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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. ......yed 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. ......orted in 1981 BLD (AD) 329, their lordships of the Supreme Court, Appellate Division in the relevant portion of the judgments held thus:- "The question involved is whether the learned Judges of the High Court Division after finding that the order of cancellation was vitiated as ..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. ......ment AM Mahmudur Rahman J.- This Rule at the instance of the plaintiff-petitioner is directed against the judgment and decree dated 23.1.1983 passed by the learned Additional District Judge, 2ad Court, Patuakhali in Title Appeal No.22of 1981 reversing those of the learned Munsif, Bar..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
....t accused petitioner Ruhul Amin recommending discharge of accused Delwar Hossain and 21 others who were accordingly discharged on 15.1.79. On 9.3.81 accused Ruhul Amin surrendered before the Sub-Divisional Magistrate, Sadar (North), Chittagong in this case. The Sub-Divisional Magistrate allowed......3 for framing of the charge. On 13.2.83 the learned Additional Sessions Judge passed the following order: "In view of the Gazette Notification No.52 dated 4.8.82 let the case be sent to the Special Martial Law Court No.3 at Chittagong for favour of disposal. Note in the relevant Register.&...... J.—This Rule was issued on 24.11.85 at the instance of the accused petitioner calling upon the Deputy Commissioner. Chittagong to show cause why the order dated 10.11.85 passed by the Sessions Judge, Chittagong in Sessions Trial Case No.103 of 1981 rejecting the petition of accused Ruhul Amin..Category: Criminal Law, Procedural Law | Date: 19 Mar, 1986 | Hits: 3
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....on 6(5) (b) of the Muslim Family Laws Ordinance 1961 was set aside and the accused respondent was acquitted. 2. The appellant Most Ayesha Sultana @ Minu made a complaint on 2.4.81 before the Sub-Divisional Magistrate Narayanganj saying that she was married to accused Shahjahan Ali according to ......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. ......riminal Appeal No. 314 of 1983. Judgment Amia-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 19.9.83 passed by Mr. Md. Abdul Kadir Khan, Additional Sessions Judge, 3rd Court, Dhaka in Criminal Appeal No.192 of 1982 by which the said appeal was allowed, the ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Abdul Awal Vs. Abdul Mannan & another, 1986, 15 CLC (AD)
.... and, among other things, caused the death of four persons by gun-shots. The police after investigating the case submitted charge-sheet against 41 persons excluding the petitioner Abdul Awal. The Sub-Divisional Magistrate did not accept the charge sheet in the case of the petitioner but was satisfie......ructed by N. H. Khondkar, Advocate-on- Record—For the Petitioner. Aminul Huq, Advocate-on-Record—For the Respondent No. 1. Not represented—Respondent No. 2. Criminal Petition for Special Leave to Appeal No. 85 of 1935. (From the judgment and order dated 20.5.85 passed by th...... the police to include Abdul Awal in the 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..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. ......s application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the order of the Additional Sessions Judge, 2nd Court, Dhaka in Criminal Revision No.316 of 1983 under sections 435 and 438 of the Code o..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)
....an J.- By an application under section 435 read with section 561A of the Code of Criminal Procedure, the Petitioner obtained this Rule to challenge the order dated 11.6.80 passed by the Sub-Divisional Magistrate (S) Dhaka staying the proceeding of Kotwali P.S. Case No.6(2)79 under sec...... 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. ......al case made a prayer for stay of the proceeding of the criminal case pending disposal of the Civil Suit i.e. title Suit No.48 of 1973 which has been pending in the 3rd Court of Subordinate Judge, Dhaka. The impugned order was passed by the learned Sub-Divisional Magistrate (S), Dhaka stay..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. ......rising out of an election petition. The Election Tribunal set aside the election and declared the petitioner to be the elected Chairman of the concerned Union Parishad. The learned District Judge, Feni on appeal reversed the judgment and order of the Election Tribunal and upheld the e..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....ntity of salt worth Taka 1, 50,468.75. Accordingly, Banshkhali P.S. Case No.2 dated 2.3.82 was started under section 407 of the Penal Code giving rise to G.R. case No.127 of 1982./15 of 1982. The Sub-Divisional Magistrate received the F.I.R. on 4.3.82. On 31.1.84 the Sub-Divisional Magistrate, Patiy......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. ....../P/A.” 4. On 22.4.84 accused Alhaj Mamtaz Meah was produced before the Upazila Magistrate under arrest and was released on bail. On 15.5.84 the accused petitioner moved the Sessions Judge, Chittagong being Criminal Motion No.297 of 1984 praying for setting aide the order dated 21.4..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)
....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. ......decree passed by the High Court Division, Rangpur Bench, First Appeal No. 122 of 1981. 2. Respondent as plaintiff filed the suit being Other Class Suit No. 10 of 1972 in the Court of Subordinate Judge, Rajshahi, for specific performance of contract dated 5. 8. 1970. The contract was for selling..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....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 the Penal Code in the Court of the Sub-Divisional Magistrate, Sadar (North), Chittagong. On 22.6.77 the Sub-Divisional Magistrate, Sadar (N......in calling upon the Deputy Commissioner, Chittagong to show cause why the order of conviction and sentence passed by Mr. S. M. Serajul Moula, Member, Appellate Tribunal, Chittagong on 21.6.80 in Special Appellate Tribunal Appeal Nos.22 and 23 of 1979 convicting accused petitioners Sakya Pada Ba......85 that in spite of abatement of Criminal Appeal No.13 of 1981 the accused persons had not surrendered. This Court accordingly directed the accused petitioners to surrender to the Additional Sessions Judge cum Special Tribunal No.III, Chittagong in pursuance of the order passed on 21.6.80 by the Mem..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. ......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. ......, by its judgment and order dated 19.11.84 against which the elected Chairman i.e. the opposite party Abul Bashar Majumder preferred Election Tribunal Appeal No.14 of 1984 before the learned District Judge, Comilla. The appeal was fixed for hearing on 7.5.85. 3. The petitioner, being respondent..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. ......ke out any specific case the District Magistrate Chittagong at the instance of the police arbitrarily and illegally passed order on 25-10-84 for detention of the detenu under section 3(2) of the Special Powers Act, 1974. The order of the detention passed by the District Magistrate, Chittagong i......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... the Appellants. First Miscellaneous Appeal No. 30 of 1985. Judgment Md. Abdul Jalil J.— This appeal is directed against the order dated 21.8.85 passed by the learned Subordinate Judge, Patiya in Partition Suit No.270 of 1984 rejecting the application for appointment of a receiv..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
....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. ....... Judgment Fazle Hussain Mohammad Habibur Rahman J.—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Trial Case No.6 of 1984 convicting accused appellant Noor M..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. ......des thus: "Notwithstanding the time specified in section 339C of the said Code, trial of any case pending, on the commencement of this Ordinance, before a Magistrate or a Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge shall continue and be concluded before ..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. ......which provides thus: "Notwithstanding the time specified in section 339C of the said Code, trial of any case pending, on the commencement of this Ordinance, before a Magistrate or a Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge shall continue and be concluded before ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....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. ......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. ......g the construction made by the petitioner, confirmation of possession in lot No. 1 of the suit properties and for permanent injunction. 3. On the prayer of the plaintiff, the learned Subordinate Judge appointed two separate Advocate commissioners to hold local investigation and local inspection..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... 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. ....... 34 of 1985 Judgment Fazle Hussain Mohammed Habibur Rahman J.—This Rule was issued on 14.8.35 upon the Deputy Commissioner, Chittagong asking him to show cause why the proceedings in Special Tribunal Case No.17/85 now pending in the Court of Special Tribunal No.1, Chittagong should ......to the Upazilla Magistrate Patiya. 3. The Special Martial Law Court No.2 (after the functioning of the Martial Law Court were stopped by C.M.L.A) transmitted this case ultimately to the Sessions Judge and Ex-Officio Special Tribunal No.1 (Mr. Badruzzaman) for disposal and his impugned order No...Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)
....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. ...... the State. Criminal Appeal No. 303 of 1983. Judgment Amin-Ur-Rahman Khan J.— By a judgment and order dated 8.9.1983 passed in Sessions Case No.73 of 1983 the Additional Sessions Judge, 2nd Court, Mymensingh convicted the two appellants under sections 302/34 of the Penal Code an..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
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