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Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ted with punishment of imprisonment of either description for a term which may extend to 7 (seven) years and there would be a further liability of the accused to pay fine. The substantive sentence is mandatory while the sentence of fine is discretionary. In a proper case the Court can pass both the ......ssue neither side has been able to lay before us any decision from our own jurisdiction or from the erstwhile Dhaka High Court. Let us, therefore, examine the terms of the law itself namely, the provisions of section 420 Penal Code with regard to the sentence prescribed therein. The section rea..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ited with punishment of imprisonment of either description for a term which may extend to 7 (seven)years and there would be a further liability of the accused to pay fine. The substantive sentence is mandatory while the sentence of fine is discretionary. In a proper case the Court can pass both the ......t issue neither side has been able to lay before us any decision from our own jurisdiction or from the erstwhile Dhaka High Court. Let us, therefore, examine the terms of the law itself namely, the provisions of section 420 Penal Code with regard to the sentence prescribed therein. The section rea..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......e accused persons could produce any valid document for their possession of these foreign goods and for bringing them into Bangladesh and that the smuggled goods have been seized under the appropriate provisions of the Customs Act, 1969 read with Import Control Act, 1950 and Martial Law Regulation No..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
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 ......et 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 power to qua..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. ......r of acquittal of the accused opposite parties exercising the power under section 561A of the Code of Criminal Procedure. Section 13(1) of the Village Courts Ordinance, 1976 clearly provides that the provisions of the Code of Criminal Procedure shall not apply to the proceedings before any Village C..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
....cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......ws:— “29(2). Where any special law prescribes for any suit, appeal or application a period of limitation different from the period prescribed thereof by first schedule, the provisions of section 3 shall apply, as if such period were prescribed thereof in that schedule and ..Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......sub-section (4) of section 96 which provides for a co-sharer-transferee joining in an application for pre-emption already filed. But this subsection, must be read and considered along with other provisions of section 96 particularly, sub-sections (2) and (5) Sub-section (2) Provides that i..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
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. ......shy;isions of section 2(2) of the Colonial Courts of Admiralty Act, 1890. The jurisdiction under section 6 of Admiralty Court Act, 1861 of this High Court Division is being exercised by virtue of the provisions of Colonial Court of Admiralty Act, 1890 and Colonial Court of Admiralty (India) Act, 189..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. ......of the order passed by the Court to allow the plaintiff to introduce the new story of the claim of the plaintiff in his deposition as permitted by the Court by its order dated 11.9.83. Under the provisions of section 115 C.P.C. the High Court Division can rectify the error of law in a matter wh..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....3. Judgment Sultan Hossain Khan J.- These two appeals have arisen out of two judgments and orders dated 13.6.1983 passed by the learned District Judge, Dhaka in two suits for permanent and mandatory injunction regarding infringements of trade marks. These two appeals have been heard ......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. ..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
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. ......the Indian Supreme Court a reference was made to the decision in the case of East End Dwellings Co. Ltd. Vs. Finsbury Borough Council, (1952) A.C. 109 (B), wherein Lord Asquith while dealing with the provisions of the Town and Country Planning Act, 1947, made reference to the same principle and..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......re which a confession or other statement of an accused person recorded or purported to be recorded under section 164 or section 364 is tendered or has been received in evidence, finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording t..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
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. ...... must either be explicitly expressed or clearly implied. It is also well-settled that even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the Statutory Tribunal has not acted in c..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....hy;tion upto 29.7.83 by his order dated 28.6.83, that after the expiry of the extended period upto 29.7.83 when the investigation was not concluded and the charge sheet was not submitted, it was mandatory for the Magistrate to make an order stopping further investigation into the offence a......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)
..... 12. It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) Cr.P. C. is not a mere matter of form, but one of substance. Section 164(3) is a mandatory provision of law as has been settled by the Privy Council in the case of Nazir Ahmed Vs. K...... case of Nurul Haque and others Vs. State 20 DLR (Dhaka) 780, a Division Bench of the Dhaka High Court held, taking into consideration some other decided cases on the subject, that when the mandatory provisions of section 164(3) Cr.P.C, are not complied with, a confession is inadmissible in evi..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. ......gladesh Abandoned Property (Management, Control 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 t..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
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. ......e learned Advocate, however, could not cite any authority in support of his submission, Section 526B of the Code, in our opinion, is an independent provision and it is not controlled by the provisions of Section 528 of the Code. Provision of Section 526B (3) has made the provisions of Sub-..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....d Chowdhury, the learned Advocate for the appellant has argued that the trial in absentia in the present case has been illegal and unwarranted in as much as the courts below failed to comply with the mandatory provisions of Section 87 and 88 read with Section 339(B) of ......used to appear before the trial court on any particular date including 23-1-S3 and subsequent dates nor directed the sureties to produce the accused on any such date, there was no compliance with the provisions of sub-section 2 of section 339B of the Code of Criminal Procedure and also sin..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ...... P.W.6 and 7 to the I.O. are not long after the occurrence and these corroborate their subsequent statements on the point of identification of the accused before the Court in accordance with the provisions of section 157 of the Evidence Act. Their testimony on this point is corroborated by the ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......ama is earlier in point of time but the petitioner is not aware of the bainanama in that event he can claim to be bonafide purchaser for value without notice. Lastly, Mr. S.C. Das has relied upon the provisions of section 27B of the Specific Relief Act. 8. It is true that in a suit fo..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
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