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Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
....h Nripendra Majumdar— For the Petitioner. M. Fazlul Karim— 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. Tah...... 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. ...... 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)
....d by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ......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. ...... 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)
.... Razia Begum and another..........................Opposite-Parties Judgment December 4, 1984. Result: The Rule is discharged. Cases Referred to- Md. Mustafa Mondal Vs. State, 35 DLR 362; Nizir Ahmed and others Vs. Yunus and others, 36 DLR 93; Commissioner of Income Tax,......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. ......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)
.... Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Result: This Rule is discharged. Cases Referred to- 29 DLR (SC) at page 304; Dilumuddin Madbar and others Vs. Province of East Pakistan and others, 21 DLR at page 5......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. ......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)
....d Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26. ...... 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. ...... collapse. We cannot stand as a silent spectator to this unwarranted assault on the dignity of a Court of Law and to a blatant interference with the administration of justice at the lowest level. The arms of law are long enough to reach a contemner who acts in contumacious disregard of the dignity o..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....d Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......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. ...... his Medical Jurisprudence and Toxicology (19th Edition 1975, P. 397) that an epileptic psychosis is generally characterized by short transitory fits of uncontrollable mania followed by complete recovery. There is general impairment of the mental faculties with loss of memory and self-control. ......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)
.... Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......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. ......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)
....acated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ......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. ...... 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)
....visional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sabitri Rani Dey.....................................Petitioner Vs. The State..........................................Respondent Judgment October 29, 1984. R......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. ......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)
....;I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......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. ....... 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)
.... Court Division (Criminal Revisional Jurisdiction) Present: S. Muhammad Hussain J Amin-Ur Rahman Khan J Tayeb Ali & others. ...................Appellants Vs. State......................................Opposite parties Judgment Aug 29, 1984. Resu......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 ......;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)
....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. ...... 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. ......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)
....llowed 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.......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....... 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)
....alf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ...... 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 ...... 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)
...................................Petitioner Vs. Bunchuki Barmani.............................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 ......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......ise It is a settled principle of law that if any plaintiff seeks any declaration of any right to property and he has no possession therein he is bound to seek consequential relief by way of recovery of possession but in the present case no declaration has been sought in respect to any righ......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
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ...... evidence of the D.W.2 Abdul Malek and D.W.4 Abdur Rahman in coming to the conclusion that there was no agreement for sale. He has observed that D.Ws.2 and 4 have stated that they were present at the time of execution of the kabala and at that time no agreement was executed. It, however, appears tha......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. ......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
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
.... Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......d and the prosecution……….. (12) According to157 of the Evidence Act, former statement of a witnesses in corroboration can be proved only if it was made "at or about the time" when the occurrence took place. A statement made long after the occurrence cannot be so u......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. ......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. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....titioner Vs. Saleh Ahmed & others. ...................Opposite parties Judgment July 10, 1984. Result: The rule is made absolute. Case Referred to- Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR page 239A. Lawyers Involved: ......respect of the suit property described in the schedule of the plaint of the suit and in the alternative the plaintiffs also prayed for recovery of possession of the suit property if ousted in the meantime. 3. In the plaint the plaintiffs alleged that the opposite party No.3 (defendant No.1) Sud......ale deed, confirmation of possession and permanent injunction in respect of the suit property described in the schedule of the plaint of the suit and in the alternative the plaintiffs also prayed for recovery of possession of the suit property if ousted in the meantime. 3. In the plaint the pla...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....jid-For the petitioners. B.N. Chowdhury with P.K. Base and Mansur Habib-For the Opposite Parties. Civil Revision Case No. 1750 of 1981. Judgment Amin Ur Rahmnn Khan J. - This Rule at the instance of the defendant-petitioners is directed against the judgment and decree passed by t......accepted In reply to this objection Mr. B.N. Chowdhury submitted that for bringing a suit for partition or for making the claim under section 4 of the partition act law has not enjoined any time limit and as such the plain-tiff has a legal right to avail of the benefit of section 4&nb....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....osite party Judgment June 12, 1984. Result: The appeal is dismissed. Whether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6...... 213; 5 BLD (1985) 49. ......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. ......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. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
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