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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. ......rnment for default of rent and for the non-execution of development work as per terms of the lease agreement. In elaborating this point the learned Attorney General has pointed out that from admitted records it is seen that initially for the year 1389 B.S. which is the beginning of the petitioner......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. ..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. ......istha, 1344 B.S and on the same date they took settlement of 1.43 and 1.82 acres of land from C.S. Khatian No.745 and 741 respectively from the landlord by executing a kabuliat and got the land recorded in their names in GS Khatian No.745 and 749. The rest 1.18 acres of land of C.S. Khati......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. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)
.... well settled that changes in the adjective law or procedural law made in the statute have retrospective effect unless contrary intention it expressed in the statute or unless there be some good reason against taking such view. In the Book on Interpretation of Statutes by Maxwell, 9th Edit......he Sub-Divisional Magistrate, Sadar (North), Chittagong in this case. The Sub-Divisional Magistrate allowed him to go on ad-interim bail directing him to appear before the Sessions Judge and sent the record to the Sessions Judge, Chittagong under the Law Reforms Ordinance, 1978. The accused petition......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. ..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. ......roposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for. (4) In deciding the application the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner within the pre......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. ..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. ......68 of 1984, directing the Upazilla Magistrate, Mitamoin, district Kishoreganj, to issue process against him in connection with Mitamoin P.S. Case No. 1(1) of 1982 and forward the corresponding case record of G.R. Case No. 22(2) of 1982 to the Court of Session at Mymensingh for trial as a Counter-c......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)
....ba on its face discloses the offence of cheating. In paragraphs 3 and 4 of the complaint petition the opposite party alleged that the accused petitioner fraudulently induced the complainant to supply goods by issuing postdate cheques giving false promises and assurance to the complainant that t......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. ..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....was validly entered in the voters' list Mere listing of dead and absentee persons and mere production of a list certified by a person who does not officially maintain the voters' list are not good enough to discharge the prima facie burden. P.Ws.2-5 have specifically named some of their......unal. As a corollary Mr. Karim further submits that the rejection of 293 ballot papers containing double seals were also based on the Tribunal's own perception of the documentary evidence on record and should not have been dismissed by the Court below. On the first point the pleadings ......from case to case. With regard to the School Register it has long been held that it is very common to understate the age when entering a school in order that the boy may not be too old for Government service, vide Mohammad Hashem Vs. Safdar, I.L.R. 14 (Lahore) 473. In the case of Bij Mohan Singh Vs...Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....Mohammed Jamil, 20 D.L.R (S.C.) 315 it was observed by the Supreme Court of Pakistan: "The general principle seems to be that alterations in procedure are retrospective unless there be some good reasons against such a view (Maxwell on the Interpretation of Statutes, 1962 Edition page 217; ...... the Sub-Divisional Magistrate, Patiya sent the case to the Upazila Magistrate Banshkhali for disposal. The Upazila Magistrate, Banshkhali passed the following order on 4.3.84:— "Case record received from the learned Sub-Divisional Magistrate, Patiya without any report from I.O. Peru......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
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
.... On appeal, the High Court Division dismissed the appeal and affirmed the judgment and decree of the trial Court. 4. Leave was granted to consider the submissions that even if the contract was good in the facts and circumstances of the case whether the Court should have used its discretion in......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. ......at they will be on the street because they have no other place to go. That was not challenged. The plaintiff concluded the contract through the intermediary of his father Doctor Saheb. He is in the service. The entire deal was negotiated through his father. If he does not get his property, he has ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....fferent way, clearly there by-gone transactions are to be sued for and enforced according to new form of procedure. Alterations, in the form of procedure are always retrospective unless there is some good reason or other why they should not be". In the case of Delhi Cloth and General Mills......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. ......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. ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....ot; 10. Mr. A.P.M. Hasan Arif, the learned Deputy Attorney General is candid enough to concede that the majority view taken in the case of Liver Siege Vs. Anderson, 1942 A.C. 206 no longer holds good and that the Court has got powers to examine the reasonableness of the authority's satisfac......e 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 tranquility of the people of the locality an...... of Bakulia, P.S. Chandgaon, District Chittagong be detained in Chittagong Jail under sub-section (2) of section 3 of the Special Powers Act, 1974 for a period of 30 days with effect from the date of service of this order. Sd/-Md. Omar Farooq, District Magistrate, Chittagong." ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
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. ......or Mohammad, his brothers Md. Hossain and Md. Yusuf, his uncles Amin Sharif, Abdul Motaleb and his father Monir Ahmed. The statement of acquitted accused Md. Hossain under section 164 Cr.P.C was recorded by Mr. Md. Atiqul Islam Chowdhury, Thana Nirbahi Officer but the statement was not made par......se ways and means to bring the obvious offenders in such circumstances within the ambit of law to suffer the consequences of their crime. It is for the superior police administrators to do a national service by seriously and closely, looking into and supervising the conduct and manner of investigati..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 prosecution case and the receipt said to have been granted by the accused for the money taken from the informant was proved as Ext. 1. 3. The Magistrate upon a consideration of the evidence on record found that accused induced the informant Yeakub Kazi to part with Tk. 35,000/- on the false p......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. ......the prosecution case and the receipt said to have been granted by the accused for the money taken from the informant was proved as Ext. 1. 3. The Magistrate upon a consideration of the evidence on record found that accused induced the informant Yeakub Kazi to part with Tk. 35,000/- on the false p...... 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
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. ......ses presumption of its correctness The Court is not at all precluded from considering the report of the Commissioner afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on ......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. ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....g from Anwara side towards Chittagong city, that the said launch was identified by the informant, that in spite of signal to stop the smugglers tried to escape with the launch containing the smuggled goods and started firing on the Customs Officials, that the armed forces also opened fire for self-d......med in the F.I.R. the Customs officials searched the launch and seized 500 cartons of 555 Cigarettes, 150 cartons of Benson and Hedges cigarettes (in all worth Tk. 1,80,900/-), 400 pieces of Taperecorders (National Panasonic, worth Tk. 6,86,400/-), one piece of Sony Colour T.V. 20" (worth ...... 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. ..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
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. ....... 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. ....... 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. ..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....e appearing on behalf of the defendant-appellants submits that the learned District Judge has committed an apparent error in-granting injunction against defendants from using their own marks on their goods inasmuch as that the marks of the defendants are neither identical by descriptability nor simi...... the facts of these cases there will be no order as to costs. The learned District Judge, however, is directed 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. &nbs......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
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. ...... 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. ...... 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. ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....s go beyond what was probably the intention, effect must nevertheless be given to them. They cannot be construed contrary to their meaning, as embracing or excluding cases merely because no good reason appears why they should be excluded or embraced. However unjust, arbitrary or inconvenie...... was sent up to the Court of Sessions for trial and the same was numbered as S.T. Case No.204/82. The said Sessions Trial Case remained pending for a considerable period and ultimately on 13.9.82 the record of the said case was received back by the Chief Metropolitan Magistrate, Chittagong for dispo......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. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
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