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Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....ssain Mohammad Habibur Rahman J Md. Abdul Jalil J Ruhul Amin........................................Petitioner Vs. The State..........................................Opposite party Judgment March 19, 1986. Result: The Rule is discharged. Cases Referr.......10.78 in the F.I.R. deceased Professor Abul Faiz's step-brother Serajul Islam falsely stated that accused Delwar Hossain killed his step-brother Professor Abul Faiz by gun shot. The Police after investigation submitted charge sheet on 11.1.79 against accused petitioner Ruhul Amin recommend..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....ous incident of rioting, assault and quadruple murders. One Abdul Mannan lodged that First Information Report against 43 persons including the petitioner, accused Abdul Awal, alleging that he and his party raided Informant's house and, among other things, caused the death of four persons by gun-shot......y known as final report. But in fact there is no term like 'final report’ in the Code of Criminal Procedure. But this term is used in the Police Regulations to denote a report in which police after investigation do not propose to prosecute any accused person even if he had been implicated in First..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....ase. 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/dealer the petitioner used to sell the p......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
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
.... J Md. Abdul Jalil J Alhaj Mamtaj Meah…………….……...........Petitioner Vs. The State.........................................Opposite party Judgment January 30, 1986. Result: The Rule is discharged. Cases Refe......rate, Patiya without any report from I.O. Perused the papers on record. It appears that the case (was) instituted on 2.3.82 and the I.O. remained sitting idle over the (muter) till today. The time of investigation already ended much earlier as per amendments of section 167 of the Cr.P.C. On the othe..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....y, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record—For the Appellants. Yar Ahmed, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent No. 1 Ex-parte—For the Respondent Nos.2-6. Civil Appeal No.16 of 1985. (From the Judgment and ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....espect of a trial held illegally in a forum which is coram non-judice. This view was also taken in the case of Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 D.L.R. 200 to which one of us was a party. In the said case of Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 D.L.R. 200. I observ......ent Special Tribunal case No.52 of 1978 on 16.5.78 and took cognizance of the case on the same date by passing the following order: "Heard including learned P.P. Perused. Seen further investigation report. Charge sheet against all the 12 accd. persons the be accepted and cognizance t..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....tion Tribunal, 31 DLR 119; Amir Sultan Ali Haider Vs. Mohammad K. Ali, 29 DLR (SC) 295. Lawyers Involved Md. Amir Hossain— For the Petitioner. M.A. Karim— For the Opposite party No.1 Civil Revision No.176 of 1985. Judgment Mustafa Kamal J.- This Rule obtain......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. ..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)
....State. Criminal Miscellaneous Case No.2 of 1985. Judgment Fazle Hussain Mohammed Habibur Rahman J.– This rule under section 491 Cr.P.C. was issued calling upon the opposite parties (1) Secretary, Ministry of Home Affairs, Government of Bangladesh (2) District Magistra......d to the business community of the locality and a potential threat to the peace loving and law-abiding citizens of the society. As a result of his criminal activities charges were submitted after due investigations in Kotwali P.S. Case No.36 (4)/81 under sections 448/380 of the Penal Code, Case No.4..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....ront of the neck which discontinued from below both the ear lobules. 4. No ecehymosis below and above the ligature mark. On dissection he found, 1. Maematoma on the forantal & both partial region of the scalp. 2. Clotted blood on the whole of occipital lode of the brain........ Atiqul Islam Chowdhury, Thana Nirbahi Officer but the statement was not made part of evidence by the prosecution at the time of trial probably because it was self exculpatory. After completing investigation of the case P.W.1 Sub-Inspector Rafiqul Islam submitted charge Sheet against accused a..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.....M. Afzal J.—This Rule, at the instance of the informant-petitioner, is directed against the judgment and order dated 5.3.1984 passed by a Metropolitan Magistrate, Dhaka convicting the Opposite-party No.1 Kaloo Khandaker under section 420 Penal Code and sentencing turn thereunder to a fin......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. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....nt ATM Afzal J.- This Rule, at the instance of the informant-petitioner, is directed against the Judgment and order dated 5.3.1984 passedby a Metropolitan Magistrate, Dhaka convicting the Opposite-party No.1 Kaloo Khandaker under section 420 Penal Code and sentencing turn thereunder to a fine o...... 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. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....n of its correctness The Court is not at all precluded from considering the report of the Commissioner afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence a......1, 1985. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order 26, Rule 10 Whether acceptance of the report of an advocate commissioner for local investigation raises presumption of its correctness The Court is not at all precluded from cons..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....ustoms Intelligence and Investigation Officer, Chittagong lodged an F.I.R. at P.S. Patiya alleging in short that on receipt of secret information he along with 17 other Officers of the Customs Department reached Tanga Bridge at about 21-30 hours on 17.11.83 and found that a launch was coming fr...... 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
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....r drawing up a charge under sections 302/34 of the Penal Code. 5. Both the accused pleaded not guilty. Their case is that no occurrence took place as alleged nor the accused were present or participated in any such occurrence. The informant himself got his brother Abdus Sattar murdere......me litigation and out of that enmity they killed Sattar and also would have killed him had he not fled. 4. The informant lodged the F.T.R. after the police Sub-Inspector went to his house. After investigation charge-sheet was submitted against the two accused and the learned Additional Sessions..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....bramania 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 Judgment Mustafa Kamal J. - This Rule ob...... prima face case was made out then he could have referred the case for an order of the High Court Division. It is because the High Court Division exclusively exercises the power of quashing.- No investigation as to the truth or otherwise of the prosecution case permissible in a proceeding for q..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)
....g to defendant No.1 a consignment of 399 metric tons skimmed milk powder under 8 Bills of Lading for carriage and delivery to the plaintiff at Chittagong. It has been alleged that the consignment was partly damaged and a part was not delivered to the plaintiff due to negligence, misconduct and lack ......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
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....dest manufacturer of washing soap popularly known as "Ful Marka Saban". It is the further case of the plaintiff that they are selling their "Ful Marka Saban" since before the partition of the Sub-continent and their products became very popular in the market and by long......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
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....ase price, the offer of money or money value for the defendant's promise remains the essence of consideration. The plaintiff must show that the defendant's promise, upon which he was suing, was a part of the bargain to which he himself had contributed………………(7) The plaint...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....orney-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 Petitioner (Opposite-parties). Criminal Miscellaneous Case No. 24 of 1984 and Suo Motu Rule No. 41 of 1984. Jud...... he apprehends that the witnesses may be influenced by the contemner who is the executive head of the Upazilla. These are in short the contents of the 8 affidavits. Before we embark upon an investigation into the truth or otherwise of the allegations made against the contemner, we would li..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
.... deadbody of deceased Abdur Rashid on 26-3-83 and he found the following:— "One stitched up transversed incised injury 1" in length (after cutting the stitches) seen on the upper part of the abdominal wall, about 1½" below and right to Zyphoid process of the sternum ......Rangpur Medical College Hospital morgue for post-mortem examination. P.W.9 S.I. Kh. Moazzem Hossain investigated into the case. He prepared sketch map, examined witnesses and after completion of investigation submitted charge-sheet against the condemned prisoner on 31.5.83. 4. At the trial..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
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