Vs. State, 35 DLR 362; Nizir Ahmed and others Vs. Yunus and others, 36 D......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. ..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. ......o, there is, no doubt that the District Judge is the Judge of the principal Civil Court of the District and as such he is a Court and not a persona designata. It therefore follows that he has all the powers and authority of a civil Court and he is guided by the Code of Civil Procedure unless his pow.............Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Result: This Rule is discharged. Cases Referred to- 29 DLR (SC) at page 304; Dilumuddin Madbar and others Vs. Province of East Pakistan and oth......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. ..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ......he contemner did everything to make his stay comfortable. 6. The contemner received from the Munsif-Magistrate an information on 27-11-83 that the Munsif-Magistrate was invested with first class power or 10-11-83. The Munsif-Magistrate came to the office-cum-residence of the contemner one ....... Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Ra...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ......ommissioner and revision to the Government and as such the validity of any act done under the said Act cannot be challenged in a suit except as prescribed under the appellate and revisional power, but a suit will lie when the impugned order is passed outside the purview of the said Act or ...... Latifur Rahman J Dy. Secretary, Ministry of Commerce...................Petitioner Vs. Nizamuddin Haider...........................................Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary...... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..Category: Civil Law | Date: 31 Oct, 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. ......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 passing the following order on 28.6.83:— "See......Rahman J Md. Abdul Jalil J Sabitri Rani Dey.....................................Petitioner Vs. The State..........................................Respondent Judgment October 29, 1984. Result: The Rule is discharged. Lawyers Involved: S. C. Das&mdas......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. ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......al construction to hold that any other procedure was permitted than that which was laid down with such minute particularity in the sections themselves. Section 164 Cr.P.C. is a section confirming the power of a Magistrate and delimiting them. No doubt a Magistrate acting u/ss. 164 and 364 Cr. P. C. ......a Kamal J Md. Abdul Wahab J Zaheda Bewa & anothers…...................Petitioner Vs. The State...........................................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
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. ......erritory now comprising Bangladesh, it can, in no circumstances, be declared as an abandoned property………(16) In view of special circumstances in this case, and by virtue of the power conferred upon the Appellate Division of the Supreme Court by the Constitution of Bangladesh......trol and Disposal) Order, 1972 (President’s Order No. 16 of 1972). A company which has been incorporated as a limited company under the provisions of the Company Act in the territory now comprising Bangladesh, it can be declared and treated as abandoned property. Moreover, the......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. ..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.......ment August 20, 1984. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrari...... Result: The appeal is allowed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power...... 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)
.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ...... Procedure is entertainable, Section 526B is a new import in Chapter XLIV of the Code by the Law Reforms Ordinance, 1978. It is quite appreciable that by the same Ordinance some other revisional power namely viz. under Section 439A of the Code has been given to the Sessions Judge. The prov......-section 1 of Section 526 of the Code of Criminal Procedure. Judgment Md. Abdur Rouf J.- The informant has moved this application under section 526 of the Code of Criminal Procedure praying to transfer the Sessions Case No.262 of 1983, pending before Mr. Z. H. Md. Dawood, Additional Sessio...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....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. ......in and 7 others from whom the plaintiffs purchased the said land by 7 kabalas. The lands of schedule Ga belonged to Kalipada and Shyamapada who exchanged the said lands with Ataur Rahman by executing power of Attorney dated 6.8.65 and from Ataur Rahman the plaintiffs purchased the said lands by.......63 of 1977 reversing the judgment and decree passed by the Munsif, 3rd Court in O.C. Suit No.114 of 1969 and dismissing the suit. The plaintiffs brought the suit for a permanent injunction to restrain the defendants from disturbing the plaintiffs' possession of the suit land. The......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
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. ......83 convicting accused appellant Kala Meah under Section 302 of the Penal Code and sentencing him to undergo transportation for life. The accused appellant was tried in absentia. He executed power in favour of the learned advocate Mr. Mustafa Niaz Muhammad, from Bandarban Jail on 6-2-1984 w...... Code of Criminal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he ......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. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ...... the suit or until the further order of the Court the stock in trade of the defendant firm lying at No. 55-11, Canning Street. Sanderson, CJ. observed: “It is rule 5, which gives the court power to direct security to be given and it is rule 6, which gives the court power to attach the pro......apan Trading Company (1924) Vol. 79 Indian Cases 242; Civil Appeals No.28 and 29 of 1983 of the Appellate Division of the Supreme Court of Bangladesh; Thai Seree Fishery Co. Ltd & Thai Seri Cold Storage Co. Ltd. Vs. Amin Fish Farm & Industries Ltd. Lawyers Involved: M. HafizuUah wi......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......the Board of Directors can be comprised of a minimum number of 3 Directors and I find that the Company is being run by a Board of Directors comprising of 3 Directors. With regard to amassing all powers in the hands of Managing Director I find that under Article 39 of the Articles of Association................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, 1984. Result: The application is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 42...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......is is an application under section 115 of the Code of Civil Procedure and I am very much conscious of the limitations as under section 115 of the Code of Civil Procedure. This Court must exercise the power on revision within the tenor of the law and not hearing the matter as a Second Appeal. It.....................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 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. ......tion and without being satisfied. He further submits that the learned Sessions Judge did not at all applied his mind in passing those orders. He further submits that the learned Sessions Judge had no power to extend the time after the expiry of the time once granted by him. 4. Mr. M.S.M. Nasiru......site Parties. No.1 M. A. Wahab—For the State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passed in G.R. Case No.1046 of 1983 by ......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. ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....milarly in the case of Pratap Vs. Sree Iswar Gopal Jiew reported in AIR 1944 (Cal.) 211, it was held that no Shebayet is at liberty to alienate the property simply because it might be of advantage or financial benefit to the deity. 11. Since it strangely appears that no specific issue was frame......Chatteswari Kali Devi is a family deity of the heirs of late of Pran Krishna Adhikari, that the Committee collusively formed by the defendants is illegal, is valid and void, that the committee has no power to transfer any property of the deity and that he is entitled to get his share of the pala (of..................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. Result: The appeal is allowed. Cases Referred to- Raghumani Roy and another Vs. Bibhuti-Bhusan Roy and others, AIR 1936 (Cal.) 256 ; Pratap V......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......f the goods by port and paper publication whenever any goods are removed and also provides for charging in case of removal of goods for warehousing or open storing , Section 64 of the Act empowers the Port authority even to sell the goods at the expiration of two months from the time when ......agong in Money Suit No. 130 of 1972. The respondent No. 1 as plaintiff instituted Money Suit No.130 of 1972 in the Third Court of Subordinate Judge, Chittagong for satisfaction of his claim amounting to Taka 14,108.22 paisa as market price of the Car and interest by way of compensation at the rate o......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
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. ......will be exhausted if it is exercised once. The jurisdiction which the court granted to the Magistrate by section 252 and 253, Criminal Procedure Code having been exhausted it is for him who invokes a power of revival to establish such power. In the absence of a specific provision the power shall be .............Petitioner Vs. The State...................................................Respondent Judgment March 11, 1984. Result: The Rule is discharged. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another, 14 DLR 96; Md. Mostafa Chowdhury Vs. Li......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)
.... 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. ......he officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents in his possession or power relating to the mortgaged land by such date as maybe fixed in the order." 6. Mr. For............Petitioner Vs. Badsha Mia Sowdagor...............................Opposite Party Judgment March 6, 1984. Result: The Rule is made absolute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs....... 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
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