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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.         ......sented to the new term whereupon paints were supplied against post-dated cheques. 5. According to the language of section 45 which defines cheating, there are two parts. Under the first part the person deceived must have been fraudulently and dishonest­ly induced to deliver any property and..

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.                   ...... Appel­late Division in C.P.S. L.A. No.200 of 1981 (Judgment on 29.5.81) in which the Appellate Division has held that the Matricul­ation Certificate is the most reliable document recording a person's age. The High Court Division also held the same. Mr. Karim also referred to the case of..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....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.     ......Chittagong who recei­ved the same on 16-5-78 and took cognizance of the offence on the same day. After trial Mr. Md. Mahbubur Rahman, Special Tribunal No.III, Chittagong acquitted all the accused persons, namely, Sakya Pada Barua, Fazlul Huq, Nurul Mostafa, Nurul Amin (the accu­sed petitione..

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.           ......el­late forum is concerned it will be, however, wrong to place it in the same category with the Election Tribunal. 8. Section 29 (4) of the Local Government Ordinance, 1984 provides that any person aggrieved by any decision of the Election Tribunal may, within 30 days of the announcement of..

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.           ......sh and reputed businessman. He is proprietor of the firm Mohsin Brothers at 16, Khatungonj, Chittagong. The said firm is a reputed one carrying on Artdari business. At the instance of some interested persons with whom the detenu has got business dis­putes police implicated the detenu in some spe..

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.               ......oss-examination under section 342 Cr.P.C. He has simply pleaded not guilty. The learned trial Judge has stated in his judgment: “When according to defence dao blow was dealt by wife on the person of husband, then it goes by reasonable presumption that husband was likely to follow the wife..

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.     ......f the law itself namely, the provisions of section 420 Penal Code with regard to the sentence prescribed therein. The section reads thus; "Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, altar or destroy the whole or any..

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. ......terms of the law itself namely, the provisions of section 420 Penal Code with regard to the sentence prescribed therein. The section reads thus; "Whoever cheats and thereby dishonestly induces the person deceived todeliver any property to any person, or tomake, altar or destroy the whole or anypa..

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. ......enquiry to those points and report on them only, without undertaking any other work at the request of the parties. Note I merit quotation: "The proceedings should be drawn up under the personal supervision of the presiding Judge and should contain a statement of the Commissioners duti..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

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. ......V. 20" (worth Tk. 18,000/-), one Bicycle (worth Tk. 1,500/), one 50 H.P. Launch worth Tk. 3,00,000/-) and 3 swords (worth Tk.600/-) (in all Tk. 11,87,460/-) that on challenge none of the accused persons could produce any valid document for their possession of these foreign goods and for bringin..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

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.       ......mant returned to his house and met the 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..

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     ......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     ..

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.       ......ed Chowdhury, the learned Advocate appearing on behalf of the plaintiff has made elaborate submissions to press his contentions that under the Ad­miralty jurisdiction of this Court a suit both in personam as well as in rem against a ship or its owner, carrier and agent of the ship or against any..

Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7

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.   ......defendants from using their own marks on their goods inasmuch as that the marks of the defendants are neither identical by descriptability nor similar to the plaintiff’s mark as would mislead a person of ordinary intelligence or an unwary purchaser'. He has submitted that the learned Distr..

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.   ......0 and arranged to get mar­ried to a young unmarried girl with the active help and connivance of all other accused per­sons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for solemnisation on 14.7.80. On 12.7..

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. ...... the prayer for stay of the operation of the order passed by the Election Tribunal. 5. Now the question arises whether the District Judge who entertained the Election Appeal is a Court or a 'persona designata'. The learned District Judge relying upon the decision reported in 29 DLR (SC)..

Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... 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.   ......;tion 190(1)(c) of the Code of Criminal Pro­cedure provides inter-alia that any Magistrate specially empowered in this behalf may take cognizance of any offence upon information received from any person other than a Police Officer or upon his own knowledge or suspi­cion. 23. Therefore, ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

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.         ......alling the Magistrate who recorded it. The Court shall presume (a) that the document is genuine, (b) that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that (c) such confession was duly taken. The Court shall also presu..

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. ...... and Habib Bank Ltd. 21 DLR (SC) 50. wherein it has been held that an appeal can be filed by a stranger who was not a party to the suit if the decree or order appealed from has adversely affected the person. This decision does not help the learned Advocate. The 10 members have all resigned and there..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2

Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)

..... 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.       ......hy;sing him as 'Mama'. Her husband opened the door. Then a tall and fat man with a moustache and wearing pink coloured tetron lungi and white tetron full shirt entered into their hut, 2 other persons fastened her mouth and took her outside the hut and bond her with a tree. Then she heard a s..

Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6