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Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)

....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......peal Jurisdiction) Present: F.H.M. Habibur Rah­man J S. Mohammed Ali J Kala Meah (Member)………………………Appellant Vs. The State........................................ Respondent Judgment July 22, 1......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..

Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1

Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)

....d order dated 23.3.83 passed by Mr. S.H. Bahar, Assistant Sessions Judge, Jhenidah in Sessions Case No.287 of 1981 (Trial S.C. No.78 of 1982) convicting the accused appellant under section 392 of the Bangladesh Penal Code and sentencing him to suffer R.I. for 7 years and to pay a fine of Tk. 1000/- ......ivision (Jessore Bench) (Criminal Appellate Jurisdiction) Present: A. Matin Khan Chowdhury J M. S. Ali J Tota @ Tofayzel Hossain...........................Appellant Vs. State.....................................................Respondent Judgment Jul......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ......its case against the accused appellant………(15) Cases Referred to- Iman Ali and another Vs. the state, 25 DLR 407; Gulbeg and others Vs. The State, PLD 1975, Karachi 275; Md. Anwar and others Vs. The State, PLD 1966 Lahore 643; Habibullah and others Vs. The State, PLD 19..

Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6

Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)

....de of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Line Ltd., 28 DLR 231; Unimarine S.A. Panama Vs. Bangladesh, 31 DLR(AD) 112; Haji Mohammudin & Company Vs. The Eastern Japan Trading Company (192......vil Revisional Jurisdiction) Present: F. H. M. Habibur Rahman J S. Mohammad Ali J Eastern Maritime & Trading Corpora­tion...…………Appellant Vs. Sea Trade & Cons­truction Limited....……………&helli......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49.   ......hammad Habibur Rahman J.- This appeal at the instance of defendant appellant Eastern Maritime and Trading Corporation, Djibouti, is directed against the judgment and order dated 29-1-84 passed by Mr. Md. Shamsher Ali, Subordinate Judge, 3rd Court, Chittagong in Money Suit No.3 of 1984 which is in th..

Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5

Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)

....r No.34 of 1982 before the Court on 22.11.82 for con­donation of delay in holding the annual general meetings. The admission of Matter No.34/82 was however advertised in the newspapers and in the Bangladesh Gazette and it was open to the petitioner to oppose this application or to put forward hi......upreme Court High Court Division (Dhaka Bench) (Civil Original Jurisdiction) Present: Mustafa Kamal J Motiur Rahman......................................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, ...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41.         ...... Co. Ltd., Bellary Vs. V. Gopal Chetti, A.I.R. 1932 (P.O.) 1. Lawyers Involved: Badruddin Ahmed with Sk. Abul Hossain and Syed Moynul Huq— For the Petitioner. Rafique-Ul-Huq with Md. Fazlul Haque— For the Respondent. Matter No. 14 of 1982. Judgment Mustafa K..

Category: Company Law | Date: 26 Apr, 1984 | Hits: 6

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

....dgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporation. Vs. Mahabub Hossain, 29 DLR (SC) 39; 35 DLR 244; 13 DLR at ...... High Court Division (Jessore Bench) (Civil Revisional Jurisdiction) Present: Anwarul Hoque Chowdhury J Sarder Ahmed Ali................................Petitioner Vs. G. M. Ali Boksh and ors.........................Opposite-party Judgment April 12,...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7.   ......341;Vithoba Bhanji Vs. Vithal Sakroo, AIR 1958 (Bom.) at page 27; Abdur Rashid Vs. Hari Pada Sarker, 22 DLR at page 668. Lawyers Involved: Shaikh Razzaque Ali—For the Petitioner. Md. Abdur Rahim—For Opposite party No.1. Md. Latifur Rahman—For Opposite party No.1..

Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4

Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)

....d between two students on one side and Serang and his clerk alongwith the Ansars who were on duty on the other side. After lodging the F.I.R. a case was started under sections 342/324/365/367/323/326 Bangladesh Penal Code being Daulatpur P.S. Case No.35 dated 27.9.83 corresponding to G.R. Case No.10...... A.M. Khan Chowdhury J M.S. Ali J Rafiqul Islam & others……………………………………Petitioners Vs. Md. Abdul Hoque & another…………………&helli......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47.   ......an Chowdhury J M.S. Ali J Rafiqul Islam & others……………………………………Petitioners Vs. Md. Abdul Hoque & another……………………&hellip..

Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1

M/s. Haque Bro­thers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)

....wdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Haque Bro­thers (Carbide) Ltd. ...............Petitioner (In both the cases) Vs. Bangladesh Shilpa Rin Sangstha & others. .........Respondents (In both the cases) Judgment......Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Haque Bro­thers (Carbide) Ltd. ...............Petitioner (In both the cases) Vs. Bangladesh Shilpa Rin Sangstha & others. .........Respondents (In both the cases) ...... Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......985) 47. ..

Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105

Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)

....16.7.77 appear anywhere. The only date that is written at the bottom of the first page of the two page agreement Ext. 2 is 25th July, 1977). The plaintiff who is the Deputy Chief Mechanical Engineer, Bangladesh Railway Chittagong took House Building loan from the Railway Deptt. for payment of the ba......  ......he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221       ......—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221       ..

Category: Property Law | Date: 1 Apr, 1984 | Hits: 2

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 292     ......High Court Division (Civil Appeal Jurisdiction) Present: Mohammad Habibur Rahman J Syed Mohammad Ali J Trustees of the Port of Chittagong.......................Appellant Vs. K. Mahbub Hossain & others..............................Respondent Judgment M......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 292     ......b Hossain & others..............................Respondent Judgment March 14, 1984. Result: The appeal is dismissed. Cases Referred To- Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364; Central Bank of India Ltd. Vs. M/S-Jan Md. Hazi Ismail 17 D..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)

.... Procedure Code. Accord­ing to him no interference is required to be made in the order of learned Sessions Judge. 6. It appears that an application was made before the then Prime Minister of Bangladesh on 3-5-73 alleging that four per­sons were kidnapped by the petitioners on 13-1-73 fr......Division (Jessore Bench) (Criminal Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Nurul Islam & others....................................Petitioner Vs. The State...................................................Respondent Judgment M......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ..........................Respondent Judgment March 11, 1984. Result: The Rule is discharged. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another, 14 DLR 96; Md. Mostafa Chowdhury Vs. Lila Rani Naundi, 22 DLR 199; Habibullah Chowdhury Vs. Abdul Kader Howlade..

Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3

Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)

....ite Party Judgment March 6, 1984. Result: The Rule is made abso­lute. Cases Referred to- Abdul Mannan and others Vs. Kulad Ranjan Mawali and others, 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani Biswas and ors, 32 DLR (AD) 233; Abu Bakkar Vs. Nasir Ahmed, 34 DLR (......) 90. ...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......ll bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ..

Category: Property Law | Date: 6 Mar, 1984 | Hits: 119

Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)

....ult: The appeal is allowed in part. The Rules are discharged. Cases Referred to- National Bank of Pakistan Vs. Kushtia Sugar Cane Mills, 29 DLR 32;Goutam Ranjan Sen and others Vs. Bangladesh and others, 1981 BLD (A.D.) 126 Lawyers Involved: A. K. M. Shafiqur Rahman with......h Court Division (Civil Revisional Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mo­hammed Ali J Priyatosh Talukder.................................Appellant Vs. Asstt. Custodian of Enemy Property.............Respondent Judgment March 4, 1984....... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree.  Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153     ...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree.  Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153     ..

Category: Property Law | Date: 4 Mar, 1984 | Hits: 4

Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)

....0/- annas share in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.13 and Hashem ......27   ......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127   ......ed. Specific Relief Act, 1877; Section 42; Code of Civil Procedure, 1908 (CPC), Section 115(1) Lawyers Involved: Hemayetuddin Ahmed with P.C. Guha—For the Petitioner. Md. Nizamul Huq with Moslem Alt Howlader—For Opposite-party Nos.1-3. Civil Revision No. 5..

Category: Property Law | Date: 6 Feb, 1984 | Hits: 4

Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)

....so Subordinate to the High Court Division or to the Civil Court. 6. The Waqfs Ordinance is a special statute governing the law relating to the administration and management of waqf properties in Bangladesh. When the Administrator passes an order under Section 32 of the Waqfs Ordinance......evisional Jurisdiction) Present: Mustafa Kamal J Golam Ataher Chowdhury………………………………..Petitioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment J......der of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 56; 4 BLD (1984) (HCD) 130   ......titioner Vs. Administrator of Wakfs & others...................Opposite parties Judgment January 24, 1984. Result: The Rule is discharged Case Referred to- Md. Khorshed Alam Vs. Amir Sultan Ali Haider, 21 D.L.R. 799 Lawyers Involved: Md. Jamirudd..

Category: Administrative Law, Trust/Waqf Law | Date: 24 Jan, 1984 | Hits: 1

Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)

....rder of stopping the proceeding and releasing the accused-opposite-parties has been challenged in these two rules. 3. Mr. A. F. M. Shahid, the learned Assistant Attorney General has appeared for Bangladesh, the petitioner in Criminal Revision No.140 of 1983 and Mr. Azizur Rahman Chowdhury, the ......rt High Court Division (Criminal Revisional Jurisdiction) Present: Sultan Hossain Khan J Md. Abdul Rouf J Md. Suruj Mia..................................Petitioner Vs. Katu alias Abdul Latif & others.................Opposite parties Judgment Jan......dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......e. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ..

Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

....O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state 35 DLR (A) (D) 329; Baksu Mia Vs. Government of Bangladesh 30 DLR (SC) 228. Lawyers Involved: A.K.M. Shafiqur Rahman-For the Peti­tion......ourt High Court Division (Criminal Revisioal Jurisdiction) Present: Md. Habibur Rahman J Syed Mohammed Ali J Nazir Ahmed & others.....................Petitioner Vs. The State.....................................Opposite parties Judgment January 3......ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ...... Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2

I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)

....CD) 114     ...... High Court Division (Civil Appellant Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mo­hammad Ali J I.C.I. (Bangladesh) Ltd.......................Appellant Vs. M/s. G. K. Brothers...........................Respondent Judgment December 13, 19...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ...... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8

Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)

....Japan (hereinafter cal­led Taiwai) became a share holder of the res­pondent No.1 Company Taiwa was holding in its own name 6993 shares of Tk. 100/- each amounting to a total of Tk 699,300.00. Bangladesh share-holders were holding 19.00/ share amounting to a total of Tk. 19, 00,700.00. 5......   ......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ......pany and with regard to the petitioner No.1 himself can be gathered. It is stated that there was a Promoters Agree­ment dated 26.6.1961 between the Japanese investors headed by Tafwa Co. Ltd. and Md. Alauddin, Proprietor of Messrs Alauddin and Brothers, Dhaka launching the respondent company in ..

Category: Company Law | Date: 24 Nov, 1983 | Hits: 4

Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)

....tly allowed. In the result, the appeal is dismissed with­out any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......ision (Civil Revisional Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mo­hammed Ali J Sultan Ahmed and others......................Appellant Peti­tioners Vs. Md. Islam & others……………………&hell......tly allowed. In the result, the appeal is dismissed with­out any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ...... (Civil Revisional Jurisdiction) Present: Mohammed Habibur Rahman J Syed Mo­hammed Ali J Sultan Ahmed and others......................Appellant Peti­tioners Vs. Md. Islam & others………………………&helli..

Category: Property Law | Date: 20 Nov, 1983 | Hits: 88

Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)

....used simply on the ground of the absence of the complainant or his witnesses. (Mobarak Ali Gazi Vs. Mokbul Sardar, 23 DLR 96). 12. Recent substantive changes in the Code of Criminal Procedure in Bangladesh have not made any difference in the legal position in so far as the trial of a case be&sh......ision (Rangpur Bench) (Criminal Revisional Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J Md. Taheruddin......................................Petitioner Vs. Abul Kashem & others.............................Opposite-Parties Judgment No......et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ......is Case is also Reported in: 37 DLR (HCD) (1985) 107. ..

Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4