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Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)

....der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......Misc. Case No.13 of 1986. In his Court one witness was examined on behalf of the plaintiff Bank and some documents were exhibited to show that the necessary papers were lying with the Deputy Attorney General (Criminal), Dhaka for filing an appeal against the order of acquittal passed in Special ca......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ...... Present: Fazle Hussain Mohammad Habibur Rahman J Anwarul Haque Chowdhury J Md. Nurul Haque…………………………………...........Petitioner Vs. Sonali Bank of Bangladesh & another………….Respondents Judgment November 19, 1986. Result:..

Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....evidence that may be adduced before him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......tries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173). Lawyers Involved: Hemayetuddin Ahmed, Advocate -For the Petitioner. Shamsul Alam, Deputy Attorney General-For the Opposite Party No.1. A.K. Badrul Huq, Advocate -For the Opposite Party Nos.4, 7......evidence that may be adduced before him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......others……………………Opposite-parties Judgment September 16, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dull..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ...... Md. Md. Mosaddur Haque Vs. State (1958) 10 DLR (SC) 29. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury, Advocate—For the Appellant. Kaiserddin Ahmed, Deputy Attorney General—For the Respondent (State). Criminal Appeal No.119 of 1981. Judgment Dalilud......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ..

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

....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. ......(SC) 205; K.N. Guru Swami's case 1955, 1 SCR, 305 (AIR 1954 (SC) 592.) Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates-For the Petitioner. M. Nurullah, Attorney-General, M.M. Haque, Deputy Attorney General-For Respondent No.1. T. H. Khan with M. A. Wahab M......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. ......(Special Original Jurisdiction) Present: S Hossain Khan J Anwarul Haque Chowdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and ..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

....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. ......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. ......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. ...... or records of the acts— (1) of the sovereign authority, (ii) of official bodies and tribunals, and (iii) of public officers, legislative, judicial and executive of any part of Bangladesh or of the Commonwealth, or of a foreign country. 2) Public records kept in Banglades..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....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. ......9, 1986. Result: The Rule is discharged. Cases Referred to- James Gardner Vs. Edward A. Lucas, (1878) 3 A 532; Colonial Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Ma...... lodged on 30.10.78 in the F.I.R. deceased Professor Abul Faiz's step-brother Serajul Islam falsely stated that accused Delwar Hossain killed his step-brother Professor Abul Faiz by gun shot. The Police after investigation submitted charge sheet on 11.1.79 against accused petitioner Ruhul Amin r...... James Gardner Vs. Edward A. Lucas, (1878) 3 A 532; Colonial Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Al..

Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3

Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)

....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. ......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. ......s Judge overlooked the provision of law inasmuch as after the promulgation of P.O. 7 of 1972 dissolving local Council and Municipal Committees the Government of the People's Republic of Bangladesh by an Extra Ordinary Gazette Notification dated 20th November, 1972 appointed the Adminis..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)

....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. ......hich no accused is recommended to be prosecuted is ordinarily known as final report. But in fact there is no term like 'final report’ in the Code of Criminal Procedure. But this term is used in the Police Regulations to denote a report in which police after investigation do not propose to prosecut......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)

....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. ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......mmending quashment of the said Criminal Case. 3. The petitioner's case is that he was the Managing director of Dhaka Paints Limited which was the principal agent dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent..

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)

.... 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. ......y;tion 420/471/109 of the Penal Code till disposal of Title Suit No.48 of 1973 pending in the Civil Court. 2. The petitioner Mrs. Shahar Banoo Ziwar Sultan Beyed made a complaint to Kotwali Police Station on 5.2.79 stating that the Opposite party was her monthly tenant in the house No.252,......fic Performance of Contract against the present petitioner on the basis of the forged Bainapatra and also obtained an ex-parte decree by suppressing summons from the petitioner. On her return to Bangladesh she became aware of the forgery and thereupon she made an application in the Civil Court ..

Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31

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

....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. ...... The petitioner examined 5 p.ws. including himself and the opposite party No.1 examined 6 O.p.ws. including himself, O.P.w. 2 Habibur Rahman Talukder, the Presiding Officer, and O.P.W. 6 Aftabuddin, Police Officer on duty. The parties also submitted various documents. 4. The Tribunal foun......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)

....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. ...... The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refining......ion 203 Cr.P.C. as the Investigation Officer had not yet submitted the investigation report and that according the observation of the Upazila Magistrate he was lodging a fresh F.I.R. He requested the Police to take necessary action in accordance with law against the aforesaid boat carrying cont......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

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

....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. ......in and others Vs. The State, 37 DLR 59; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Colonial Sugar Refining Co. Vs. Irving, 1905 AC 369 Delhi Cloth and General Mills Co., Ltd. Vs. Income Tax Commissioner, Delhi, AIR1927 PC 242; James Gardner Vs. Edward......-10-76 and 27-10-76 in their favour and along with Joy Mohan Barua, Mostafa, Sukumar Barua. Chandra Sekhar Barua and others kidnapped Putul and that he apprehends that they might have murdered Putul. Police investigated into the case and submitted charge-sheet on 17-3-77 under section 364/34 of......udgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Abul Hossain and others Vs. The State, 37 DLR 59; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Colonial Sugar Refining Co. Vs. Irving, 1905 AC 369 D..

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

Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)

....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......ot a persona designata. Reference may be made of the case of Amir Sultan Ali Haider Vs. Mohammad K. Ali, 29 D.L.R (SC) 295. The District Judge is not only a Court but under section 3(17) of the General Clauses Act, 1897 the said expression means Judge of a principal Civil Court of Original Civ......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ..

Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2

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. ......ne, 1951 AC 66; Secretary of State Vs. Mask & Co. AIR 1940 (PC) 105. Lawyers Involved S. C. Das with Omar Hayet— For the Petitioner. A.F.M. Hasan Arif, Deputy Attorney-General with Q.A. Hossain, Assistant Attorney-General and Amirul Kabir Chowdhury— For the Stat......dacoity and robbery, etc. for which he was arrested on 22.10.84 by the police under section 54 Cr.P.C. while he along with his associates were moving suspiciously at the dead of night under Chandgaon Police Station. Considering his past record and his present constant threat to the peace and tranqui......f 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, 21 DLR (SC) 1; Baqui Baloch, 20 DL..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)

....d in mysterious circumstances and that appropriate action should be taken in this matter. O.C., Anwara P.S. on receipt of said information started U.D. Case No.2 dated 6.9.83 at Anwara P.S. P.W.1 Sub-Inspector Rafiqul Islam was asked to investigate into the case. P.W.1 Sub-Inspector Rafiqul Islam ca......ovember 29, 1985 Result: The Appeal is allowed. Lawyers Involved: M. Fazlul Karim with Amirul Kabir Chowdhury —For the Appellant. Q.A. Hossain Assistant Attorney-General —For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain ......said charges. It is true that someone must have murdered the deceased woman and suspicion is that inmates of the house of the father-in-law of the deceased know who is the murderer, but the Police has failed to find out the murderer and bring incriminating evidence against the murderer and......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)

....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. ......cing turn thereunder to a fine of Tk. 5,000/- in default Rigorous Imprisonment for 2(two) years. 2. Briefly, the facts of the case are that the petitioner lodged an F.I.R with the Motijheel Police Station being Motijheel P.S. Case No.146(10) 82 alleging, inter-alia, that the accused Opposi......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)

.... 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. ......entencing turn thereunder to a fine of Tk. 5,000/- in default Rigorous Imprisonment for 2(two) years. 2. Briefly, the facts of the case are that the petitioner lodged an F.I.R with the Motijheel Police Station being Motijheel P.S. Case No.16(10) 82 alleging, inter alia, that the accused Opposit...... 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)

.... under this Act without the accused being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a police officer not below the rank of Sub-Inspector." 7. In the instant case Mr. Siddique Ahmed Chowdury, the learned Advocate for t......Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mustafa Niaz Muhammad— For the Petitioners. Kazi Aktar Hossain, Assistant Attorney-General with Amirul Kabir Chowdhury— For the State. Criminal Revisional No. 34 of 1985 ......kub, 3. Mohd. Mohsin, 4. Rashid Ahmed 5. Kamrul Islam and 6. Abdus Sukur. Accused Nos.1-5 are in custody and accused No.6 Abdus Sukur is absconding from the very beginning. Perused the Police report. In consideration of facts stated in the police report cognizance is taken of the......llip;………..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mus..

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

Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)

....d enmity with the informant over some litigation and out of that enmity they killed Sattar and also would have killed him had he not fled. 4. The informant lodged the F.T.R. after the police Sub-Inspector went to his house. After investigation charge-sheet was submitted against the two accused ...... Result: The appeal is allowed. Lawyers Involved Shawkat Ali Khan, with Abdul Basel Majumder, Gour Gopal Shaha— For the Appellants. Gazi Abdul Mannan, Assistant Attorney-General— For the State. Criminal Appeal No. 303 of 1983. Judgment Amin-Ur-Rahma......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

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