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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 ......y some men invaded the house. This was inconsistent. Again, in the F.I.R. he did not say at all that any of the inmates of the house including his wife had recognised any of the appellants. It may be noted that this F.I.R. was recorded inside his house about 12 hrs. after the alleged occurrence. So ..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....lip;.(7-13) Case Referred to- Nripendra Bhusan Roy Vs. Girindra Bandhu Majumder, AIR 1924 Cal 1018; Ramanathas Chettiar Vs. Sivasama Subramania Aiyar, AIR 1925 Mad 39; In re: Krishnarao Ramchandra AIR 1933 Born 409. Lawyers Involved: A.P.M. Shahid, Advocat-For the petitioner. ...... quash and set aside the proceeding of the subordinate Court under section 439 Cr.P.C., This is, a decision of a single Bench of the Madras High Court, With respect, this decision does not take; note of the provisions of section 561A Cr.P.C- Even this decision does not hold explicitly that the ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 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. ......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. ..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,...... 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 ......olding 2nd class power. As such he is subordinate to him and he should leave the station after intimating the contemner. 30. In the memo he has not only asked the Deputy Commissioner, Rangpur to note the absence of the Munsif-Magistrate without intimation to the U.N.O. but has also asked the De..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...... 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
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 ....... 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 ..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
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....... 17 of the Code was noticed by the High Court Division and learned Judges took the view that interference under section 115 C.P.C. is not warranted in the background, and the circumstances though a note of caution was passed "that the ultimate responsibility of the Court to confine the parties t..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
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...... impugned bainanama was marked as Ext. C dated 15.1.63 and the kabala was marked as Ext. Al. dated 8.3.65 before the trial court. The scribe one Manindra Lal Nath who was the scribe of both the above noted Exhibits deposed before the District Registrar, died before the bearing of the suit and his de..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....is also Reported in: 37 DLR (HCD) (1985) 49. ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....cated. 3. The plaintiff examined himself as P.W.2, the scribe of the agreement as P.W.4 and one of two attesting witnesses of the document as P.W.3. He also obtained the opinion of the handwriting expert who was examined as P.W.1. According to the plaintiff's story the deed o......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....r settlement from Shyamapada and Kalipada and to avoid the dispute the plaintiffs again purchased the same lands from Belal Hossain by two kabalas dated 1.1.68. Lands of Schedule Gha belonged to handlord Prangobinda Chowdhury and others. As the said land accreted after the river receded towards......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
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....le as a hurricane lamp was burning in the room of the informant at the time of commission of the crime and the doctor could recognise the accused the hen latten snatched away the wrist watch from his hand and his wife recognised the accused while the latter was roaming about with the dagger. This Of......first point that Mr. Md. Abdur Rahim, the learned Advocate for the defence has agitated is the delay in lodging the F.I.R. The F. I. R. was lodged after a delay of about 36 hours but it is also to be noted that the delay has been sufficiently explained in the F.I.R. itself wherein it has been catego..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....All by referring to section 4 of the Partition Act submitted that the plaintiff could not be regarded as a member of the undivided family of her father after her marriage. On the other hand Mr. B.N. Chowdhury, the learned Advocate for the plaintiff opposite party contended that in ord....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ade certain, are void. None of the illustrations (a) to (f) to that section suggests that if the time for performance of contract is not fixed the contract would be void for uncertainty. On the other hand section 46 of the Contract Act provides that where, by the contract, a promisor is to......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 ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....illment of the requirement of order 5 rule 19 was a mere irregularity and that in spite of such an irregularity the summons could be deemed to have been legally served. 6. On the other hand Mr. P.K. Bose, the learned Advocate for the respondents supported the finding of the learned Ad......istrict Judge is set aside and those passed by the learned Munsif are restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 260; 4 BLD (1984) (HCD) 192. ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
.... Wazir Ali Khan, 39 I.A. 156; Jacoor Deen Jewari Vs. Nawab Syed Ali Hossain Khan 19A. 192; Kali Baksh Singh Vs. Ramgopal Singh 412A 23; Runulla Vs. Hassan Ali Begunia, A.I.R. 1928 P.C. 303; Hemchandra Roy Chowdhury Vs. Suradhari Debya Chowdhurani, A.I.R. 1940 PC 134; Khurbuja Khir Vs. Ja......for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....they have not filed any document to show that they made any missing report earlier than Ext. A. The endorsement of Ext. A were not signed by any officer. Ext. A, with endorsement were over written by hand but they were not initialed. He cannot say who and where Ext. A and B were prepared. He filed E......notice and that the suit is barred by limitation. No further argues that is view of section 50D Sub-section 2, the claim of the plaintiff is not maintainable, that the trial Court failed to note that the delivery of the car was not taken within 5 days of the landing of the consignment and ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....n bringing appropriate suit for establishing his right and for recovery of possession…............(8) Cases Referred To- Sadek Ali Vs. Suruj Ali & others, 5 DLR 95;7 DLR page 96;Chand Muhammad Mondal Vs. Fayezuddin Ahamed & others, 10 DLR 193. Lawyers Involved: P. ......39; predecessor whereby the defendants' predecessor's right having been lost the defendants could not inherit the suit land to be co sharer with plaintiffs in the suit land. 7. It may be noted that the deed of exchange is dated 1928. It is also to be noted that both the courts concurren..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
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