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Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)

....down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ......ent Judgment September 6, 1983. Result: The appeal is allowed in part. Lawyers Involved: Abdur Rashid Khan with Md. Shahidul Huq —For the Appellant Mahmudul Islam with K. Z. Huq—For the Respondent. Appeal from Criminal Order No.512 of 1981. ......hmudul Islam with K. Z. Huq—For the Respondent. Appeal from Criminal Order No.512 of 1981. Judgment Mustafa Kamal J.- This Miscellaneous appeal is directed aga­inst judgment and order 31.08.1981 passed by Mr. M. I. Hossain, District Judge, Dhaka in Title Suit No.9 of 1981 f..

Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223

Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)

....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87.   ......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87.   ......5; Narasingherji Vs. Panuganti (1924) 51 I.A. Page 305; Abdul Khaleq Vs. Mst. Saiman Nessa Bibi; 19 D.L.R. page 17; 38 C.W.N. Page 883; 20 C.W.N Page 347. Lawyers Involved: M. S. M. Nasirul Islam—For the Appellant. M. A. Rahim—For the Respondent. Appeal from Appellat...... Respondent. Appeal from Appellate Decree No. 693 of 1968. Judgment Anwarul Hoque Chowdhury J.- This appeal at the instance of the defen­dant Jaha Baksha Par, son of late Madhu Par and on the death of said appellant his heirs namely, Mozem Par, Ahmed Ali Par and Asmani Bibi is dir..

Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4

Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)

.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274.             ......hellip;..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhury, Advocate— For the Petitioner. Azizur Rahman Chowdhury with MA Man........Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhury, Advocate— For the Petitioner. Azizur Rahman Chowdhury with MA Mannan, Ad......……………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhury, Advocate— For..

Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3

Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)

....ner…………………..(24 & 27) Lawyers Involved: Abdul Malek, Advocate— For the Appellant. Sultan Ahmed, Deputy Attorney General with Md. Marfat Ali, Advocate— For the State. Criminal Appeal No. 252 of 1981 and Death Refere......tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......n the same night. After having failed to trace out Jitendra on search he informed about the missing of Jitendra to the co-villages as also to the members of the village Defence Party including Azizul Islam. At about 4 P.M. of 16-9-79 the members of the village defence Party being headed by Azizul Is......………………………………………State Judgment March 8, 1983. Result: The appeal is allowed and the reference is rejected. No Eye-Witnesses and No Direct or Circumstantial Evidence- Unpro..

Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

....AD) (1983) 203. ...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ......i Vs Emp, AIR 1945 P.C. 147; Homi Rastomji Pardiwala Vs. Sub-Inspector Boig, 1944 ILR Lah., 196. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate Rafiqul Huq, Senior Advocate, Mahmudul Islam, Advocate, Fazlul Haque, Advocate, instructed by Md. Sajjadul Huq, Advocate on Re­cord - F......te Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Mahbubur Rahman Sikder and others................................Petitioners Vs. Mujibur Rahman Sikder alias M. R..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)

....ortunity of being heard in the matter. Cases Referred to- S. Kuppuswami Rao Vs. The King, ALR 1949 (FC) 1; Golzar Hasan Shah Vs. Ghulam Murtaza, 22 DLR (SC) 258. Lawyers Involved: Md. Abdus Sobhan, Advocate— For Peti­tioner. No one— For the Opposite Parties. ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96.     ...... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96.     ......others………………………Opposite Parties Judgment December 13, 1982 Result: The CR petition is restored to its original file and number. Whether Every Order in a Criminal case is a judgment- The ex­pression judg..

Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1

Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)

.... Court Division can direct the taking of cognizance. ………………(8 &12-15) Cases Referred to- Abul Hossain Sana Vs. Swalal Agarwala, 14 DLR (SC) 96; Md. Sharif and others Vs. Baharuddin Chowdhury, 30 DLR 344. Lawyers Involved: Jamiruddin S...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267.         ...... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267.         ......;     ..

Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99.     ......e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99.     ......re the starting of the proceed­ing for pre-emption the right to pre-emption does not exist. In an unreported decision in the case of Bandar Ali Halder Vs. Kalu Halder and others Mr. Justice Ruhul Islam also found that if the reconveyance takes place before the starting of the proceeding for pre-......e is also Reported in: 3 BLD (HCD) (1983) 99.     ..

Category: Property Law | Date: 24 Nov, 1982 | Hits: 2

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ......ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ......lling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the peti­tioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since ac..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ......BLD (HCD) (1983) 65.   ......D) (1983) 65.   ......in the process of adulteration of food- Mere possession of any alleged adulterated food in any premise by itself will not consti­tute an offence under Section 272 of the Pe­nal Code and Section 25C(a) of the Special Powers Act, unless it is alleged that a par­ticular person or ..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ...... decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ......wdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J New Dhamai Tea Estate Limited………… Appellant Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents Judgment August 6,1982. Result: ..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ......onal Magistrate, Madaripur and 11 wit­nesses for the prosecution were examined by him. The Sub-Divisional Magistrate after pe­rusal of the evidence on record discharged the accused petitioner Nazrul Alam by order dated 12-8-78 under section 253 Cr.P.C. Against the said Order of discharged, c......n: 3 BLD (HCD) (1983) 33.   ......t sought to be tried by a different Tribunal. Nor is he be­ing tried under a separate rule of evidence. Records of the case shows the same witness. The accused has deposed to the same effect and has not deposed anything in respect of selling of the cloths in the black market. There was neit..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......y, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

.... Court Division (Civil Original Jurisdiction) Present: M.H. Rahman  J United Planters and Traders Limited and Another…………Petitioners Vs. Md. Mosharraf Hossain Knan & Others…………………&hell......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ...... Irani K.R. 78 CWN 872; Sri Gulabrai Kalidas Naik and others Vs. Shri Laxmidas Lalubhai Patel of Baroda and others, 48 Company cases, 438; 7 PLR (Dacca series) 159. Lawyers Involved: Amirul Islam with Moinur Reza Chowdhury, Advocate- For the Petitioners Alimuzzaman Chowdhury......D) (1982) 345; 3 BLD (HCD) (1983)149     ..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

.... Shah Alam and others Vs. The Crown 10 DLR 237; Rameshwar Vs. The State of Rajasthan, (1952) SCR (India) 377; Momtaz Ahmed Khan Vs. The State 19 DLR (SC) 259 (265).   Lawyers Involved: Md. Fazlul Karim, Advocate— For the Appel­lants. Kazi Safiuddin Ahmed, Assistant Att......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......obindagonj, Dist. Rangpur. P.W.2 Ferdousi Begum's father Fazlul Karim died in 1970. Thereafter in 1971 her mother was nika-married to her late father's younger brother P.W.1 Constable Wahedul Islam who was attached to P.S. Kotwali, District Dinajpur. P.W.2 Ferdousi Begum used to live with he......ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Ab­dul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

.... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ...... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ...... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ......ip;…..Res­pondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Momtazuddin Ahmed Vs. Abdur Rashid Khan, Sub-divisional Magis¬trate, Sherpur & ors, 1982, 11 CLC (HCD)

....-I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 113 ......79, the judgment of which has also been delivered today. In the result the rule is made absolute. Md. Altaf Hossain J.-I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 113 ......79, the judgment of which has also been delivered today. In the result the rule is made absolute. Md. Altaf Hossain J.-I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 113 ......ected the Circle Officer (Revenue), Sherpur to take possession of apart of plot No. 14 Khatian No. 22 of Mouza Narayanpur, after evicting the unauthorized occupants including the petitioner therefrom and to report compliance by 15 2.71. 3. Sree Sree Gopaldeu Bigraha, to whom the original owner ..

Category: Contempt of Court Law, Criminal Law | Date: 5 Feb, 1982 | Hits: 2

Surendra Mohan Shaha Vs. Government of Bangla¬desh and others, 1982, 11 CLC (HCD)

....e is also Reported in: 34 DLR (HCD) (1982)110     ......er of this Court on the following day, during office hours, with relevant papers and that on 20.11.78 the certified copy of the stay order having been produced before the respondent No. 2 by Advocate Nazrul Islam the respondent No. 2 passed orders enlarging the petitioner on bail forthwith and learn......his Court on the following day, during office hours, with relevant papers and that on 20.11.78 the certified copy of the stay order having been produced before the respondent No. 2 by Advocate Nazrul Islam the respondent No. 2 passed orders enlarging the petitioner on bail forthwith and learned Resi...... (Special Original Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Altaf Hossain J Surendra Mohan Shaha.................Petitioner Vs. Government of Bangla­desh and others………..Respondents and Surendra Mohan Shaha....................

Category: Contempt of Court Law | Date: 5 Feb, 1982 | Hits: 3

Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)

....p;……(5 & 7) Cases Referred To- A.I.R. 1955 S.C. 70; P.L.D. 1939 S.C. 13; A.I.R. 1959 Calcutta 356; A.I.R. 1967 Calcutta 326. Lawyers Involved: Maimil Hosein with Md. Joynul Abedin—For petitioner in both Petitions. Kazi Shafiuddin, A,A.O—For the ......all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157     ......he said preliminary enquiry it has been observed that the petitioner misappropriated public money. The petitioner denied the allegations in the charge-sheet as baseless and motivated. Mr. M. Mozharul Islam, Additional Deputy Commissioner (Revenue) Barisal being appointed the Inquiry Officer enquired......olla...................Petitioner (In Writ Petition No.447/80) Roi Mohan Rai..........................Petitioner (In Writ Petition No.448/80) Vs. The Chairman, Bakerganj Zilla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: ..

Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1

Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ...... citizen under the Constitution, otherwise the confidence and trust of the people in the Government machinery may be seriously undermined. Lawyers Involved: Syed Ishtlaq Ahmed with Mahmudul Islam —For the Petitioner. Sohrab Ali, D.A.G. with MM. Huq, A A.G. For the Repondents. ......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1