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Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... For the Opposite-Party No.1. Criminal Revision No.56 of 1984. Judgment 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 Kh......ode to inflict sentence of fine simultaneously with the substantive sentence of imprisonment ordinarily the double sentence should not be inflicted unless necessary in the interest of justice. It was noticed that the Magistrate did not award any compensation to the complainant and accordingly it w......ed - For the Petitioner. Md. Fazlul Karim with M. A Tariq - For the Opposite-Party No.1. Criminal Revision No.56 of 1984. Judgment 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 Metropolita..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....f the Martial Law Court were stopped by C.M.L.A) transmitted this case ultimately to the Sessions Judge and Ex-Officio Special Tribunal No.1 (Mr. Badruzzaman) for disposal and his impugned order No.1 dated 19.2.85 read as follows:- “Received the record on transfer from the Special Martial...... 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. ......acts of the case are that on 18.11.83 Shamsuddin Ahmed, Senior Customs 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 abo..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....s Rule was issued under section 561A Cr.P.C. calling upon the Deputy Commissioner, Chittagong and accused respondent Nos.1 to 8 asking them to show cause why the impugned judgment and order dated 14.8.83 passed by the Sub-Divisional Magistrate, Sadar, (North), Chittagong in P. No.98 o......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. ......order dated 15.1.83 passed by the Hathazari Union Village Court, Chittagong in U.P. Case No.16 of 1982-83 acquitting the 8 accused persons of the charge under section 379 of the Penal Code for taking away 100 aris of paddy (worth Taka 3,000/-) out of the possession of the complainant..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
....arties. Criminal Appeal No. 79 of 1984. Judgment Md. Abdul Jalil J.- This an application for admission of appeal under section 417(2) of the Code of Criminal Procedure against an order dated 13.5.84 acquitting the accused respondent Abdur Rahman of the charge under section 12(1) of th......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. ......s Involved M. Fazlul Karim— For the Appellant. No one— For the Opposite Parties. Criminal Appeal No. 79 of 1984. Judgment Md. Abdul Jalil J.- This an application for admission of appeal under section 417(2) of the Code of Criminal Procedure against an order date..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)
....he Appellants. Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Ex Parte—Respondent Nos. 2-7. Civil Appeal No.171 of 1983. (From the judgment and order dated 6 July 1983 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 22 of 1983......earned Single Judge observed that these co-sharer-transferees were required to claim pre-emption by joining in the application of the contiguous land-holder, but the learned Single Judge did not notice that even if these transferees had joined in the application for pre-emption the claim of the......r to the appellants is immune from pre-emption by a contiguous land-holder, by necessary implication. The appellants need not have joined the pre-emptor-respondent, because to join in the application for pre-emption filed by a contiguous land-holder is unnecessary. Under section 96 of the SAT A..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
....rim— For the Opposite Party. Civil Revisional No.73 (Ctg) of 1985. Judgment Syed Mohammed Ali J.— This Rule at the instance of the defendant is directed against order No.98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91......deposition as permitted by the Court by its order dated 11.9.83. Under the provisions of section 115 C.P.C. the High Court Division can rectify the error of law in a matter which has come to its notice or suo moto where the impugned order has been passed by a Court subordinate to the High Court......cted against order No.98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addition of Bangladesh Railway and its General Manager as defendants in the suit. 2. T..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondents. Civil Petition for Special Leave No.335 of 1984. (From the judgment and decree dated 29-7-1984 passed by the High Court Division, Dhaka Bench in F.A. No. 221 of 1981.) J...... 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. ......dgment January 15, 1985. Result: The petition is dismissed. Breach of contract The plaintiff is to prove the mutuality of the agreement in an action for breach of contract. The idea of the purchase price, the offer of money or money valu..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....sued on 9.4.84 at the instance of the accused petitioners upon the Deputy Commissioner, Chittagong and complainant opposite party Mst. Razia Begum asking them to show cause why the judgment and order dated 22.2.84 passed by Mr. Alauddin Sarder, Assistant Sessions Judge, 2nd Court, Chittagong de......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......th the active help and connivance of all other accused persons. The complainant was mentally and physically tortured by the accused persons as she raised objection. The second marriage was fixed for solemnisation on 14.7.80. On 12.7.80 complainant Razia Begum was abducted by the accused pe..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....oner. Hemayetuddin Ahmed with Nurul Islam— For the Opposite-Party No.1 Civil Revision Case No. 166 of 1984. Judgment Daliluddin Ahmed J.- This Rule arises against the order, dated 11.8.84, passed by the District Judge, Barisal in Election Appeal No.4 of 1984 staying operati......ction 29 of the said Ordinance, as it stands at present, reads as follows:- "29. Trial of election petitions—(1) An Election Tribunal shall, upon receipt of an election petition, give notice thereof to all the contesting candidates at the election to which the petition relates. ......contested the said election and the appellant opposite party No.1 was declared elected as the Chairman by the returning officer. The respondent-petitioner filed Election Case No.1 of 1984 before the Election Tribunal Jhalokati (Munsif, 1st Court) on the allegations inter alia that the appe..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....rigram. The Rule was issued on the basis of the following facts which were brought to the notice of this Court on a reference made by the learned District and Sessions Judge, Rangpur upon a complaint dated 28.12.83 lodged by the said Munsif-Magistrate:— 1. That on 6-12-83 while the said M......the justice by putting various pressures on Mr. A.K.M. Zulfiquer Ali, Munsif-Magistrate, Chilmari Upazilla, Kurigram. The Rule was issued on the basis of the following facts which were brought to the notice of this Court on a reference made by the learned District and Sessions Judge, Rangpur upon a ...... Criminal Misc. Case No.24 of 1984 the contemner Mr. Abdul Karim Sarker, Upazilla Nirbahi Officer (U.N.O), Chilmari, District Kurigram was asked to show cause on 19.3.84 why he shall not be convicted for contempt of Court for interfering with the administration of the justice by putting various pres..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....isoner Most. Mallika Khatun has been convicted u/s 302 of the Penal Code and sentenced to death by Mr. A. K. Mohammad Ali, Additional Sessions Judge, 3rd Court, Rangpur by his judgment and order dated 24.7.83 in Sessions Trial Case No.225 of 1982. 2. Death Reference Case No.7 of 1983 arise......nt, but the other indications do not suggest that the killing was done during an epileptic fit in course of which the condemned prisoner lost control of her mental faculties temporarily. We notice that deceased Abdur Rashid was done to death by a single stab injury on a vital part of his b......Judge, 3rd Court, Rangpur by his judgment and order dated 24.7.83 in Sessions Trial Case No.225 of 1982. 2. Death Reference Case No.7 of 1983 arises out of reference u/s 374 Cr.P.C. made by the aforesaid learned Additional Sessions Judge for confirmation of the sentence of death passed against ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....that the impugned order of the Government superceding the Executive Committee of the Chamber is passed on two grounds; namely (1) that the Chamber failed to hold the election within 120 days from the date of expiry of Martial Law Order No.43 of 1982, as per Martial Law Order No.58 of 1983 and (2) 10......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 served with a notice by the Deputy Secretary Ministry of Commerce under section 10 of the Trade Organisation Ordin...... addition of Parties. Civil Revision No. 256 of 1984. Judgment Latifur Rahman J. - This Rule is 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..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....d not be quashed. 2. On 29.4.83 Md. Abdul Aziz, Assistant Sub-Inspector of Police lodged an F.I.R. at Kotwali P.S, Chittagong stating that, in pursuance of Kotwali Police Station G.D. No.78 dated 2.4.83 regarding the unnatural death of one Sati Rani Basak, wife of absconding accused Biswan......accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ...... Kotwali Police Station G.D. No.78 dated 2.4.83 regarding the unnatural death of one Sati Rani Basak, wife of absconding accused Biswanath Basak of 502/2 Gurkhal Doctor Lane Patherghata, Chittagong informant Assistant Sub-Inspector Md. Abdul Aziz went to the said place and found the dead body o..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....Ali were convicted under section 302/34 of the Penal Code and sentenced to transportation for life each by Mr. Md. Rezaul Haque, Additional Sessions Judge, 2nd Court Rangpur by his judgment and order dated 19-8-81 in Sessions Trial Case No.52 of 1981. 2. Appellant Zaheda Begum was the info....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......981. Judgment Mustafa Kamal J.- Appellants Zaheda Bewa @ Zaheda Begum and Shah Md. Ali alias Shaheb Ali were convicted under section 302/34 of the Penal Code and sentenced to transportation for life each by Mr. Md. Rezaul Haque, Additional Sessions Judge, 2nd Court Rangpur by his judgment ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....No. 1. A.W. Bhuiyan, Additional Attorney-General, instructed by B.Hossain, Advocate-on-Record—For the Respondent Nos. 2—3. Civil Review arising out of the Judgment and Order dated 3.8.83 passed by this Court in Civil Appeal No. 43 of 1983. Judgment Fazle ......rounds that since the Bank proceeded against the appellant Company's properties being treated as abandoned by the Government, the Directors pf the appellant Company were not properly served with notice and that had, therefore, no knowledge of the aforesaid title suit. As a result, they did not......ision of the Supreme Court by the Constitution of Bangladesh, vide Article 104 to do complete justice in a case, it is declared that Gannysons Limited is not an abandoned property. It should, therefore, be immediately released…………(17) Lawyers Involved: T.H. K..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... Judgment Syed Mohammed Ali J. - This appeal by the defendant No. 1 appellant is directed against the judgment and decree passed by Mr. K.A.F. Mahmood, Subordinate Judge, 2nd Court, Chittagong dated 23.12.74 in other Appeal No.25 of 1973 dismissing the defendant's appeal and affirming the...... 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 ......Munsif, 1st Court at Sadar, Chittagong in Other Suit No. 109 of 1965. 2. The respondent Nos. 1-3 as plaintiffs instituted Other Suit No. 109 of 1965 in the 1st Court of Munsif, Sadar, Chittagong for declaration that bainanama dated 15.1.63 and kabala dated 8.3.65 executed by the plaintiffs are ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....w 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 at about 11 or 11-30 A.M. Police submitted charge-sheet against 43 persons under sections ...... 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. ......t High Court Division (Sylhet Bench) (Criminal Revisional Jurisdiction) Present: Md. Abdur Rouf J Md. Abdul Muttalib J Arjuman Ali................................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judg..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....ndant No.1 married and continued to employee defendant No.1 as servant and his wife as maid servant. Being satisfied with their services she also gifted away some lands to him by two registered deeds dated 12-4-69 and 21-4-69 which were in fact obtained by the defendant No.1. Upon death of her mothe......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. ......rmani.............................Opposite-Party Judgment July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....contract for sale of the suit land. The suit land admittedly belonged to Dula Meah who transferred the same to the defendant Md. Ibrahim Khalil, respondent here, by executing a registered kabala dated 21.1.1962 for Tk. 600/- The plaintiffs alleged that the defendant executed a deed of agree......;nion of the handwriting expert was not corroborated and could not be taken as final. The learned Subordinate Judge relied on certain variations between the disputed signature and specific signatures noticed by the handwriting expert and mentioned in his report. The expert also noticed variatio......llant. A. K. M. Shafiqur Rahman—For the Respondent. Appeal from Original Decree No. 124 of 1972. Judgment Md. Altaf Hossain J. - This Second Appeal arises out of a suit for specific performance of contract. 2. Dula Meah, appellant since deceased and substituted by..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....9B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he cannot be said to have absconded or failed to appea......reason the Ex-Officio Sessions Judge took up the case abruptly on 23-10-83 and stating that the accused persons have not turned up ordered that they be tried in absentia and without any intimation or notice to the accused for 1-11-83 for trial. The order dated 23-10-83 passed by the Ex- Officio Sess......minal Procedure (V of 1898); Section 339B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he cannot be sa..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
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