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Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....der-sheet of the Magistrate shows that the Opposite-party surrendered himself before the Court on 12.3.83 and was enlarged on bail on the following day. The accused, however, did not turn up at the time of trial and the Magistrate proceeded under section 139B(2) Cr.P.C. and tried him in absentia. ...... 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. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....risdiction of all other ordinary Courts in respect of the offence in question by providing as follows: "26(1) Notwithstanding anything contained in the Code or in any other law for the time being in force, the offences specified in the schedule to this Act shall be triable exclusively...... 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
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....in his house. Amongst them he recognised the two present accuseds by the light of torches flashed by the miscreants. They broke open the door of the hut of his younger brother Sattar who by that time had hidden himself inside the paddy basket (Dooli). They dragged out Abdus Sattar and kill......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. ..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....Mr. Md. Ismail and Mr. Md. Manu Meah were nominees of the complainant while the defence nominated Mr. Abul Khair and Haji Md. Ilyas Sowdagar as their nominees. On 11.12.82 complainant prayed for time although the accused persons and their nominees were present. In the presence of the complainan......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)
....ittagong in C.R. Case No.173 of 1980 started on a petition of complaint 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......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. ..Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... by filing a written statement contested the suit and asserted that the plaintiff is an employee under him to run the said shop situated on the suit premises. 4. The plaintiff for the first time deposed in the suit on 17.8.1983 and on 11.9.83 the plaintiff filed an application for amendmen...... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
....oney from the plaintiff by 30.4.1979 or any other date thereafter or with the execution and registration of the deed of sale on 30.6.1979 and on receipt of the balance consideration money by which time the defendants would obtain requisite permission from the authority and necessary income tax...... 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. ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....nant was forced to write certain papers under his dictation and was forced to put her signatures on some blank sheets of paper. She was made to get herself photographed with accused Abu Taher several times. After holding a Judicial inquiry after examining some witnesses warrants of arrest were issue......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. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....eemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure prescribed, by or under any other law for the time being in force." So I hold that as there is no special provision in the Union Pa......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)
.... general file the contemner learnt that the Munsif-Magistrate was holding his, criminal file. The contemner sent Mr. Solaiman Ali, Office Assistant, to enquire of the Munsif-Magistrate if he had time to sit with the contemner to observe the procedure of holding general and police file. Mr. Sola...... 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. ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....ted charge-sheet against the condemned prisoner on 31.5.83. 4. At the trial the prosecution examined 9 witnesses and the defence none. The condemned prisoner was initially undefended at the time of trial. The learned Additional Sessions Judge appointed a learned Advocate as State defence. ......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....s brother P.W.4 Matiur Rahman and his Fufato brother P.W.3 Mahbul Hoque were returning from Khasher hat carrying in their person Tk. 20,000/- with which they went to purchase cattlehead. At that time a group of dacoits attacked them. One of the dacoits asked his brother P.W.4 Matiur for some fi......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
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....lenged the order of the petitioner in the suit on the ground that the said order has been passed illegally, arbitrarily and mala fide. Further the maintainability of the suit will be gone into at the time of full and final hearing. 7. Mr. Sultan Ahmed, the learned Deputy Attorney General has ci...... 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. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....l bond, she was released on 19.7.83. As the Police was unable to complete the investigation within 60 days from the date of lodging of the F.I.R. the Investigating Officer prayed for extension of the time for investigation for another one month and accordingly on 28.6.83 Mr. Benu Gopal Dey the Chief......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. ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....mination of P.W.5 at the trial has cured the confession of its defects, if there be any, and the confession Ext.4 read with the statement of P.W.5 at the trial will make it admissible and at the same time dependable. 15. Again the Privy Council has already warned against the possibility of cove....... 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. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....F.I.R. we find from the record that the occurrence took place at 9-30 A.M. and F.I.R. was lodged at 5-30 P.M. on the same day. There was also due explanation in the F.I.R. saying that the intervening time was spent in arranging the treatment of the fatally injured Shantu who had to be removed to Pab......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
.... 7. As against these submissions by the petitioners' Counsel, Mr. Asrarul Hossain, Counsel for the Bank, submitted that the operative part, staying the decree for 6 months was in order since time was given to the petitioners to get a release order from the Government. Since the debt is......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. ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....must be exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Procedure shall have to be exercised subject to law of Evidence for the time being in force. Discretionary power of the Court cannot be exercised for helping the litigant ...... 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...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... not valid. The plaintiffs alleged that certain officers from the Registration office came to their house for examination on commission about the execution of the kabala. The plaintiffs for the first time came to know about the kabala and bainanama on 22.3.65. After making necessary inquiries the su...... 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 ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....ntiff's mother Khata Barmani having no male member in the house, brought the defendant No.1 as a permanent servant on yearly wages for looking after and managing the landed property. In course of time she also got the defendant No.1 married and continued to employee defendant No.1 as servant and......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. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
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