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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. ......tao Desai) that in a partition suit between members of a joint family the Court will not appoint a receiver except by consent and specially where the family property consists of land. 8. In this view of the matter the judgment and order of the learned Subordinate Judge does not suffer from erro..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. ......ther of accused Noor Mohammad.) Monir Ahmed (uncle of accused Noor Mohammad), Abdul Mottaleb (distant uncle of accused Noor Mohammad) conjointly hanged her in a bamboo after causing death with a view to suppress the fact of causing death............" 15. It appears from the order shee..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. ...... sentence should be awarded to the accused for the offence under section 420 Penal Code and secondly, there ought to have been a conviction and sentence under section 406 Penal Code also in view of the Magistrate's own finding that the accused committed misappropriation of Tk. 35,..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. ......proper sentence should be awarded to the accused for the offence under section 420 Penal Code and secondly, there ought to have been a conviction and sentence under section 406 Penal Code also in view of the Magistrate's own finding that the accused committed misappropriation of Tk. 35,000/-. ..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. ......ts in the report that the CS Plot No. 181 cover an area of 0.04394 acres of RS Plot No. 99 and the said CS Plot does not cover any portion of RS Plot No. 128. 6. The High Court Division took the view that in revisional jurisdiction the court will not interfere with the discretion of the Trial C..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. ......without payment of taxes, customs duties, etc. punishable. Therefore, the Magistrate has no jurisdiction to try the present offence under sub-section 8 of section 156 of the Customs Act, 1969 in view of the clear provisions of sub-section 1 of section 26 of the Special Powers Act, 1974 ousting ..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
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. ......se 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 13.5.84 and that the ap..Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......he contiguous landholder, the latter is not entitled to pre-emption. This contention was accepted by the learned Munsif who refused pre-emption. But on appeal the learned District Judge took the view that the transfer to a co-sharer by purchase is pre-emptible and that as the transferees, thoug..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
.... the inference that it had ceased to be permissible." 11. As I have referred to above excepting the case of Hainrich Biorn which has been held by their Lordships in the case of Beldis to be erroneous, there is no case in the English jurisdiction for the last 100 years to support ......id with regard to a procedure in rem: "The arrest need not be of the ship in question, but may be of any property of the defendant within the realm". It will be appropriate to mention, this view has been disapproved by the same Court of appeal after 50 years in the famous case of 'Beld..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. ......er 6, rule 7 C.P.C. The order was passed by the learned Munsif and there is no appeal provided for before the High Court Division under the C.P.C. against the said portion of the order. Therefore, in view of the power conferred by section 115 C.P.C. this Court is competent to exercise the power and ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......a flower with two leaves in a tub. 8. All these three marks carry pictures of flowers as the central features. But there are different flowers in the three different marks, and the flower, in my view, is a part of the marks are similarities in marks are to be judged from a total view of the mar..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... 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. ......r sale of the suit property as have been deposed to by the plaintiff's witnesses were the real terms and conditions which have been agreed to by the parties on 9.1.79." And in this view of the matter the suit was decreed. 5. On appeal, the High Court Division fou..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
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. ......sposed of within a period of 180 days from the date of commencement of the Ordinance (which was substituted by the words ''360 days" by Ordinance No.LX of 1982 on 30.12.82), that in view of the aforesaid provision of law the Metropolitan Magistrate illegally and arbitrarily stopped..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
.... 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. ......regional coverage as illustrated at Annexure 1." Item No.1 of Annexure 1 shows that "Civil and Criminal Judiciary" have been retained by the Government and they are outside the purview of responsibility of the Upazilla Parishad. The Resolution also shows that the services of offi..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. ......me to furnish better evidence in this regard. As such we do not think that the defence was seriously prejudiced in this case and we also do not think that the case should be sent back for retrial, in view of lack of submission that the defence would like to adduce further evidence in support of insa..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....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. ......document is (1) that it was taken in accordance with law and that (2) the identity of the accused who made the confession has been satisfactorily proved before the Court. We are supported in our view by decisions from various jurisdictions. 11. In the case of Padam Prashad Vs. Emperor, AIR..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
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. ......principles of judicial procedure." From the observation of the Privy Council quoted above, it is clear that by the ouster clause the jurisdiction of the Civil Court cannot be excluded. This view as expressed by their Lordships has been followed in several judicial pronouncements of this co..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
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 ......e to have been proved against all the accused appellants and accordingly they were convicted and sentenced. 4. Mr. Abdul Momin Talukder, the learned Advocate for the appellants submitted that in view of the inordinate delay in lodging the F.I.R. without proper explanation, non-production of any..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. ......mited Company under the provisions of the Company Act in the territory now comprising Bangladesh, it can, in no circumstances, be declared as an abandoned property………(16) In view of special circumstances in this case, and by virtue of the power conferred upon the Appellate..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
.... 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....... 4. Leave was granted to consider as to the correctness of the decision of the High Court Division. Order 18, rule 17 of the Code was noticed by the High Court Division and learned Judges took the view that interference under section 115 C.P.C. is not warranted in the background, and the circums..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199