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Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
.... Reported in: 39 DLR (HCD) (1987) 78. ......ar positively." Clause (iii) of the lease agreement stated that the lessee shall have to abide by all other terms and conditions as framed or that may be framed by the Government from time to time and any deviation from any of the terms and conditions will make liable for cancel......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
.... Result: The Rule is discharged. Case Referred to- Gendha Bepari Vs. Abdul Mansur Mia and ors, 19 DLR 349; Tarkeswar Prasad Tewari Vs.Devendra Prasad Tewari, P.L.D. 1957 (Lah) 1951; Katikineni Venkata Gopala Narasshima Vs. Chitluri Verikataramayya, 1940 (Mad) 768; P.L.D. 1967 (Lah)1......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. ......ose of the learned Munsif, Barguna made in Title Suite No.7 of 1974. 2.The plaintiff instituted this suit for establishment of title and confirmation of possession or in the alternative for recovery of khas possession in the suit land and for a declaration that the order made in veste......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. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....l Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Ruhul Amin........................................Petitioner Vs. The State..........................................Opposite party Judgment March 19, 1986. ......uot; 3. The record was received by the Additional Sessions Judge, 2nd Court on 11.3.81. The accused petitioner appeared before the learned Additional Sessions Judge on 13.4.81 for the first time and was granted bail. On 6.7.81 the accused petitioner did not appear. The ad-interim bail of t......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. ..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ...... was that as the complainant, after giving birth to a dead child remained ill so the accused took her permission and then married the second wife Rahima with the consent of the appellant and for some time lived with both the wives together. He thus committed no offence. Five witnesses were prod......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. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
....rding to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ...... charge-sheet; this order was treated as an order taking cognizance against him. This order was challenged by the petitioner successfully before the Sessions Judge who set it aside. But at the same time the learned Sessions Judge observed that the Magistrate might proceed against the petitioner un......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ......ses in the same court according to the proceeding governing trials of cross-cases. The petition is dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 254. ..Category: Criminal Law | Date: 16 Mar, 1986 | Hits: 77
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
.... in: 38 DLR (HCD) (1986) 105. ......ayment. Apart from that in the same decision which is relied upon by Mr. Mozammel Huq Bhuiyan also it was held that "even in the case of the postdated cheques intention of the drawer at the time the cheque is issued is a material test and if it appears from the circumstances of the drawer ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
....I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......se to the prejudice of the petitioner. 4. Section 344 of the Code of Criminal Procedure provides that the Court may if it thinks fit by order in writing and stating the reasons thereof from time to time postpone or adjourn the same on such term as it thinks fit for such time as it consider...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
.... Result: The 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 th......of Secondary and Higher Secondary Education, Comilla, Ext. 4. It showed that the opposite Party No.1 was born on 12.6.61. The petitioner as P.W.1 also stated in his cross-examination that at the time of scrutiny of nomination papers he filed an objection as to the age of the opposite party No.1......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. ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....sent: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Alhaj Mamtaj Meah…………….……...........Petitioner Vs. The State.........................................Opposite party Judgment January 30, 1986. ......l Magistrate, Patiya without any report from I.O. Perused the papers on record. It appears that the case (was) instituted on 2.3.82 and the I.O. remained sitting idle over the (muter) till today. The time of investigation already ended much earlier as per amendments of section 167 of the Cr.P.C. On ......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. ......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)
....in 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......out a case within the ambit of item-1. In other words, no case has been made out to say that the contract if enforced will "give the plaintiff an unfair advantage over the defendant.” At the same time in terms of section 22 "the court is not bound to grant such relief merely because it is lawful......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....visional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. ......an application for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the appeal was numbered in the Appellate Division as Criminal Appeal No.13 of 1981. In the meantime by the Proclamation of 24th March, 1982 it was provided that all proceedings arising out of and......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
.... Vs. Secretary, Ministry of Home Affairs & 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, 2......m the detenu of his right of making such representation and the detaining authority also contravened the provisions of section 8(2) of the Special Powers Act, 1974 by not communicating grounds at the time he was detained or within fifteen days from the date of detention to the detenu and has not com....... At their instance the police arrested the detenu under section 54 Cr.P.C, on 22nd October, 1984 and thereafter submitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenu interrogation was necessary and acc......nstance the police arrested the detenu under section 54 Cr.P.C, on 22nd October, 1984 and thereafter submitted the report to the Chief Metropolitan Magistrate, Chittagong stating that for recovery of arms suspected to be in the possession of the detenu interrogation was necessary and accordingly mad..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....D) (1986) 111. ......t 1½ mile away from the house of his father-in-law P.W.3 Khuillya Mean. Lutfunessa was murdered in the night of 5.9.83. On 6.9.83 when P.W.3 Khuillya Meah was taking tea in a tea-shop, at that time one Abdul Motaleb came and told P.W.3 Khuillya Meah that his daughter Lutfunessa after a q......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. ..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....ed in: 38 DLR (HCD) (1986) 8. ......-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 339B (2) Cr.P.C. and tried him in absentia.......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. ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......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. ...... 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
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
.... 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. ......consideration is the implication of report under Order 26, rule 10 of the Civil Procedure Code. 2. Defendant is the petitioner. The plaintiff-respondent filed a suit for declaration of title and recovery of khas possession after demolishing the construction made by the petitioner, confirmation ......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. ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....J Md. Abdul Jalil J Abdur Razzak & others……………………………………Petitioners Vs. The State………………………………&......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. ...... 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)
.....-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17. ......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. ......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)
.... 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 of......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. ......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)
....Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......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. ......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
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