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

....r of the opposite party No.1, in the Court of Magi­strate, First Class, Chittagong on 14.7.76, i.e. 8 years before the present election dispute arose. The Tribunal found a number of overwritings especially in the dates and there­fore rejected the affidavit Ext. B as con­cocted for the pu......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145.                   ..

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

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....ided in the newly inserted sub­sections of section 167 Cr.P.C. Since none of the newly inserted sub-sections Including sub-section (7A) of section 167 applies in this case in view of the specific special pro­visions made by the law makers in section 35 (c) of Ordinance No.XXIV of 1982, the q......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152.     ..

Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1

Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)

....1985. (From the Judg­ment and Decree passed by the High Court Division, Rangpur Bench on 21-6-84 in First Appeal No.122 of 1981.) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and decree passed by the High Court Division, Rangp...... (From the Judg­ment and Decree passed by the High Court Division, Rangpur Bench on 21-6-84 in First Appeal No.122 of 1981.) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and decree passed by the High Court Division, Rangpur Bench..

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

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

.... came into force. In all cases which are not triable by the Subdivisional Magistrates or the Upa­zila Magistrates, but by Courts of Sessions or by the Special Judges or by Special Tribunals under special enactments the First Information Reports are sent by the Police to the Sub-Divisional Magist...... to be set at liberty forthwith, if not wanted in connection with any other case." 3. Against the said judgment and order of the Division Bench of the High Court Division an application for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the appeal was numb..

Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....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

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

....ition of joint properties comprising agricultu­ral land, homestead and pond and the defen­dants are admittedly co-sharers by inheritance with the plaintiffs through common ancestor and unless special circumstances are proved there cannot by any appointment of receiver. In the case of Faiz Ah...... 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. ..

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

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

....R Pal, Senior Advocate, instructed by Kazi Ebadul Hoque, Advocate-on-Record-For the Respondent. Civil Revision No. 69 of 1985. Judgment Badrul Haider Chowdhury J.- In this petition for special leave the point for consideration is the implication of report under Order 26, rule 10 of th......enior Advocate, instructed by Kazi Ebadul Hoque, Advocate-on-Record-For the Respondent. Civil Revision No. 69 of 1985. Judgment Badrul Haider Chowdhury J.- In this petition for special leave the point for consideration is the implication of report under Order 26, rule 10 of the Civil ..

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. ..

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

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

.... Ramchandra, A.I.R. 1933 (Bomb) 409, in aid of his submission that Section 439 Cr.P.C. can be called in aid by the High Court to quash the proceeding of sub­ordinate Court. This is a case under a special statute and concerns the proceeding of a special Court set up under the Emergency Powers Ord......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     ..

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.   ..

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

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

.... order to decide whether this section is applicable to the present case it is necessary to read it with section 29(2) of the Limitation Act which reads as follows:— “29(2). Where any special law pre­scribes for any suit, appeal or applica­tion a period of limitation differen......ndoned under section 5 of the Limitation Act.  Section 5 of the Limitation Act reads as follows:— "5. Any appeal or application for a revision or a review of judgment or for leave to appeal or any other application to which this section is made applicable by or under any en..

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. ..

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

Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)

....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.   ......rised of a facsi­mile of a rose flower in the background of a white sun disk with words ''Golap Ball Saban" around the upper portion of the border and a specimen of a flower with two leaves set in a tub with borders written "Pubali Soap Fac." and at the bottom of the borde..

Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7

H.N. Fabrics Ltd. Vs. Mallick Textile Indus­tries and others, 1985, 14 CLC (AD)

.... (From the judgment and decree dated 29-7-1984 passed by the High Court Division, Dhaka Bench in F.A. No. 221 of 1981.) Judgment Badrul Haider Chowdhury J.— In this peti­tion for special leave the only question is whether there was an agreement for sale of the suit property whi......he judgment and decree dated 29-7-1984 passed by the High Court Division, Dhaka Bench in F.A. No. 221 of 1981.) Judgment Badrul Haider Chowdhury J.— In this peti­tion for special leave the only question is whether there was an agreement for sale of the suit property which could..

Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288

Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)

....Court and not a persona designata. It therefore follows that he has all the powers and authority of a civil Court and he is guided by the Code of Civil Procedure unless his power is restricted by any special provision of any special statute. 6. Originally, there was no provision of appeal again......gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ..

Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

....ll not invested with the powers under section 190(1) (a) and (b) of the Code of Criminal Procedure. Section 190(1) (a) and (b)of the Code of Criminal Procedure provides inter alia that any Magistrate specially empowered in this behalf may take cognizance of any offence (a) upon receiving in writing ......r of the Criminal Court and others not to work in the Court of the Munsif-Magistrate and thereby the normal judicial works of the Court suffered. 3. That the said U.N.O. also interfered with the leave and annual vacation of the said Munsif-Magistrate. On this matter, the said Munsif-Magistrate ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

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

....y;sion or statement is "tendered" or "received in evidence". The Privy Council in Nazir Ahmed's case deprecates the practice of examining Magistrates and Judges except in special circumstances such as those provided for by section 533 Cr.P.C. If not examined in special c......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

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

....mpany under the provi­sions of the Company Act in the territory now comprising Bangladesh, it can, in no circumstances, be declared as an abandoned property………(16)  In view of special circumstances in this case, and by virtue of the power conferred upon the Appellate Divisio......vernment under the provisions of P.O. No.16 of 1982. On the settlement of this contention lies the solution and remedy of the appellant-petitioners. 9. On these contentions. Court granted leave to hear the petition for review against its judgment in Civil Appeal No. 43 of 1983 disposed ..

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

Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)

....he judgment and order dated 6.2.84 passed by the High Court Divisions, Dhaka Bench in Revision Case No. 434 of 1983.) Judgment Badrul Haider Chowdhury J. — This appeal directed by special leave against the judgment and order of the High Court Division dated 4.9.83 in Civil Revis......ent and order dated 6.2.84 passed by the High Court Divisions, Dhaka Bench in Revision Case No. 434 of 1983.) Judgment Badrul Haider Chowdhury J. — This appeal directed by special leave against the judgment and order of the High Court Division dated 4.9.83 in Civil Revision No...

Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199

Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)

....ule 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 about the evidence of a particular witness which has escaped the trial Judge's n......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.         ..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2