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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. ......tial Law Courts ceased to function, the Chief Martial Law Administrator ordered that the pending cases before the Martial Law Courts should be transferred to the appropriate Courts. Since in the absence of any Martial Law Regulation the instant case is exclusively triable under the Special Powe......se to the Sessions Judge and Ex-Officio Special Tribunal No.1 was irregular and that the taking of cognizance of the offence u/s. 25B of the Special Powers Act by the Special Tribunal No.1 is without jurisdiction, illegal and contrary to law as such the continuation of the proceedings against the ac..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. ......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
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......titioner obtained the present Rule. 5. Mr. A.F.M. Shahid, the learned Advocate for the petitioner submits that regard being had to the provision of Section 439A Cr.P.C. the Sessions Judge had no jurisdiction to exercise the power of quashing under section 439 Cr.P.C. This power is exerciseable ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
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. ...... of judgment on 15.1.85 the complainant along with his nominees were absent, although order sheet dated 1.1.83 clearly indicated that the judgment could be pronounced on 15.1.83. The grounds for absence of the complainant and his nominees were not explained nor the complt’s prayer for tim......tioner submits that the impugned order dated 15.1.83 passed in U.P. Case No.16 of 1982-83 acquitting the accused persons not having been passed by a properly constituted Village Court is without jurisdiction, illegal and contrary of law and therefore should be set aside. He concedes that the or..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. ..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. ......tion in an action in rem by arresting any other ship than the one to which the cause of action related. Their Lordships of the Court of Appeal in this connection has observed; "The complete absence of any reported case in the last 100 years, in which the present attempt to arrest a sh...... M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff has filed a suit in Admiralty jurisdiction for realisation of Tk. 17,87,363.18 against the principal defendants for loss and damag..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. ...... 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
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
.... 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 marks and not upon a specific feature. Although I am of the view that the flo......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. ......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. ..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
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. ......ctive of the fact that the senior Advocate of the complainant was absent while the junior Advocate who was present in Court was reluctant to take the responsibility of conducting the case in the absence of his senior, it was the duty of the learned Magistrate either to adjourn the case or to pr......hat Mr. Alauddin Sarder, Assistant Sessions Judge, 2nd Court, Chittagong deemed to have been appointed as an Additional Sessions Judge under the proviso to sub-section (3) of Section 9 Cr.P.C. has no jurisdiction to dispose of appeals under Chapter XXXI and references and revisions under Chapter XXX..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. ......gularising the proceedings of appeal before the District Judge in the matter of disposal of appeals. Now question arises what procedure the learned District Judge is to follow in such matters. In the absence of any provision for disposal of the appeal in the Union Parishad Ordinance, he is to be gui......t Judge who is the appellate authority under the provision of the Local Government (Union Parishad) Ordinance, 1983, (Ordinance No.XL of 1983) (hereinafter called the Union Parishad Ordinance) has no jurisdiction to grant the prayer for stay of the operation of the order passed by the Election Tribu..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....to a criminal proceeding and that he directed him to dispose of the case according to his instructions and advice, the contemner denied the same as wholly incorrect and stated that the allegation was totally vague as the case number, names of the parties and other matters related thereto had not bee......Munsif-Magistrate. The contemner had some discussion with the Munsif-Magistrate regarding the engagement of the Civil Court Peshker as a Bench clerk in criminal cases as well during the leave or absence of the regular Criminal Court Peshker but the Munsif-Magistrate opined that the Civil C......apart from the aforesaid 19 officers. Upazilla Magistrate shall work and function independently of the Upazilla Administration. The Munsif will function as the ordinary civil Court of the lowest jurisdiction as before without any change in the judicial hierarchy. The U.N.O. has no supervisory, ..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....contemporaneously but long after the occurrence. His evidence is of no value. P.Ws.7 and 8 merely reported what people had said about the occurrence. This is hearsay evidence and ought to be excluded totally from consideration. P.W.5 S.I. Ismail Hossain recorded the earlier U.D. Case P.W.6 S.I.......leptic insanity and masked or psychic insanity. 18. Mr. Marfat Ali has also relied upon the case of Unniri Kannan Vs. the State, AIR 1960 Kerala 24. 19. In the present case there is a total absence of motive behind the murder of Abdur Rashid. This is in keeping with a motiveless murder by ......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)
....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. ......de on oath in presence of the person affected and its veracity is not tested by cross examination. Confessional statement of a co-accused shall not be used as the sole basis of conviction in the absence of independent corroborative evidence…….(20) Cases Referred to- Hira......en 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 1929 Cal.617 (SB), it has been..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. ...... 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. ......tion Ordinance, 1961 provides that an order made under this Ordinance shall not be questioned in any Court. On the basis of this ouster clause the learned Deputy Attorney General argues that the jurisdiction of the civil Court is barred and the suit is not maintainable. It is however well-settl..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....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. ......d, if in custody, shall be released forthwith." The learned Advocate for the accused petitioner further argues that the learned Sessions Judge committed an illegality and acted without jurisdiction by passing a void order on 26.7.83 in Criminal Misc. Case No.619 of 1983 erroneously ex..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. ..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 ......till it cannot be said for certain that the death did not result or was not hastened by the major surgical operations. Atleast doubt remains that the injured Shantu might perhaps have survived in the absence of the said two major operations or would have been cured in the event of any successful ope......;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
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... 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 ......case be remanded, in appeal on account of any misjoinder of parties or cause of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court.” Upon a consideration of the materials on record and in view o..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
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. ......Code of Criminal Procedure praying to transfer the Sessions Case No.262 of 1983, pending before Mr. Z. H. Md. Dawood, Additional Sessions Judge, 3rd Court, Sylhet to any other Court of competent jurisdiction for trial. 2. It transpires from the petition that in a riot over the possession o..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....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. ......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. ......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
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