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Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....mmending quashment of the said Criminal Case. 3. The petitioner's case is that he was the Managing director of Dhaka Paints Limited which was the principal agent dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ...... The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. The 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
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
....fic Performance of Contract against the present petitioner on the basis of the forged Bainapatra and also obtained an ex-parte decree by suppressing summons from the petitioner. On her return to Bangladesh she became aware of the forgery and thereupon she made an application in the Civil Court ...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......Banoo Ziwar Sultan Beyed made a complaint to Kotwali Police Station on 5.2.79 stating that the Opposite party was her monthly tenant in the house No.252, Road No.22, Dhanmondi Residential Area, Dhaka and while the petitioner was absent at Iran for about 7 (seven) years the opposite party taking adva...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....udgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Abul Hossain and others Vs. The State, 37 DLR 59; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Colonial Sugar Refining Co. Vs. Irving, 1905 AC 369 D......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. ......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. ......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
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....f Home Affairs & 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 DL......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......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;......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
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....llip;………..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mus...... 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. ......p;……..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mustafa Niaz M...... 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. ..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23, 1985. Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Niaz Muhamm......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. ......ul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23,......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)
....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 property in Bangladesh from which the claim of the plaintiff could be satisfied. On that application this C......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. ...... 2 All ER, 274 (277). Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Mohammad— For the Plaintiff. M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff ......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
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.....98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addition of Bangladesh Railway and its General Manager as defendants in the suit. 2. The plaintiff opposite...... 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. ....... 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 Involved S. C. Da...... 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. ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
.....C. They also drew our attention to the Establishment Division Notification No.ED/FA-52/82-466 dated 8.9.82 investing U/S. 29C of the Code of Criminal Procedure all Additional District Magistrates of Bangladesh with powers to try as Magistrate all offences not punishable with death or with transport......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. ......sp; ......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. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......ision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Habibur Rahman Talukder..............................Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Resul......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... before us Notification No. JAIV/19/83-956 dated 10-11-83 and Notification No.JAIV/19/83-956 dated 10-11-83, both issued by the Ministry of Establishment and Re-organisation of the Government of Bangladesh. The first Notification vests the Munsif-Magistrate Mr. K.M. Zulfiquer Ali, Chilmari, Ran...... 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. ...... 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...... 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
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....nysons Ltd. & another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order......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. ......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......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
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
.... 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) 120; Badruddin Khan Vs. Bangladesh and another, (1984) 34 DLR (AD) 52. Involved: Mostafa Niaz Mohammad with Nirmal......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. ......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......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
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....d order dated 23.3.83 passed by Mr. S.H. Bahar, Assistant Sessions Judge, Jhenidah in Sessions Case No.287 of 1981 (Trial S.C. No.78 of 1982) convicting the accused appellant under section 392 of the Bangladesh Penal Code and sentencing him to suffer R.I. for 7 years and to pay a fine of Tk. 1000/- ......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. ...... former statement of a witness may be proved to corroborate his later testimony as to the same fact. It is based on the principle that if there is consistency between the previous statement and the present testimony of a witness; it may be considered a ground for believing him…&hell......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. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....de of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Line Ltd., 28 DLR 231; Unimarine S.A. Panama Vs. Bangladesh, 31 DLR(AD) 112; Haji Mohammudin & Company Vs. The Eastern Japan Trading Company (192......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......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......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....r No.34 of 1982 before the Court on 22.11.82 for condonation of delay in holding the annual general meetings. The admission of Matter No.34/82 was however advertised in the newspapers and in the Bangladesh Gazette and it was open to the petitioner to oppose this application or to put forward hi...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......tion is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 426; Loch Vs. John Blackwood Ltd., 1924 AcC. 783; In Re: Davis and Colett Ltd., (1935) 1 Ch. 693; Ladli Prasad Jaiswal Vs. The Karnal Distillery Co. Ltd., 17 DLR (...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....dgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporation. Vs. Mahabub Hossain, 29 DLR (SC) 39; 35 DLR 244; 13 DLR at ...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......n (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: ...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....d between two students on one side and Serang and his clerk alongwith the Ansars who were on duty on the other side. After lodging the F.I.R. a case was started under sections 342/324/365/367/323/326 Bangladesh Penal Code being Daulatpur P.S. Case No.35 dated 27.9.83 corresponding to G.R. Case No.10......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ...... State. Criminal Revision No. 7 of 1948. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite parties to show cause as to why the order dated 27.12.83 and 25.1.83 passed in G.R. Case No.1046 of 1983 by the Sessions Judge Khulna should not be set aside......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....wdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Haque Brothers (Carbide) Ltd. ...............Petitioner (In both the cases) Vs. Bangladesh Shilpa Rin Sangstha & others. .........Respondents (In both the cases) Judgment...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ettlement. The entire object of the writer is that the writer expresses in writing that the suit may be settled on the proposed terms. If they are acceptable, the parties will be bound by these terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in fu...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....16.7.77 appear anywhere. The only date that is written at the bottom of the first page of the two page agreement Ext. 2 is 25th July, 1977). The plaintiff who is the Deputy Chief Mechanical Engineer, Bangladesh Railway Chittagong took House Building loan from the Railway Deptt. for payment of the ba......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......rt Division (Civil Revisional Jurisdiction) Present: Md. H Rahman J S. Mohammad Ali J Chatteswari Debi Bigraha................................Appellant Vs. Shirih Chandra Das & others..........................Respondent Judgment April 1, 1984. R......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
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