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Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....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.   ......, Jamal Hossain, Nurul Islam, Md. Alam and Md. Idris along with 10/15 others took away from complainant's land paddy worth Taka 3000/- from his possession and that the paddy was grown by him. The Police investigated into the case and submitted final report. The Sub-Divisional Magistrate accep&sh......Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23, 1985. Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Niaz Muhamm..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)

....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. ......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

Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)

....t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ......t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ......t the order may be stay­ed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30.       ......Chittagong the plaintiff would have nothing within the jurisdiction of this Court to recover the loss suffered by him. Except the ship m. v. CHERRY ORIENT, the defendant No.1 has no other property in Bangladesh from which the claim of the plaintiff could be satis­fied. On that application this C..

Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7

Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)

.... 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. ...... Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addi­tion of Bangladesh Railway and its General Manager as defendants in the suit. 2. The plaintiff opposite party filed the said suit ...... 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. .......98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addi­tion of Bangladesh Railway and its General Manager as defendants in the suit. 2. The plaintiff opposite..

Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

....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.   ......77; Lal Girjesh Bahadur Pal Vs. Chaudhari Bhangwati Prasad, AIR 1942 Allahabad (F.B.) 153. Lawyers Involved: S. C. Das— For the Petitioner. Kazi Shafiuddin Ahmed, Deputy Attorney-General with Amirul Kabir Chowdhury— For the State. Maqbul Ahmed— For the Complaina......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.   .......C. They also drew our attention to the Establishment Division Notification No.ED/FA-52/82-466 dated 8.9.82 investing U/S. 29C of the Code of Criminal Procedure all Additional District Magistrates of Bangladesh with powers to try as Magistrate all offences not punishable with death or with transport..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)

....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. ......ot;persona designata". This finding of the learned Judge has not been seriously challenged before me by the learned advocate for the petitioner. Moreover sub­section (15) of Section 3 of the General Claused Act reads as follows:— ''District Judge" shall mean the judg......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)

....ry Report dated 23-12-83 prepared by the said Upazilla Education Officer and the Upazilla Health and Family Planning Officer. Annexure 'E' is another complaint dated 25-12-83 by the Assistant Inspector of Co-operative, Chilmari Upazilla containing some allegations against the Munsif-Magistra......Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Rahman&md......he hatch a conspiracy against the Munsif-Magistrate after issuance of the Contempt Rule to assault him. The allegations of the Munsif-Magistrate were enquired into by the Additional Superintendent of Police, Kurigram on 10-4-84 and by the Additional Depu­ty Commissioner (General), Kurigram on 15...... before us Notification No. JAIV/19/83-956 dated 10-11-83 and Notifica­tion No.JAIV/19/83-956 dated 10-11-83, both issued by the Ministry of Establishment and Re-organisation of the Government of Bangladesh. The first Notification vests the Munsif-Magistrate Mr. K.M. Zulfiquer Ali, Chilmari, Ran..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)

....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.   ......e, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. Lawyers Involved: Marfat Ali with Md. Altafur Rahman— For the Condemned Prisoner. Sultan Ahmad, Deputy Attorney-General with Mokhter Hossain and Quazi Akhter Hossain, Assistant Attorney-General—For the Stat......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.   ......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

Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)

.... 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. ......f East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Wazir Ali. Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50.   Lawyers Involved: Sultan Ahmed, Deputy Attorney-General—For the Petitioner. B. N. Chowdhury—For the addition of Parties. Civi...... 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)

....529 of 1983 pending in the Court of the Chief Metropolitan Magistrate, Chittagong arising out of Kotwali P.S. Case No.67 (4) 83 should not be quashed. 2. On 29.4.83 Md. Abdul Aziz, Assistant Sub-Inspector of Police lodged an F.I.R. at Kotwali P.S, Chittagong stating that, in pur­suance of K......Respondent Judgment October 29, 1984. Result: The Rule is discharged. Lawyers Involved: S. C. Das—For the Petitioner. Kazi Shafiuddin, Deputy  Attorney-General—For the State. Criminal Revision No. 5 of 1984. Judgment Fazle Hussain ......ending in the Court of the Chief Metropolitan Magistrate, Chittagong arising out of Kotwali P.S. Case No.67 (4) 83 should not be quashed. 2. On 29.4.83 Md. Abdul Aziz, Assistant Sub-Inspector of Police lodged an F.I.R. at Kotwali P.S, Chittagong stating that, in pur­suance of Kotwali Police......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)

..... 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.       ....... 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)

....;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   ......n of the deceased the charge against the accused appellants was not proved and was rather disproved and the entire prosecution case was doubtful. 5. Mr. Sultan Ahmed, the learned Deputy Attorney General representing the state submitted that there was no undue delay in the lodging of the F.I.R. ......ment the informant lodged F.I.R. in the afternoon of the same day. In Rajshahi Medical College Hospital Shantu died on 16.2.81. There was post mortem examination held on his deadbody at Rajshahi. The Police after investigation charge-sheeted the five accused persons and they were placed on trial bef......;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)

....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. ......cord—For the Ap­pellants. Asrarul Hossain, Senior Advocate instruc­ted by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent No. 1. A.W. Bhuiyan, Additional Attorney-General, instructed by B.Hossain, Advocate-on-Record—­For the Respondent Nos. 2—3. Ci......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. ......nysons Ltd. & another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Dis­posal) Order, 1972 (President’s Order..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)

.... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ......seriously injured died and the F.I.R. was lodged against accused opposite parties on 1.4.83 at about 9-45 P.M. alleging inter-alia that such riot took place on the same date at about 11 or 11-30 A.M. Police sub­mitted charge-sheet against 43 persons under sections 147/148/149/324/326/302/109 of ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1

Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)

....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.         ......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.         ...... allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 120; Badruddin Khan Vs. Bangladesh and another, (1984) 34 DLR (AD) 52. Involved: Mostafa Niaz Mohammad with Nirmal..

Category: Property Law | Date: 24 Jul, 1984 | Hits: 2

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. ......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. ......he Cantonment. He was then told that the dead body of his son Rabi Chndra Chakma would be sent to Lama for post mortem examination. On 31-5-83 informant P.W. 1 lodged written F.I.R. at P.S. Alikadam. Police investigated into the case and submitted charge sheet against the aforesaid five accused pers......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)

....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.   ...... is a seizure-list witness when the hurricane lump concerned was seized by the S.I. of police, he was present and he signed the seizure-list. P.W.5 Mohitul Islam, he was an S.I. of police at Jhenidah Police Station at the relevant time, who conducted the investigation, prepared the sketch map, seize......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/- ..

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

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

....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.   ......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.   ......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..

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

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

.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41.         ......since 1978. The petitioner was never called upon to function as a director. The accounts of the Company have not been properly kept and audited for presentation to the share­holders at any Annual General Meeting and no annual general meeting of the Company has been held since 1977. In 1978 the p...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41.         ......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..

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

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

....e Officer was removed from service. It was challenged. That suit was framed to the effect that the order of dismissal of the plaintiff was illegal and that the plaintiff still holds his office as Sub-Inspector. In that case an objection was taken at the initial stage of the suit as to maintainabilit...... 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.   ...... if the Court at the first instance had not exercised the dis­cretion arbitrarily which, however, is not the case here. 21. In the case of Mir Gholam Sarwar, reported in 13 DLR at page 341 a Police Officer was removed from service. It was challenged. That suit was framed to the effect that ......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 ..

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