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Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......hahi, in Special Case No.13 of 1976 convicting the accused-appellant under section 409 of the Penal Code read with section 5 (2) of Act II of 1947 and sentencing him to suffer rigorous imprisonment for 7 (seven) years and to pay a fine of Taka 30,000/00 in default to suffer rigorous imprisonment f......trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......�……………………………..Respondent Judgment May 13, 1986. Result: The appeal is disposed of. Case Referred to- Md. Md. Mosaddur Haque Vs. State (1958) 10 DLR (SC) 29. Lawyers Involved: Akram Hossain Amin with Md. Sajjad Ali Chowdhury, Advocate—For the Appellant...

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

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. ......howdhury J Sarping Matshajibi Samabaya Samiti Ltd…………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms, and others…………………………&he......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. ....... 1977 (SC) at page 1496; AIR1973 (SC), at page 205; AIR 1975 (Madras) at page 81; AIR 1975 Madras at page 81; AIR 1973 (SC) 205; K.N. Guru Swami's case 1955, 1 SCR, 305 (AIR 1954 (SC) 592.) Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates-For the Petitioner. M...

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Ruhul Amin Vs. The State, 1986, 15 CLC (HCD)

....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. ......e and the trial should not be stopped and the accused petitioner should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case for the prosecution is that on 29.10.78 at 17.00 hours in village Jahanpur, P.S. Fatickchari accused......aming 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." ......al Sugar Refining Co. Vs. Irving 1905 AC 369; Delhi Cloth and General Mills. Co. Ltd. Vs. Income-Tax Commissioner, Delhi, AIR 1927 PC 242; Bangladesh Vs. Abdul Mannan and others, 29 DLR (SC) 17. Lawyers Involved: Syed Mohammad Ali with Ahsanul Kabir— For the Petitioner. Amirul K..

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. ......1 under section 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 ......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. ......;………………………………...........Respondent Judgment March 17, 1986. Result: The appeal is allowed. Lawyers Involved: Awlad Ali—For the Appellant. Syiedur Rahman Mean—For the St..

Category: Family Law | Date: 17 Mar, 1986 | Hits: 1

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. ......min-Ur Rahman Khan J. - The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this 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 ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ...... Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeeduddin Qureshi Vs. The State, PLD 1963 (WP) Karachi, page 54; Meser Ali and another Vs. The State, 26 DLR (1974) at page 146. Lawyers Involved: G. S. Huq—For the Petitioner. A. K. M. Mozammel Huq Bhuiyan—..

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)

.... 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. ...... Kotwali Police Station on 5.2.79 stating that the Opposite party was her monthly tenant in the house No.252, Road No.22, Dhanmondi Residential Area, Dhaka and while the petitioner was absent at Iran for about 7 (seven) years the opposite party taking advantage of that situation created a false Bain...... 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. ...... 14, 1986. Result: Cases Referred to- Rafique Ahmed Vs. Badiul Alam, BLD 1984 page-319; Khalilur Rahman Vs. Md. Idris, 20 DLR 1958 page 67; 49 DLR (W.P.) 7; 22 DLR 502; 25 DLR 331 Lawyers Involved: Md. Omar Faruque - For the Petitioner. None - For the Opposite Par..

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. ...... to have been elected having obtained 3270 votes. The petitioner secured the second highest number of votes, namely 2957. The petitioner then preferred Election Tribunal Case No.6 of 1984 before the Election Tribunal and Munsif, Parshuram cited a number of allegations prominent amongs......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......rred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and others, AIR 1965 (SC) 282. Lawyers Involved: M.A. Karim—For the Petitioner. T.H. Khan with Md. Ruhul Amin&mdash..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)

....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. ......ng upon the Deputy Commissioner, Chittagong to show cause why the proceedings in G.R. Case No.14 of 1984 arising out of Banshkhali P.S. Case No.4 (4)/84, under section 407 of the Penal Code pending before the Upazila Magistrate, Banshkhali, Chittagong should not be quashed or such other or farther o......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. ......s. Irving, 1905 AC 369; Abul Hossain Sana Vs. Suwalal Agarwala, 14 DLR (SC) page 96; Abdus Salam Master Vs. The State, 36 DLR (AD) 58; Abdul Quader Chowdhury and others Vs. The State, 28 DLR 38. Lawyers Involved: M. Fazlul Karim with M. A. Kashem—For the Petitioner. Q. A. Hossai..

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. ......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 the residential ......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. ......narayana Vs. G Yelloji Rao AIR 1965 (SC)1405; Jogesh Chandra Das Vs. Farida Hasan B.C.R 1984 AD 137=1983 BLD (AD) 225; Ranganayakamma Vs. Govinda Narayan AIR 1982 Kant) 264; 38 Cal. P. C. 105. Lawyers Involved: B.N. Chowdhury, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record�..

Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212

Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)

....on for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the appeal was numbered in the Appellate Division as Criminal Appeal No.13 of 1981. In the meantime by the Proclamation of 24th March, 1982 it was provided that all proceedings arising out of and in connecti......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......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. ......, 36 DLR 200; Purshotam Singh Vs. Narain Singh and State of Rajasthan, AIR 155 Rajasthan 203; Ram Singh Vs. Crown, AIR 1950 East Punjab (F.B) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315. Lawyers Involved Khondker Mahbub Hossain with M. Fazlul Karim—For the Petitioners. A..

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. ......Kamal J.- This Rule obtained under section 115 of the Code of Civil Procedure involves a minor point of law. 2. The petitioner Muktad Hossain Majumder filed Election Tribunal Case No.4 of 1984 before the Upazila Munsif, Chouddagram and Election Tribunal for a declaration that the election of th......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. ......co Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119; Amir Sultan Ali Haider Vs. Mohammad K. Ali, 29 DLR (SC) 295. Lawyers Involved Md. Amir Hossain— For the Petitioner. M.A. Karim— For the Op..

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. ......f the Penal Code, Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenu was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364, Misc 11/......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......Govt. of Bangladesh and others, 30 DLR 423; Md. Makhlesur Rahman Vs. State, 28 DLR 172; Nakhudali Vs. M. F. Jayaratne, 1951 AC 66; Secretary of State Vs. Mask & Co. AIR 1940 (PC) 105. Lawyers Involved S. C. Das with Omar Hayet— For the Petitioner. A.F.M. Hasan Arif, D..

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. ...... Trial Case No.6 of 1984 convicting accused appellant Noor Mohammad under sections 304 Part I of the Penal Code. The accused appellant Noor Mohammad has been sentenced to suffer rigorous imprisonment for 10 years for committing offence under section 304 Part I of the Penal Code. No sentence has been......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111. ...............................Appellant Vs. The State........................................Respondent Judgment November 29, 1985 Result: The Appeal is allowed. Lawyers Involved: M. Fazlul Karim with Amirul Kabir Chowdhury —For the Appellant. Q...

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. ......ioner. Md. Fazlul Karim, with M. A. Tariq— For the Opposite-Party No.1. Criminal Revision No. 56 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, is directed against the judgment and order dated 5.3.1984 passed by a Metropolit......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. ......ment November 27, 1985. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1929 (Allahabad) 260; 1946 MLJ 8. Lawyers Involved Abu Sayeed Ahmed— For the Petitioner. Md. Fazlul Karim, with M. A...

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. ......ed - For the Petitioner. Md. Fazlul Karim with M. A Tariq - For the Opposite-Party No.1. Criminal Revision No.56 of 1984. Judgment ATM Afzal J.- This Rule, at the instance of the informant-petitioner, is directed against the Judgment and order dated 5.3.1984 passedby a Metropolita...... 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. ......85. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1926 (Lahore) 350 =27 CrLJ, 562; AIR 1929 (Allahabad) 2601946 MLJ 8. Lawyers Involved: Abu Sayeed Ahmed - For the Petitioner. Md. Fazlul Karim with M. A Tariq - F..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25

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. ......acts of the case are that on 18.11.83 Shamsuddin Ahmed, Senior Customs Intelligence and Investigation Officer, Chittagong lodged an F.I.R. at P.S. Patiya alleging in short that on receipt of secret information he along with 17 other Officers of the Customs Department reached Tanga Bridge at abo......these foreign goods and for bringing them into Bangladesh and that the smuggled goods have been seized under the appropriate provisions of the Customs Act, 1969 read with Import Control Act, 1950 and Martial Law Regulation No.18/82. The police investigated into the case and submitted charge-sheet ag......p;…….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mustafa Niaz Muhammad— For the Petitioners..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

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. ......order dated 15.1.83 passed by the Hathazari Union Village Court, Chittagong in U.P. Case No.16 of 1982-83 acquitting the 8 accused persons of the charge under section 379 of the Penal Code for taking away 100 aris of paddy (worth Taka 3,000/-) out of the possession of the complainant......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. ......llip;……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 Muhammed with Momtazuddin Ahmed— For the Petitioner. A..

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. ......s Involved M. Fazlul Karim— For the Appellant. No one— For the Opposite Parties. Criminal Appeal No. 79 of 1984. Judgment Md. Abdul Jalil J.- This an application for admission of appeal under section 417(2) of the Code of Criminal Procedure against an order date......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. ......llip;………………………………Opposite-Parties Judgment July 20, 1985. Result: the appeal is dismissed. Lawyers Involved M. Fazlul Karim— For the Appellant. No one— For the Opposite..

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. ......llah 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 damage to the carg......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. ......ment July 8, 1985. Result: The order is stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (AD) 110 (paras 9-10); 2 All ER, 274 (277). Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Mohammad— For the Plaintiff. ..

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. ......cted against order No.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. T...... 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. ...... Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. Lawyers Involved S. C. Das with Nripendra Majumdar— For the Petitioner. M. Fazlul Ka..

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

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