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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. ...... and litigants present that the said Munsif-Magistrate should get practical training from him as to haw cases are filed, how depositions are written, under what section depositions are recorded and matters like these. 2. That on 26-12-83 the said U.N.O. summoned the said Mun......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 officers dealing with subjects transferred to the Upazilla Parishad will be deemed to ha..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. ...... on Friday morning. The informant and others carried the deadbody. The informant lodged the F.I.R. on 27.3.82 at 4.45 P.M. at Mithapukur P.S. Earlier P.W.5 S.I. Ismail Hossain who was at Kotwali P.S. recorded U.D. Case No.12 on 25.3.82 after having received a report of unnatural death of the de......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. .......................Respondent Judgment November 4, 1984. Result: Criminal Appeal No.71 of 1984 is allowed in part. Criminal Appeal No.48 of 1984 is allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. When the conf......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. ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... pending O.C. Suit No.77 of 1984. The plaintiff asserted that he is the elected President of the said Chamber since 1980 and the order has been passed illegally and in a mala fide manner and he has a good prima facie case for injunction and if in the meanwhile the order of injunction be not gra......No.77 of 1984 was filed by one Aynul Hoq Sohel and O.C. Suit No.29 of 1981 was filed by one Abdul Khaleque and that the plaintiff had no hand in filing those suits. He found that there was nothing on record to show that the plaintiff wilfully and deliberately withheld the election. On the resignatio...... 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. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....he power of a Magistrate and delimiting them. No doubt a Magistrate acting u/ss. 164 and 364 Cr. P. C. is not acting as a Court, yet he is a Judicial officer, and both as a matter of construction and good sense where a power is given to do a certain thing in a certain way the thing must be done in t......ed and some persons. She suspected that Ansar, Bhola, Ismail, Jogesh, Razzaque and other persons may have murdered her husband. 3. P.W.12 S.I. Atiar Rahman who was O/C of Pirganj P.S. on 16-4-80 recorded the above F.I.R. He took up the investigation of the case, reached the place of occurrence ....... 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)
....abdomen tied with a napkin. This witness did not disclose the name of any accused and this could be understood from the fact that he went to P.O. sometimes later after the assailants had already made good their escape. But still his evidence clearly proved the time, place and manner of the occurrenc......also rushed there. The injured Shantu was then taken to Al-haj Textile Mill in a Transport sent from the mill. There he was given first aid by Dr. Abdul Mannan who also got dying statements of Shantu recorded in presence of the witnesses. Shantu was removed to Pabna Hospital and from there he was re......;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
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. ......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. ......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. ..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.......concluded: "The power of the court to act under Or. 18/17 are very wide. Thus, if the Court while considering the judgment finds that there is any ambiguity on the face of the record or an omission which wants clearing up, the Court can in a proper case, recall a witness, ...... 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...Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
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 ......specimen L.T.I's he opined that those appearing in the impugned documents are not those of the plaintiff nos. 2 and 3 as per specimen L.T.I's. 7. Upon a consideration of the materials on record the trial Court decreed the suit. Then on appeal by the defendant No. 1 being appeal No. 258 ...... 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 ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....bserved that there has been a misreading of evidence by the appellate Court and also a non-consideration of the opinion of the trial Court on the genuineness of the disputed document which was also a good evidence on the point. The judgment of reversal of the lower appellate Court is not a proper ju......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ......he court in execution. Parties are made to bear their own costs throughout. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 93. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ...... only in schedule Ga and Gha lands. They also pleaded that the suit is unmaintainable. 4. The plaintiffs produced all the purchase deeds referred by them as well as amalnama, rent receipts. S.A. record and other documents while the defendant No.18 produced the power of attorney and defenda......he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......ureties to be tested by C.S.I. i.d. to hajat. Since all formalities have been completed, the case is ready for trial. The offence u/s. 302 B.P.C. is triable by Sessions Court. Send the case record in the Court of Additional Commissioner, Chittagong Division and Ex-Officio Sessions Judge, C......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
...., one gold ring, 3 wrist watches, harmonium, cash money of Tk. 1100/- clothings etc. worth in all more than Tk. 12,000/-. Thereafter the robbers left the residence of the doctor along with those goods and the doctor immediately called other persons nearby and narrated the story. The defenc...... of innocence demanding trial. 3. The prosecution examined 7 witnesses while the defence examined none. Mr. Md. Abdur Rahim, learned Advocate for the defence has taken us through the evidence on record and the judgment delivered by the trial Court. P.W.1 Aminul Islam is a Sweeper of the Shadhuh......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....s and Section 27(b) runs as follows: “any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract.” 12. This provision has also prov...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ...... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......urkish Flag (making Bangladesh Bank, Dhaka proforma defendant No.3) for realisation of U.S.$ 1, 63, 843.19 equivalent to Taka 40, 86, 036, 162 in Bangladesh currency on account of commission, credit, service and other incidental charges. The plaintiff was the local agent of defendant No. 1 in Bangla..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
.... to be heard or suo motu without such notice for various reasons including administrative reasons. The discretion is a judicial one and so it is to be exercised not arbitrarily or whimsically but for good reasons depending on the peculiar facts of each case (See A.I.R. 1925 Lah. 189; A.I.R. 1944. La......are available at Satkania, the application also does not appear to be bona fide. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 306, 4 BLD (1984) (HCD) 306 ......dant petitioner moved this Court and obtained this rule. 4. Mr. Formanullah Khan, the learned Advocate for the petitioner submits that his client is not a solvent man to bear the expenses of the service of competent lawyer from Chittagong town or from any nearby Bar Association. He further subm..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....ing distinctive Nos.158 to 177. The petitioner's 40 shares represent 22½% of the Company's entire paid-up capital. The petitioner has reasons to believe that the Company is making good profits but the said Managing Director is not disclosing the accounts of the Company's busi...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......g disposed of by this Judgment. 6. Mr. Shaikh Razzaque Ali, the learned Advocate appeared in support of the rule and having taken me through the judgments of the Courts below and the evidence on record has contended that the Courts below erred in law in not finding that the relationship be......in the Court of Munsif for a declaration that the resolutions adopted by the Managing Committee of the Agarghata High School in removing him is illegal, ultra vires and that the plaintiff is still in service. The plaintiff's case is that he is the founder Head-master of that School who have been..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....fically enforced particularly against a bona fide purchase for value without notice of the mistake. That is however also the common sense view of the matter because a bona fide purchaser for value in good faith would be acting to his detriment on the misrepresentation of the description stated in a ......istered patta. 3. The defendant's case is that plot No.1292 which is the disputed plot including plot of 1292 and 1304 of khatian 65 belonged to Jalaluddin and others in korfa under the jote recorded in khatian No. 63 in the name of Kalimuddin Shaikh. The Babus purchased the jote of khatian...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
.... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......e unable to produce receipts showing amounts paid by them. P.W.3 who is the Managing Director of the appellant stated in his deposition that during the disturbances in 1971 the original documents, records and books of account were lost. He, however, claimed that the first loan was paid off before...... on the aforesaid amount of principal and interest calculating from this day till realization. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
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