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Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
....: 38 DLR (HCD) (1986) 134. ...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......;med Habibur Rahman J Md. Abdul Jalil J Md. Musa & others…………………………..................Appellant Vs. Tazul Islam & others…………………………&h......pect of the suit properties contending, inter alia, that some of the defendants cut earth from plot No.1355 comprising a pond in spite of the order of temporary injunction passed against them earlier and the plaintiffs-appellants already filed an application for taking action against them for v..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
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. ......rcumstances and that appropriate action should be taken in this matter. O.C., Anwara P.S. on receipt of said information started U.D. Case No.2 dated 6.9.83 at Anwara P.S. P.W.1 Sub-Inspector Rafiqul Islam was asked to investigate into the case. P.W.1 Sub-Inspector Rafiqul Islam came to Belchura vil......—For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Tr..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....8 DLR (HCD) (1986) 22. ...... 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. ......ue, that the launch was forced to stop at Kaligonj Bridge, that some of the smugglers ran away through the paddy fields, that the Customs Officials arrested accused petitioners Rashid Ahmed, Quamrul, Islam, Abdur Razzak, Mohammad Yakub and Mohammad Hossain that in presence of the witnesses named in ......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..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
.... 1018; Ramanathas Chettiar Vs. Sivasama Subramania Aiyar, AIR 1925 Mad 39; In re: Krishnarao Ramchandra AIR 1933 Born 409. Lawyers Involved: A.P.M. Shahid, Advocat-For the petitioner. Md. Ruhul Amin, Advocate-For the opposite parties. Criminal Revision No. 196 of 1983 Judg......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 ......e of the prosecution case permissible in a proceeding for quashing at the stage the Sub-Divisional Magistrate issued process against the accused. The Court has to accept the prosecution case as it is and has to come to a conclusion that upon the facts alleged no criminal offence has been disclosed-C..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (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. ......dged an F.I.R. on 6.12.81 at P.S. Hathazari alleging that on 5.12.81 at about 5 A.M. the 8 accused persons namely, Abul Kashem Chowdhury, Azizul Haque, Afzal Ahmed, Mofzal Ahmed, Jamal Hossain, Nurul Islam, Md. Alam and Md. Idris along with 10/15 others took away from complainant's land paddy wo......ul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23,..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
.... in: 38 DLR (HCD) (1986) 27. ......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. ......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. ......int filed by the appellant, the Authorised Officer, Chittagong Development Authority. 2. The appeal is found to be out of time by 45 days in view of the fact that the impugned judgment and order was pronounced on 13.5.84 and that the application for its certified copy was filed on 4.6..Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
....Party. Civil Revisional No.73 (Ctg) of 1985. Judgment Syed Mohammed Ali J.— This Rule at the instance of the defendant is directed against order No.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 defen...... 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. ...... 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..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
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. ......, 21 DLR at page 569. Lawyers Involved: Abdul Quaiyum with Moslem Ali Howlader Subodh Ranjan Dutta, and Tapan Kumar Chakraborty— For the Petitioner. Hemayetuddin Ahmed with Nurul Islam— For the Opposite-Party No.1 Civil Revision Case No. 166 of 1984. Judgment ......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..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....is also Reported in: 37 DLR (HCD) (1985) 26. ...... 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. ......nnected with his conduct. He also stated that on 6-12-83 the contemner started lecturing the Munsif-Magistrate in his Court room while he was holding trial of a criminal case in presence of Mr. Nurul Islam, Advocate, Mr. Nurul Haque or Huda, G.R.O. and C.S.-in-charge, Mr. Abdul Awal, Bench Clerk (Cr...... 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..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....is also Reported in: 37 DLR (HCD) (1985) 53. ......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......) Present: Mustafa Kamal J Md. Abdul Wahab J The State...........................................Petitioner Vs. Mosammat Mallika Khatun...................Respondent and Mosammat Mallika Khatun...................Petitioner Vs. The State.................Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....985) 1. ......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. ...... Criminal Appeal No. 71 of 1984 and Criminal appeal No. 48 of 1984. Judgment Mustafa Kamal J.- Appellants Emran Ali @ Md. Emran, Md. Alkas alias Alkesh, Firoj Ali alias Md. Firoz, Shafiqul Islam alias Md. Shafiqul, Kalu, Bisu alias Md. Bishu and Md. Rabu alias Rabu of Criminal Appeal No.7......rate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 Cr.P.C.) and the said confession duly taken is tendered in the Sessions Court, it prove..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
.... ......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. ......y passing the following order on 28.6.83:— "Seen the prayer of I.O. who prayed for one months time extension. The prayer is allowed upto 29.7.83." On the prayer of Mr. Nurul Islam Khan, Sub-Inspector of Police, Kotwali P.S. Chittagong for extension of period further for inv......th of one Sati Rani Basak, wife of absconding accused Biswanath Basak of 502/2 Gurkhal Doctor Lane Patherghata, Chittagong informant Assistant Sub-Inspector Md. Abdul Aziz went to the said place and found the dead body of Sati Rani Basak lying in the bath-room and interrogated the inmates of th..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....udgment Aug 29, 1984. Result: The appeal allowed in part Lawyers Involved: Abdul Momin Talukder—For the appellants. Sultan Ahmed, D. A.G. with Malik Syed Ahmed and Md. Mokhtar Hossain—For the State. Criminal Appeal No. 44 of 1983 Judgment Amin......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......ttacked him in a body. The accused Nayeb, Mannaf and Saidur dragged him down by wrapping a napkin around his neck and the accused Tayeb dealt dagger blows injuring him fatally. On his cries witnesses Islam Hossain and Abdur Razzaque rushed to the P.O. and saw the assaults by and fleeing of the accus...... Judgment Aug 29, 1984. Result: The appeal allowed in part Lawyers Involved: Abdul Momin Talukder—For the appellants. Sultan Ahmed, D. A.G. with Malik Syed Ahmed and Md. Mokhtar Hossain—For the State. Criminal Appeal No. 44 of 1983 Judgment ..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....5) 32....... 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.......pellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nurul Islam..................................................Appellant Vs. Md. Abdur R......ed. The Code of Civil Procedure, 1908 (Act No. V of 1908), Order XVIII, rule 17. Discretionary power under Order XVIII, rule 17 to recall a witness must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Pro..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....d in: 37 DLR (HCD) (1985) 62. ......ransfer has been made to the Sessions Judge and rejected by him." 7. The language of the proviso to subsection (3) of Section 526 is very clear. We do not find any ambiguity in it. Mr. Nazrul Islam Chowdhury has, however, submitted that the learned Sessions Judge may re-call a case fr......Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judgment August 2, 1984. Result: The application is rejected. Lawyers Involved: Nozrul Islam Chowdhury—For the Petitioner. Criminal Miscellaneous No.20 of 1984. In the ma......ood, Additional Sessions Judge, 3rd Court, Sylhet to any other Court of competent jurisdiction for trial. 2. It transpires from the petition that in a riot over the possession of a plot of land one Mortoba Azad, nephew of the informant, being seriously injured died and the F.I.R. was ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....n: 37 DLR (HCD) (1985) 93. ......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. ......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..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....its case against the accused appellant………(15) Cases Referred to- Iman Ali and another Vs. the state, 25 DLR 407; Gulbeg and others Vs. The State, PLD 1975, Karachi 275; Md. Anwar and others Vs. The State, PLD 1966 Lahore 643; Habibullah and others Vs. The State, PLD 19......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. ......itnesses while the defence examined none. Mr. Md. Abdur Rahim, learned Advocate for the defence has taken us through the evidence on record and the judgment delivered by the trial Court. P.W.1 Aminul Islam is a Sweeper of the Shadhuhati Hospital, P.W.2 Romjan Ali is a Compounder of that Hospital, no...... 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..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....hammad Habibur Rahman J.- This appeal at the instance of defendant appellant Eastern Maritime and Trading Corporation, Djibouti, is directed against the judgment and order dated 29-1-84 passed by Mr. Md. Shamsher Ali, Subordinate Judge, 3rd Court, Chittagong in Money Suit No.3 of 1984 which is in th......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. ......ety vessel may be released.” Thereafter it appears that on 16-2-84 the trial Court in pursuance of the order of the Appellate Division accepted the surety bond furnished by one Md. Zahidul Islam Chowdhury, 40, Agrabad Commercial Area. Chittagong Managing Director of M/S. Khawaja Tanneries......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..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......e is discharged. Civil Procedure Code, 1908; Section 24 Transfer of suit when should be allowed – Ordinarily the plaintiff as the arbiter it is has the right to choose his forum and the courts should be very reluctant to disturb this right unless the defendant establishes a bal..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....341;Vithoba Bhanji Vs. Vithal Sakroo, AIR 1958 (Bom.) at page 27; Abdur Rashid Vs. Hari Pada Sarker, 22 DLR at page 668. Lawyers Involved: Shaikh Razzaque Ali—For the Petitioner. Md. Abdur Rahim—For Opposite party No.1. Md. Latifur Rahman—For Opposite party No.1...... 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. ...... 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: ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4