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Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....e appeal. He argued very strenuously that the plaint was a private document and this lower Appellate Court committed an illegality in basing his decision on the certified copy of the plaint which was inadmissible in evidence. In support of his contention the learned Advocate for the opposite pe......s also Reported in: 39 DLR (HCD)(1987) 228. ......ued very strenuously that the plaint was a private document and this lower Appellate Court committed an illegality in basing his decision on the certified copy of the plaint which was inadmissible in evidence. In support of his contention the learned Advocate for the opposite petitioner referre..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....as been observed by the Privy Council that provisions of a statute dealing merely with matters of procedure may have retrospective effect attributed to them unless that construction be textually inadmissible. In the present case the law makers by providing special provision for pending cas......—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......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. ..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. ...... for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......d for some time lived with both the wives together. He thus committed no offence. Five witnesses were produced for the prosecution and two for the defence. 4. After considering all the evidence the learned Magistrate found that the accused having married Most. Rahima Khatun during the..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......;I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......formation Report or the complaint even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged. In such cases no question of appreciating evidence arises, it is a matter merely of looking at the complaint or the First Information Rep..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem (Bulbul)..............................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February 12, 1986. Resul...... of the Tribunal. As a corollary Mr. Karim further submits that the rejection of 293 ballot papers containing double seals were also based on the Tribunal's own perception of the documentary evidence on record and should not have been dismissed by the Court below. On the first point th..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....gar Refining Co. Vs. Irving, 1905 A.C. 369 wherein it has been laid down that provisions of a statute dealing merely with matters of procedure may properly, unless that construction be textually inadmissible or unless there is some reason or other why they should not be so, have retrospective e......dul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......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
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......d. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......tiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance. 11. The evidence, on analysis does not show that the appellant has made out a case within the ambit of item-..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
.... Refining Co. Vs. Irving, 1905 A.C. 369 where it is in effect laid down that while provisions of a statute dealing merely with matters of procedure may properly, unless that cons ruction is textually inadmissible, have retrospective effect attributed to them...... Maxwell in his Book on In......bdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ...... ......lection of Chairman of No. 5 Suvapur Union Parishad held on 27.12.83 is void and for an order that fresh polls be held with regard to Kadghar Primary School Centre. The Election Tribunal after taking evidence in the matter set aside the election of that centre and ordered for fresh polis, by its jud..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
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. ....... This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ...... 38 DLR (HCD) (1986) 111. ...... Monir Ahmed. The statement of acquitted accused Md. Hossain under section 164 Cr.P.C was recorded by Mr. Md. Atiqul Islam Chowdhury, Thana Nirbahi Officer but the statement was not made part of evidence by the prosecution at the time of trial probably because it was self exculpatory. Afte..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
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. ...... Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......upport of the prosecution case and the receipt said to have been granted by the accused for the money taken from the informant was proved as Ext. 1. 3. The Magistrate upon a consideration of the evidence on record found that accused induced the informant Yeakub Kazi to part with Tk. 35,000/- on..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. ......ut of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ...... support of the prosecution case and the receipt said to have been granted by the accused for the money taken from the informant was proved as Ext. 1. 3. The Magistrate upon a consideration of the evidence on record found that accused induced the informant Yeakub Kazi to part with Tk. 35,000/- on..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......s Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ...... the Commissioner afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report sho..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....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. .......M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ......sses. Besides the official witnesses only 5 (five) local witnesses including the informant were examined. 6. The learned Additional Sessions Judge by placing absolute reliance on their evidence came to the finding that all the miscreants including the two present accuseds in furt..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......er a particular proceeding pending in a Court below ought to be quashed. Both the learned Judges agreed that the High Court has power to quash a criminal proceeding in its early stage before any evidence has been recorded. But the learned Judges differed as to whether the proceeding in question..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......charged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ..Category: Criminal Law | Date: 23 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. ......so Reported in: 38 DLR (HCD) (1986) 30. ......nged to the defendant No.1 or the same owner or that the defendant No.1 exercises full control and management over m.v. CHERRY ORIENT, these need not be answered at this stage without going into full evidence which may he led by the parties to substantiate their respective case in this regard. Moreo..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
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. .......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. Lawyers Inv...... rejected the prayer of the plaintiff for amendment of the plaint introducing a new story of his claim, but by the said order the Court permitted the plaintiff to introduce the said story in his evidence. Accordingly on 12.9.83 in the deposition on recall the plaintiff introduced in his deposit..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......rrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......njunction to restrain the defendants from using their marks till the disposal of the suit. It is appropriate 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 findin..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
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