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Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....D) (1987) 242. ......cretion of the Court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a Court of appeal. 10. The following are cases in which the Court may properly exercise discretion not to decree specific performance:— Illustrations (i..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....onal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. ......4/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court may see fit and proper. 2. Respondent No.2 Dr. Mriganka Ranjan Barua as informant lodged F.I.R. at P.S. Mirsara..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....irs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DLR (SC) 249;......hmed now being detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenue Jamaluddin Ahmed alias Jamal Ahmed is the husband of petitioner Sultana ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....—For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Tr......able future and consequently to meet the exigencies of the situation licence to practice as a legal practitioner should be liberally given to the locally available wiling educated persons giving them proper and adequate training in law for, say, nine months or a year. Hard fact is that our young Mag..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....Rahman J Md. Yeakub Kazi…………………………………………….Petitioner Vs. Kaloo KhandaKer……………………………&hell......ounds; firstly, the sentence of fine only under section 420 Penal Code was an illegal sentence inasmuch as a substantive sentence of imprisonment was essential under the law and accordingly legal and proper sentence should be awarded to the accused for the offence under section 420 Penal Code a..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. Result: T......ounds; firstly, the sentence of fine only under section 420 Penal Code was an illegal sentence inasmuch as a substantive sentence of imprisonment was essential under the law and accordingly legal and proper sentence should be awarded to the accused for the offence under section 420 Penal Code and ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....ul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23,...... paddy (worth Taka 3,000/-) out of the possession of the complainant petitioner Syedul Haque Sowdagar should not be set aside or pass such other order or orders as to this Court may seem fit and proper. 2. The complainant petitioner lodged an F.I.R. on 6.12.81 at P.S. Hathazari alleging th..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....ted in: 38 DLR (HCD) (1986) 135. ......riate to state in this connection that the court before deciding the suit should enter into evidence as to misleading and deception if adduced by the parties so as to come to a definite finding for a proper decision in the suit. 12. In the result these two appeals are allowed. The judgments and..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... 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 Rahman— For the State. Azizul Hoque and S.M. Amin Azhar— For the Pe......uble of the contemner sterns from an inflated notion of his power. He thinks that he is the monarch of all he surveys and every functionary in the Upzilla must dance to his tune. He has forgotten his proper place. 32. As for the Rule in Criminal Misc. Case No.41 of 1984, we do not think that th..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....rate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 Cr.P.C.) and the said confession duly taken is tendered in the Sessions Court, it prove......s and Judges except in special circumstances such as those provided for by section 533 Cr.P.C. If not examined in special circumstances provided for by section 533 Cr.P.C., the examination is "improper and undesirable", the Privy Council say……(15) Whether Statement of Co..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.....Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Waz......reafter they had no interest in the Executive Committee as such and I also find that in their place now members have been co-opted. Thus I find that those 10 members are not necessary & proper parties in this Rule. Hence this application under order 1 Rule 10 of Civil Procedure Code is..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
.... Judgment Aug 29, 1984. Result: The appeal allowed in part Lawyers Involved: Abdul Momin Talukder—For the appellants. Sultan Ahmed, D. A.G. with Malik Syed Ahmed and Md. Mokhtar Hossain—For the State. Criminal Appeal No. 44 of 1983 Judgment ......d accordingly they were convicted and sentenced. 4. Mr. Abdul Momin Talukder, the learned Advocate for the appellants submitted that in view of the inordinate delay in lodging the F.I.R. without proper explanation, non-production of any eye witness or local witnesses, discrepant evidence of the..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....amp; another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order No. 16 of 19...... 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 Directors of Gannysons Limited have always been in Bangladesh, and even tho..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....ed. 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 under Order XIIX rule 17 of the Code of Civil Pro......r. 18/17 are very wide. Thus, if the Court while considering the judgment finds that there is any ambiguity on the face of the record or an omission which wants clearing up, the Court can in a proper case, recall a witness, who had given evidence, for that purpose. But the power under the ru..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....ood, 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 seriously injured died and the F.I.R. was ...... and made by the Assistant Surgeon of Sylhet Jail, counter-signed by the Civil Surgeon, Sylhet, that the opposite party Abdus Samad was suspected to be a patient of leprosy and was advised to receive proper medical treatment from outside the jail. The petitioner submitted an affidavit disputing..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....s also Reported in: 37 DLR (HCD) (1985) 49. ......hellip;............(10) Consequential relief relating to the possession does not arise It is a settled principle of law that if any plaintiff seeks any declaration of any right to property and he has no possession therein he is bound to seek consequential relief by way of recover..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....rahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24, 1984. Result: The Appeal is allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 1...... Niaz Muhamud, the learned Advocate for the appellant has taken me through the judgments of the Courts below. The learned Advocate submits that the judgment of the lower appellate Court is not a proper judgment of reversal in as much as he has reversed the finding of the learned Munsif without ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....ed & others. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: S C. Das—For the petition......#39;s Bazar for specific performance of Contract of sale, delivery of possession after execution and registration sale deed, confirmation of possession and permanent injunction in respect of the suit property described in the schedule of the plaint of the suit and in the alternative the plaintiffs a..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....uya Vs. Jabbar Huq (1959), 11 DLR 355; Habibulla Vs. Movi. Salek (1968), 20 DLR 489. Lawyers Involved: Md. Anser Ali with Abdul Majid-For the petitioners. B.N. Chowdhury with P.K. Base and Mansur Habib-For the Opposite Parties. Civil Revision Case No. 1750 of 1981. Judgment ...... and that the witnesses for the plaintiff and the defendants consistently proved that both the plaintiff and the defendants' vendor Jogobandhu used to live in the dwelling house and that the suit properties being undivided joint properties of both the plaintiffs and Jogobandhu the vendor of the ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....hether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipp......No. 1 submitted that defendant No. 1 had advanced U.S. dollar 4, 81, 287.72 on account of various ships handled by the plaintiff as their agent from time to time and that the plaintiff did not render proper account of such amount. On this ground defendant No.1 was compelled to terminate the agency. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
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