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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. ......000/- was advanced and sub­sequently another amount of Tk. 25,000/- was also paid to defendant. These facts are not denied. An attempt was made in the trial court to show that the money was taken as loan and the document that was executed was in fact a security bond for the money advanced. The tria..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212

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.           ......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......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ..

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.......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ..

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.     ......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. ...... 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......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. ......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. ..

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...... identical with the provisions of sub-sec­tion 8 of section 156 of the Customs Act, 1969 inasmuch as both the sections make bringing goods into Bangladesh or taking them out of Bangladesh without payment of taxes, customs duties, etc. punishable. Therefore, the Magis­trate has no jurisdictio...... 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......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.       ......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.       ..

Category: Criminal Law | Date: 13 Aug, 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.       ......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.   ......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.   ...... 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...... 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.   ...... by the Deputy Commissioner, Rangpur on 18-8-83 as per decision of the Zonal Martial Law Administrator, Zone-B dated 14-8-83 to ask Certificate Officers to issue 24 hours' notice to the defaulter loanees to clear up the loans and issue distress warrant thereafter. The Munsif-Magistrate was veste..

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 ......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.   ..

Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

...............Appellants Vs. State.................................................Respondent Judgment November 4, 1984. Result: Criminal Appeal No.71 of 1984 is allowed in part. Criminal Appeal No.48 of 1984 is allowed in full. When a recorded confession proves ......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.         ......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.         ..

Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4

Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)

.... directed against the appellate order of the District Judge arising out of an application for temporary injunction under Order 39 Rule 1 of the Code of Civil Procedure. 2. The plaintiff-opposite party is the ele­cted President of the Bogra Chamber of Commerce and Industry. The plaintiff was...... 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. ...... 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. ..

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

Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)

....tion) Present: S. Muhammad Hussain J Amin-Ur Rahman Khan J Tayeb Ali & others. ...................Appellants Vs. State......................................Opposite parties Judgment Aug 29, 1984. Result: The appeal allowed in part Lawyers I......;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   ......;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   ..

Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1

M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)

....t Company were not properly served with notice and that had, therefore, no knowledge of the aforesaid title suit. As a result, they did not appear in the suit. Also the Government which was made a party did not take any steps. However, on the prayer of the appellant Company the proceeding in the......ative part, staying the decree for 6 months was in order since time was given to the peti­tioners to get a release order from the Go­vernment. Since the debt is admitted there is no escape from repayment of the same. As the properties were treated as abandoned, Government had no objection in r......ease order from the Go­vernment. Since the debt is admitted there is no escape from repayment of the same. As the properties were treated as abandoned, Government had no objection in repaying the loan obtained by Gannysons Ltd. and even if the company and its properties are released by the Gove..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)

..... From the judgment of the trial court it appears that the issue No.1 was "Is the suit maintainable in law" but while deciding issue No.1 this issue was not pressed before the trial Court. Apart from that in this suit the plaintiffs have prayed for a declaration that the bainanama and sale...... execution of the bainanama through the hand of his brother Nazir Ahmed, who is D.W. 5 and the possession of the land was delivered on the same day to Nazir Ahmed. The defendant possessed the land on payment of balance of consideration money. The kabala was executed but the plaintiffs did not go to ...... 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   ..

Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1

Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)

.... 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 lodged against accused opposite parties on 1.4.83 at about 9-45 P.M. alleging inter-alia that such riot took place on the same date ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1