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Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgme......rom. The defendant No.4 sent the petition to the Sub-Divisional Officer, Sadar (North) for enquiry and after enquiry the relevant Magistrate directed the plaintiff to vacate the suit land and to hand over possession of the same to the defendant. The threat of the Magistrate and the claim of defendan......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
.... Bird Vs. Jones, (1845) 7 Q.C. 742; P. Narasayya Pantula Vs. Capt. R.A.G. Stuart, (1865) 2 M.H.C.R. 396; Muthu Nadar, 1945 (Mad.) 313; Kunhi Bava vs. Emperor, 1929 (Mad.) 226; 1942 (Mad.) 723; Mallukhand Sheikh and another Vs. The King, AIR 1949 (Cal.) 104. Lawyers Involved: M. Fazlul K......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ......der of conviction and sentence passed by the Additional Divisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....R 1966 (SC) 1404; Ram Bali Rajbhar Vs. The State of West Bengal AIR 1975 (SC) 623; Masood Alam Vs. Union of India AIR 1973 (SC) 897; Saraswathi Seshagiri Vs. State of Kerala (1982) 2 SC 310; Basanta Chandra Ghose Vs. Emperor 1945 AIR F.C. 18. = 46 Cr. L.J 559; Tamizuddin Ahmed Vs. The Province ...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mrs. Sajeda Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. ......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....i Branch of Sonali Bank. Defendant No.1 Nurul Hoque and defendant No.2 Md. Shamsul Haque were the joint costodians of the cash of the strong room of the said Rajbari Branch of the Sonali Bank. Gopal Chandra Sarker, Asstt. Cashier of the Bank of Rajbari Branch defalcated Tk. 87,508/- on 4.8.78 from t......ul Huq was transferred to the Regional Office, Faridpur and Aminul Islam was posted as Chief Cashier of the plaintiff bank. Mr. Aminul Islam pressed hard asking the defendant No.1 Nurul Hoque to hand over the charge of the cash and strong room but the defendant No.1 was reluctant to hand over the ch......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. ..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....
September 16, 1986.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; A...... and decree.
6. The principal question in this Rule is whether an Assistant Custodian Enemy Property (Lands and Buildings) can maintain a suit in 1974 in respect of the properties vested in the Government of Bangladesh under President's Order No.29 of 1972 as amended by P.O. No.134 of ......es and assets of the firm, which were treated as enemy properties, shall vest in the Additional Custodian of Enemy Properly in East Pakistan which, in pursuance of the laid notification took over the management of the firm. This being the state of affairs the properties and asset of the firm were de..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....e Towhid Fishermen's Co-operative Society Ltd. (respondent No.3) had deposited rent for the year 1392 B.S. on 26.05.1985 and lease deed had been executed in their favour on 26.5 86 and possession handed over to respondent No.3 on 29.05.1985. 5. Respondent No.3, namely Towhid Fishermen&......settlement from 01.04.1982 and the Minister of State of the Ministry of Fishery and Livestock passed an order on 15.08.1985 for settlement of the said fishery with the petitioner at 51% enhanced rate over the present rate. Pursuant to the said order the District Fishery Development Officer, Sylhet i......ive control of the Ministry of Land Administration and Land Reforms by the Government. It is seen from paragraph 4 of the petition that the petitioner stated clearly in that paragaph that in 1982 the management was retransferred under the control of the ministry of Land Administration and Land ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
.... other lands originally belonged to one Rahimuddin and Rupson Bibi in moiety share. Rupson died leaving her 2 daughter, Sahera Khatun and Tulson Bibi. Sahela died leaving husband Gahar Ali, daughter Chand Banu and sister Fulson. Chand Banu died unmarried leaving father Gaher Ali who subsequently mar...... of the learned Munsif, Barguna made in Title Suite No.7 of 1974. 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the order made in vested P......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....nt having taken the second wife without the permission of the Arbitration Council the offence under section 6(5)(b) of the Muslim Family Law Ordinance, 1961 was committed by him. 8. On the other hand, Mr. Syiedur Rahman Mian appearing for the State supported the order of acquittal passed b...... not commit any offence and acquitted him of the charge. 6. The complainant then preferred the present appeal. In this appeal the only point raised was that the learned Additional Sessions Judge overlooked the provision of law inasmuch as after the promulgation of P.O. 7 of 1972 dissolving......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. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....st-dated cheques had been issued. In view of such position we cannot see how the petitioner by deceiving the opposite party fraudulently and dishonestly induced him to deliver the goods, on the other hand, it was at the instance of the opposite party that the new system of delivery of goods against ......81 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the petitioner's banker and further 36 cheques covering Tk. 10,95,079/31 have been stopped payment by the petitioner. In that Criminal case it was s......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
.... Tribunal found a number of overwritings especially in the dates and therefore rejected the affidavit Ext. B as concocted for the purpose of the case. The appellate Court, on the other hand, took the following view: "It is our common knowledge that in our country when a......on and even if votes of that nature were cast it could not be determined for whom those were cast. There was no false voting, the election was peaceful and as a popular man of his locality the people overwhelmingly voted in his favour. The petitioner examined 5 p.ws. including himself and the o......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
.... instituted on 2.3.82 and the I.O. remained sitting idle over the (muter) till today. The time of investigation already ended much earlier as per amendments of section 167 of the Cr.P.C. On the other hand, the I.O. never submitted prayer for extension of time. Hence the case is dismissed under secti......ed from the learned Sub-Divisional Magistrate, Patiya without any report from I.O. Perused the papers on record. It appears that the case (was) instituted on 2.3.82 and the I.O. remained sitting idle over the (muter) till today. The time of investigation already ended much earlier as per amendments ......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. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....dmittedly nothing could be seen there. It is also unlikely that the miscreants while remaining outside the house would be focusing torches towards themselves while approaching the house. On the other hand, their focusing of torches might have been necessary only after entering the house and in that ...... inmates when many people from the neighbourhood gathered there and the informant told them about the recognition of the two appellants. 3. The accused persons had enmity with the informant over some litigation and out of that enmity they killed Sattar and also would have killed him had he......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......hat if the aforesaid sister ship m. v. CHERRY ORIENT is not arrested or attached and it leaves the port of Chittagong the plaintiff would have nothing within the jurisdiction of this Court to recover the loss suffered by him. Except the ship m. v. CHERRY ORIENT, the defendant No.1 has no other ......e said arrest of m.v. CHERRY ORIENT, though it has not carried the consignment of the plaintiff but it being a property over which the defendant No.1 is interested and exercised full control and management and it possessed the ship, its arrest has been made legally in exercise of the admir..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....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 receipt of a further sum of Tk. 4,00,...... 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 receipt of a further sum of Tk. 4,00,000/-...... 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
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....g of such facts which constitute the offence; (b) upon report in writing of such facts made by any police officer. The Munsif-Magistrate replied that there was no harm in learning the procedure beforehand, as the power would be coming in due course. He received the power subsequently on 29-1-84. On ....... 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...... 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)
....uit. The learned District Judge also found that O.C. Suit No.77 of 1984 was filed by one Aynul Hoq Sohel and O.C. Suit No.29 of 1981 was filed by one Abdul Khaleque and that the plaintiff had no hand in filing those suits. He found that there was nothing on record to show that the plaintiff wil......1961 on 9.4.84 to show cause as to why the Executive Committee of the said Chamber of Commerce and Industry of Bogra should not be suspended and the function of the Committee should not be taken over Thereafter the defendant No.1 petitioner passed the impugned order on 6.5.84 and superceded the......hold the election within 120 days from the date of expiry of Martial Law Order No.43 of 1982, as per Martial Law Order No.58 of 1983 and (2) 10 members of the Executive Committee resigned owing to mismanagement of the affairs of the Chamber. 10. The learned District Judge found that the electio..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....Signed) A.B., Magistrate." No such memorandum has been made by P.W.5 after recording the confession. The usual form in which confessions are recorded has also not been used by P.W.5. A hand-written statement on a plain piece of paper has been signed at the bottom by P.W.5 and that is ......did not examine any witness but from the trend of cross-examination of P.Ws. the defence case appears to be that the appellants are innocent and that they have been implicated falsely by an over enthusiastic Investigating Officer who was a colleague of the deceased Mukul who was ....... 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
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....as going to the house of a barber when he heard hue and cry and ran to the place of occurrence and found Shantu lying on the road with injuries on the abdomen, left thigh and on the wrist of the left hand and that he found the witnesses Islam Hossain, Razzaque and Yakub already there. He said that w......;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 ......;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
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. ......ompany 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 those who were t......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
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... was executed on 16.1.68 on a contract for sale of the land in question for consideration of Tk 2,500/- out of which Tk. 1,500/- was paid in cash on the date of execution of the bainanama through the hand of his brother Nazir Ahmed, who is D.W. 5 and the possession of the land was delivered on the s...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ...... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
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