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Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)

....iff is malafide and motivated is not correct as the plaintiff Bank has no personal grudge against any of the defendants. He found from the various exhibits such as the letter of the Asstt. Secretary, Ministry of Law (ext.1 (A), letter of the Department of Anti-corruption Ext. A (B) and the pendency ......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......ents Judgment November 19, 1986. Result: The application is summarily rejected. Case Referred to- Satish Vs. Apara, 34 Cal 403 (F.B), Bejoy Vs. Satish, 9 I.C. 842, Sikandar Vs. Kushal, 59 Cal 756, Sardar Vs. Jahar, 59 Cal 906, Baijnath Vs. Kedar, A.I.R 1938 Cal 74, G......visional Jurisdiction Present: Fazle Hussain Mohammad Habibur Rahman J Anwarul Haque Chowdhury J Md. Nurul Haque…………………………………...........Petitioner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment Novembe..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....s made absolute. Cases Referred to- Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (17......aining to S.A. Khatian No.2071 of Mouja Patuakhali. She obtained an ex-parte decree on the 14th December, 1961. On the 22nd January 1974 opposite party No.1 the Assistant Custodian of Enemy Property (Lands and Buildings), Patuakhali brought a suit being Title Suit No.12 of 1974 in the 1st Court of M......ip;………Opposite-parties Judgment September 16, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the ......nal Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Subitri Bari………………………………Petitioner Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

.... S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others……………......in Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others………………&hel......n Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others………………&hell......ion (Special Original Jurisdiction) Present: S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Refo..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......lso Reported in: 39 DLR (HCD)(1987) 228. ...... Bench (Civil Rivisional Jurisdiction) Present: AM Mahmudur Rahman J Reajuddin and another…………..............Plaintiff-Respondents-Petitioners Vs. Azimuddin @ Abdul Aziz and others…………………&h..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......cord be sent down with a copy of this order at once. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 166. ......ch 19, 1986. Result: The Rule is discharged. Cases Referred to- James Gardner Vs. Edward A. Lucas, (1878) 3 A 532; Colonial Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdu...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Ruhul Amin........................................Petitioner Vs. The State..........................................Opposite party Judgment March ..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......i—For the Appellant. Syiedur Rahman Mean—For the State. Criminal Appeal No. 314 of 1983. Judgment Amia-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 19.9.83 passed by Mr. Md. Abdul Kadir Khan, Additional Sessions Judge, 3rd Court, Dh......sent: Latifur Rahman J Amin-Ur-Rahman Khan J Mst. Ayesha Sultana @ Minu………………………………...Appellant Vs. Md. Shahjahan Ali………………………&h..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ...... Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and others, AIR 1965 (SC) 282. Lawyers Involved: M.A. Karim—For the Petitioner. ......me Court High Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem (Bulbul)..............................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February ..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)

....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. .................Opposite-Parties Judgment January 7, 1986. Result: The Rule is discharged. Cases Referred to- Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119; Amir Sultan Ali Hai......preme Court High Court Division (Comilla Bench) (Civil Appellate Jurisdiction) Present: Mustafa Kamal J Muktad Hossain Majumder..........................Petitioner Vs. Abul Bashar Majumder & others...................Opposite-Parties Judgment Jan..

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)

....s Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sultana Ara Begum ......................................Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. ......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......irs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DLR (SC) 249;......riminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sultana Ara Begum ......................................Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment Dec..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)

.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......pect of the suit properties contending, inter alia, that some of the defendants cut earth from plot No.1355 comprising a pond in spite of the order of temporary injunction passed against them earlier and the plaintiffs-appellants already filed an application for taking action against them for v......ssain Mohammed Habibur Rahman J Md. Abdul Jalil J Md. Musa & others…………………………..................Appellant Vs. Tazul Islam & others……………………&he..

Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180

Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)

....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. ......—For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Tr...... Bench) (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Noor Mohammad..............................Appellant Vs. The State........................................Respondent Judgment November 29..

Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

....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. ......Rahman J Md. Yeakub Kazi…………………………………………….Petitioner Vs. Kaloo KhandaKer……………………………&hell...... J Latifur Rahman J Md. Yeakub Kazi…………………………………………….Petitioner Vs. Kaloo KhandaKer………………………&hel..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

.... 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. ......Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. Result: T......Court High Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. ..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....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. ...... 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 adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise......reme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Abul Quasem (Md) ......................Petitioner. Vs. Md. Lutfur Rahman ....................Respondent. Judgment November 11, 1985. ..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

.... 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. ...... 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. ......p;……..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mustafa Niaz M......Habibur Rahman J Md. Abdul Jalil J Abdur Razzak & others……………………………………Petitioners Vs. The State…………………………&h..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)

....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. ......dash; For the Appellants. Gazi Abdul Mannan, Assistant Attorney-General— For the State. Criminal Appeal No. 303 of 1983. Judgment Amin-Ur-Rahman Khan J.— By a judgment and order dated 8.9.1983 passed in Sessions Case No.73 of 1983 the Additional Sessions Judge, 2nd Co......a Bench) (Criminal Appellate Jurisdiction) Present: A.T.M. Afzal J Amin-Ur-Rahman Khan J Abu Sayed & another…………..............Appellants Vs. The State…………………………&h..

Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1

Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)

....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......e of the prosecution case permissible in a proceeding for quashing at the stage the Sub-Divisional Magistrate issued process against the accused. The Court has to accept the prosecution case as it is and has to come to a conclusion that upon the facts alleged no criminal offence has been disclosed-C......Revisional Jurisdiction) Present: Mustafa Kamal J Mohammad Abdur Rouf J Mahmljdul Huq……………………................Appellant Vs. Golam Mowla………………………..........

Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......ul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23,...... Md. Abdul Jalil J Sydul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Pa..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)

....cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......int filed by the appellant, the Authorised Officer, Chittagong Development Authority. 2. The appeal is found to be out of time by 45 days in view of the fact that the impugned judgment and order was pronounced on 13.5.84 and that the application for its certified copy was filed on 4.6......sain Mohammad Habibur Rahman J Md. Abdul Jalil J Authorised Officer, C.D.A………………………………Appellant Vs. The State & others.……………………&hel..

Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1

Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)

..... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ....... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ...... Vs. Sree Satya Narayan Pramanik & others…………Respondents Judgment July 9, 1985. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) When the suit land has been transferred to the appellant...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Azimuddin Pramanik & others ................Appellants Vs. Sree Satya Narayan Pramanik & others…………Respondents Ju..

Category: Property Law | Date: 9 Jul, 1985 | Hits: 40

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