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Safar Ali & others Vs. The State, 1983, 12 CLC (HCD)
.... sufficient if not otherwise properly explained to stand it as involuntary. In this case, there was no explanation from the prosecution side why the accused was detained in Thana custody for 3 days. Apart from that it is also required to be verified and ascertained whether the confession was true. W...... raised cries when people gathered and they narrated the occurrence to them. The informant lodged F.I.R. on the following day in the morning. 3. The police investigated the case and in course of investigation some clothes were seized and the accuseds were arrested. In the T.I. Parade the inform..Category: Criminal Law, Evidence Law | Date: 8 Sep, 1983 | Hits: 9
Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)
....d. Abdul Latif.............................Appellate Vs. Md. Harunur Rashid......................Respondent Judgment September 6, 1983. Result: The appeal is allowed in part. Lawyers Involved: Abdur Rashid Khan with Md. Shahidul Huq —For the Appellant ...... 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. ..Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
.... The appeal is dismissed. The Transfer of Property Act, 1882 (IV of 1882) Clause (e) of section 108 of the Transfer of Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially and permanently unfit for use for ....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....ent: Mohammad Habibur Rahman J Mustafa Kamal J Maqsood Alam…………………………………………Petitioner Vs. K.M.J. Akbar, Commodore & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- ......rt, he submits. 22. Normally disputed questions of fact are to be tried on evidence by the trial Court and this Court sitting in a jurisdiction under section 561A Cr.P.C. will not embark upon an investigation into facts. It is, however, the case of the complainant in the petition of complaint..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)
....e labourers of the complainant started running towards the house of the complainant for fear of life. But the accused persons chased them near the southern side of a tank and attacked the complainant party. There appellant Mohitullah Sheik dealt Fala blows upon deceased Rahim Sheikh and other appell......y took up the trial nearly two years of the promulgation of Law Reforms Ordinance, 1978. Language of section 4 of the Law Reforms Ordinance also speaks that any appeal, application, trial, enquiry or investigation which was pending immediately before such amendment takes effect shall be contained, h..Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... Tara Prasad Sarkar and his three brothers who erected a Moth in commemoration of their father's death on the burning place of the dead body of their father Durga Prasad Sarkar. After an amicable partition, the suit property fell in the exclusive share of Amrita Prasad Sarkar, Jogendra Prasad Sa...... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....also identified Abdul Sk., the executant, i.e. the plaintiff herein and it is also interesting to note that only one of Fatik's sons and Fatik's brother Kohiluddin Sk. are the only contesting parties. It is true that a document is not binding on a person who is not a party to it but such a d......osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....der the new dispensation of the present Government the Magistracy has been vested with wider responsibility and accountability in the administration of criminal justice, such reckless act on the part of a 1st Class Magistrate cannot be treated lightly……………&hel......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....d with the plaintiff and disowned the agreement. As to plot No. 25, his claim is that as it was lying vacant, he took over its possession. He denied the plaintiff's title to the suit premises and particularly denied that he was inducted by plaintiff as a monthly tenant. 3. The trial Court o......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....ten by fabricating false evidence including the fabricated and false statement of confession Ext.3. So the conviction and sentence passed against accused appellants are liable to be set aside. Before parting with the records we cannot but disapprove the conduct of the Additional Sessions Judge in co......the following morning accused Sudhir was again taken to Ruhia bil from where he brought out the dead body on 17-9-79. After that the informant went to thana and lodged F.I.R. 3. The Police after investigation charge sheeted the 6 accused-persons along with 8 others U/S. 302/ 34. 4. The lea..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
....he respondent firm was given the contract in the face of International competition. There has been no allegation from any quarter as to performance of the contractual work. The only thing is that the partners have fallen out and series of litigations have been started. Ultimately the matter came bef...... 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.
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Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... Raja of Tangail lodged an F.I.R. at Tangail P.S. on 9-11-81 against the two petitioners and 12 other accused persons U/Ss. 147/148/302/109/34 of the Penal Code alleging inter alia that the informant party went to Jugni Hatkhola on 9-11-81 on a Hat day and brought out a procession in support of Dr. ......ine the complainant and the witnesses present, if any, upon oath. In a complaint case the Magistrate after considering the statement on oath of the complainant and the witnesses and the result of the investigation or enquiry, if any, under Section 202 Cr.P.C., decides whether there is in his judgmen..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ioner. We shall advert to the submissions made by him in course of the discussion which follows. The learned Assistant Attorney General and the learned Advocate for the complainant opposite party have, however, supported the orders complained against in their own way. 7. The section w...... P.S. for taking necessary action. The O/C Kotwali informed the Magistrate on 27-9-79 that on the same occurrence Kotwali. P.S. Case No.14 dated 7-9-79 had already been started and the same was under investigation. On receipt of the report the learned Magistrate by his order dated 21-1-80 kept the p..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....n of the petitioner's husking mill which was followed by the seizure of flour wheat and bran from the mill premise. 6. So far as the F.I.R. of the Police is concerned, in the concluding part thereof the Police Officer stated that the petitioner be prosecuted under section 272......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. ..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....Act is a transfer of an interest in immovable property. Ownership of physical property consists of a number of rights and the owner of such property when he creates a lease, transfers to the lessee a part of the rights of ownership, i.e., the rights of enjoyment of the property, for a period, f......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.
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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. ......ths to him disposed of the same in the Black Market. 4. The police investigated into the case jointly with Rajoir P.S. Case No.5 dated 24-9-73 which gave rise to G.R. case No.716 of 1973. During investigation of the case, it transpired, as the police report says, that the petitioner N..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
....agreement. Let me refer to some of the decisions cited on behalf of the appellant.
9. In Mahomed Musa and others Vs. Aghore Kumar Ganguli and other AIR 1914 Privy Council page 27 it is held that part performance of a compromise will remedy all formal defects.
10. In N. Qamar Jahan Begum Vs......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
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Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....ACIFIC ABETO' was unfit for navigation and it was a dead ship which was bought for scrap. Also, the ship was tugged from Singapore to Chittagong by the 'Challenger', which was not, made a party in the suit. A notice under section 82 of the Customs Act, 1969 was received by the plaintiff-...... ship addressed to Ship Repair (Bangladesh) Limited, requesting them to investigate the reason for port side listing and to make arrangement to make the vessel even keel and submit report of the investigation. On 24-8-81 the plaintiffs informed defendant No. 2 about the vessel that it further d..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
.... him. As the husband of petitioner No. 2 was not in a position to pay the outstanding dues to respondent No. 4 a deed of agreement was executed on April 21. 1980 between M/s Noor Planters Ltd., first party, M.A. Muktadir, second party and United Planters and Traders Ltd., third party. It was agreed ......tters where a quick decision was necessary in Order to obviate an irreparable injury to a party. This provision was not intended for settling controversies under several heads necessitating a regular investigation. When serious disputes are involved the proper forum for their adjudication is a Civil..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....ege referred P.W.2 Ferdousi Begum to P.W.8 Dr. Mohammad Ali Sarkar, Radiologist, attached to the Medical College Hospital, Rangpur who made 4 X-Rays on 21-5-79 (X-ray plates Ext. 4 series) of various parts of her body and giving grounds opined that the skeletal age of P.W.2 Ferdousi Begum is approxi......ng directed by S.P., Rangpur investigated into the case. He had sent the victim girl P.W.2 to the Court where the Magistrate P.W.10 Mr. M.A. Shukur recorded her statement Ext.2. After completing investigation he submitted charge-sheet on 3-7-79 against the two accused appellants as well as..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
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