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The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... 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. ......temner interfered with the leave and annual vacation of the Munsif-Magistrate, the contemner denied the same and stated that he was directed 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..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....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. ......strate who recorded the confession a condition precedent to the admissibility of the confession itself? 8. With due respect we find ourselves unable to agree with the ratio decidendi of the decision reported in (1951) 3 DLR (Dhaka) 383. The decision does not take into consideration the pro..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... 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. ......ction 22(1) of the Trade Organisation Ordinance and as such the learned District Judge acted illegally in granting injunction in this matter. The learned Deputy Attorney General has also cited a decision in support of his contention. 6. Section 22(1) of the Trade Organisation Ordinanc..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date.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. ......udgment itself. The only ground taken by the appellant against the judgment is as follows: "For that consistently with the reasonings in the main body of the judgment and the decision allowing the appeal (C.A. No. 43 of 1983) arising out of Miscellaneous Case No. 958 of 198..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... 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.......83 the defendant objected to this prayer and the High Court Division, however allowed the prayer by its judgment dated 6.2.84. 4. Leave was granted to consider as to the correctness of the decision of the High Court Division. Order 18, rule 17 of the Code was noticed by the High Court D..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 ...... the trial Court again decreed the suit. The trial Court on comparison and examination of the signatures of the plaintiff No. 1 in the plaint, deposition and vakalatnama and those of kabala came to a decision under section 73 of the Evidence Act that the signatures on the disputed bainanam..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ...... that all that section 42 requires is that the declaration should be concerning the legal character of the plaintiff, be it in the positive manner or in the negative manner. 6. For a proper decision on this point of law it will be useful to re-produce the workings of section 42 of the Spec..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
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. ...... laid down the rule: "The rule is—and it is nothing more than a rule of practice—that where there is conflict of oral evidence of the parties on any matter in issue and the decision hinges upon the credibility of the witnesses, then unless there is some special feature abo..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......1. The appeal is therefore allowed without any order as to costs. The judgment and decree passed by the learned Additional District Judge is set aside and the appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Re..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....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. ...... persons absconds or fails to appear, the procedure as laid down in sub-section (1) shall not apply and the court competent to try such person for the offence complained of shall, after recording its decision so to do, try such person in his absence." 8. The learned Advocate for the appell..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
..... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ......stly he held that the learned Munsif did not commit any illegality in assessing the value of the purchased share through a pleader Commissioner. The learned Subordinate Judge also referred to certain decision of the superior Court in support of his finding. Thus he rejected all the points of objecti..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. ...... the suit.” Thereafter defendant appellant has filed this appeal and also obtained the Rule. 5. Mr. M. Hafizullah, the learned Advocate for the defendant appellant has referred to the decisions in the cases of Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Line L..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......y interest in such property. In this view of the matter it seems clear to me that the rule against perpetuity is not attracted in the case before me. However, the learned Advocate has referred to the decision of Md. Affan and others Vs. Tazal Hoque and 42 others reported in 27 DLR 58. In that case a..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... 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. ......d unsatisfactory and accordingly, he was served notice on 11.7.76 as to his termination and since then the plaintiff is rot in service and the matter has been placed for approval of the Board and the decision is in process, that the plaintiff has been legally discharged and he has no legal righ..Category: Administrative Law | Date: 12 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. ...... evidence in determining the disputes between the parties is very little. If, however, a portion of letter is written “without prejudice”, that portion should not also been given consideration in decision the case against the party or the other………………………(19) Lawyers Involv..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 ......th the public donations and subscriptions received after the partial destruction by the Pak Army, the deity has been re-installed and the temple has been reconstructed and developed. He has cited the decision of the case of Raghumani Roy and another Vs. Bibhuti-Bhusan Roy and others reported in AIR ..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 ......ree in terms of solenama. It, however, does not appear that any decree was passed in terms of the solenama. The learned Munsif dismissed the suit. On appeal the learned Subordinate Judge reversed the decision of the learned Munsif and decreed the suit. Being aggrieved the defendant No. 2 has moved t..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......ce and the findings of the courts below it was prima facie evident that the plaintiffs acquired right by adverse possession against the defendants and their predecessor. Mr. P.K. Bose referred to the decision reported in 7 DLR page 96 wherein it has been held by a single Bench of this court that the..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ......ssions Judge, in the facts and circumstances of the case passed on misconception under the scope of section 436 of the Code of Criminal Procedure. In support of his contention he has relied on a decision of the Supreme Court reported in 14 DLR (SC) page 96. Relying on this decision Mr. Serajul ..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
.... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ...... property which has now vested in the Government of Bangladesh by operation of law is exempted from attachment, seizure or sale in execution of the Civil Court decree also finds support from the decision in the case of National Bank of Pakistan (now Sonali Bank) Vs. Kushtia Sugar Cane Mills Ltd..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4