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The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....er, Upazilla Nirbahi Officer (U.N.O), Chilmari, District Kurigram was asked to show cause on 19.3.84 why he shall not be convicted for contempt of Court for interfering with the administration of the justice by putting various pressures on Mr. A.K.M. Zulfiquer Ali, Munsif-Magistrate, Chilmari Upazil......d go there. 14. The Munsif-Magistrate also challenged Annexures 'B'-'G' and Annexure 'K' to the first affidavit as concocted, fabricated, manufactured and ante-dated documents created for the purpose of the Contempt Rule with the help of the sycophants and henchmen ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....emned cell for nearly 1½ years. That is enough punishment for the condemned prisoner and she need not be visited with actual capital punishment after this long suffering. The ends of justice will be met if the sentence of death is reduced to transportation for life. In the resu...... and documentary in support of this defence. The prosecution, however, has to establish beyond reasonable doubt that the accused committed the offence with a guilty mind. Where the oral and documentary evidence led by the accused creates a reasonable doubt in the mind of the Court as ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....gainst the other accused appellants being one of no evidence the order of conviction and sentence passed against them cannot be sustained. As for sentence, we are of the opinion that the ends of justice will be served if the 3 accused-appellants Emran Ali, Alkes and Firoz are sentenced to suffe......onfession duly taken is tendered in the Sessions Court, it proves itself under section 80 of the Evidence Act without calling 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, purpo..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
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. ......ent examination of the Magistrate who recorded the confession. Such procedure will only enlarge the range of magisterial confessions. 16. The confession Ext.4 being an inadmissible piece of document the order of Conviction and sentence passed against the appellant Zaheda Begum cannot be su..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
.... view of special circumstances in this case, and by virtue of the power conferred upon the Appellate Division of the Supreme Court by the Constitution of Bangladesh, vide Article 104 to do complete justice in a case, it is declared that Gannysons Limited is not an abandoned property. It should, ......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
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....stions to him as the court thinks fit." This is an enabling power and very wide power had been conferred for adjudication of the dispute and this power is only available for giving justice inasmuch as the enabling power conferred upon the court to put such question "to him as th...... 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...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......stration under section 73 of the Registration Act in Registration appeal No.35 of 1975, who after examination of the witnesses allowed the appeal on contest and directed registration of the document 4. On behalf of both the sides witnesses were examined and certain papers were made ex..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....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. ......ent of reconveyance. The learned Munsif has observed that P.Ws.3 and 4 were the most competent witnesses in the case. The learned Munsif for being satisfied about the genuineness of the disputed document Ext. 4 also relied on the opinion of the handwriting expert (P.W.1) who had opined that the..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....rain from entering into a discussion of the evidence on record at this stage as the trial of the accused appellant in his absence having been held illegal, we consider it necessary in the interest of justice to send the case back for retrial of the accused appellant after giving him an opportunity t......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ntification proceeding………(11) Identification parade belongs to investigation stage. Identification of the accused soon after arrest is of vital importance in the interest of justice and fairplay both to the accused and the prosecution……….. (12) Acc......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
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 ......m the admitted owners in 1978 and he has mutated his name and the alleged bainanama of the plaintiff although has shown as earlier in point of time is not yet perfected by executing and registering a document. But the petitioner has chosen to be added as a party for enabling the Court effectually an..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....ourts below can not be sustained and are liable to be set aside. 15. Since however all the other points of fact and law have been decided in favour of the plaintiff opposite party so for ends of justice the suit should be remanded to the trial Court with a direction that he shall appoint a suit......at no partition suit having been brought by the defendants the claim under, section 4 of the Partition Act not lie. 5. Oral evidence were produced on the side of plaintiff and oral and documentary evidence on the side of the defendants. The learned Munsif upon consideration of th..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....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. ......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)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ...... petitioner and another Director Bashir Ahmed were removed from the office of Director by an extra-ordinary general meeting of the company held on 31.12.78. The respondent-company has filed a list of documents and has annexed a Photostat copy of the minutes of the said meeting signed by the members ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....he school alleging that the plaintiff have been removed from his service. All these meetings were illegal, ultra vires of the committee and it had militated against the principle of natural justice. It was also alleged that the meeting was neither legally convened, not properly notified no......shy;ship between a Master and a servant specially when the Head Master having a public representative character doing a skilled job. This finding having not been based upon any construction of a document or letter of appointment the said finding as to the relationship based on the evidence on r..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......He has further argued that the learned Court below was also wrong in holding that in matters like this when the allegation was a mistaken entry and description of the property written in a registered document can only be rectified under Section 31 of the Specific Relief Act when in fact it..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... 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. ......und by these terms and the dispute comes to an end. If the proposed terms become infructuous, they cannot be used in future against the writer in deciding the issues between the parties. If the document is formally proved, the Court can ultimately examine such letter. But if the entire letter ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....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 ......ation or development of the temple or property of the deity. If the plaintiff produces any agreement executed by defendant 1(a) Chandra Sekhar and defendant 1(b) Shyamapada, it should be treated as a document created collusively and fraudulently under undue influence. At the time of trial the f..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....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 ......0 purported to be executed by the plaintiff in favour of defendant Nos. 1 and 2 admittedly belonged to the plaintiff. The plaintiff instituted the suit alleging that the defendant Nos.1 and 2 got the documents executed from her by practising fraud. She claimed that in spite of the documents she was ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ......d 4 this witness stated that Jetty Superintendent of the relevant time was still in service and the staff of the F: Shed were available then. Delivery order was being issued on production of shipping documents including the original Bill of Lading. From 2nd March, 1971 they started non-co-operation ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
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