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Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....ing six years and to fine not exceeding ten times the value of such goods, if the Magistrate in his discretion so orders, also to whipping Provisions of section 25B of the Special Powers Act are identical with the provisions of sub-section 8 of section 156 of the Customs Act, 1969 inasmuch......dvocate for the accused petitioners is that sub-section (1) of section 26 of the Special Powers Act, 1974 clearly ousts the jurisdiction of all other ordinary Courts in respect of the offence in question by providing as follows: "26(1) Notwithstanding anything contained in the Co......f Special Tribunal No.1, Chittagong should not be quashed. Pending disposal of the rule all further proceedings of Special Tribunal Case No.17/85 was stayed till the disposal of the Rule. 2. The facts of the case are that on 18.11.83 Shamsuddin Ahmed, Senior Customs Intelligence and Investigati..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
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 ......ed Judges agreed that the High Court has power to quash a criminal proceeding in its early stage before any evidence has been recorded. But the learned Judges differed as to whether the proceeding in question should be quashed. The matter was referred to a third Judge and Newbould, J. agreed with th......ceeding for quashing at the stage the Sub-Divisional Magistrate issued process against the accused. The Court has to accept the prosecution case as it is and has to come to a conclusion that upon the facts alleged no criminal offence has been disclosed-Code of Criminal Procedure…….(7-1..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. ......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. ......ent ground to vitiate the judgment of the Village Court. Moreover the above absence of the nominees of the complainant can not invalidate the proceedings of the Court. Considering the above facts and circumstances I am inclined to uphold the judgment of the Village Court The appeal of..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. ......to the extent to which they are not expressly excluded by such special law: and (b) the remaining provisions of this Act shall not apply." 3. It is now well settled that generally on a question of limitation the Limitation Act is the general law and all other Acts in so far as they de......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
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. ......m the judgment and order dated 6 July 1983 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 22 of 1983.) Judgment Shahabuddin Ahmed J.—In this appeal the simple question is whether a contiguous landholder is entitled to pre-empt the land which has been tra....... 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
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. ......nswered at this stage without going into full evidence which may he led by the parties to substantiate their respective case in this regard. Moreover, for the reasons lam proceeding to give on a main question, it need not be answered. 6. Now the principal question in this application is, assumi......mine any claim arising out of any agreement relating to the carriage of goods in ship". 15. This observation appears to me that the Appellate Division has noticed with reference to the facts of that case the change of Admiralty law in England. In that decision I do not find anything t..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. ......o.96 dated 11.9.83. This view also finds support in the case of Ashwini Kumar Karmakar and others Vs. Hari Mohan and others reported in 36 Dhaka Law Reports (A.D) page 1. 9. Having regard to the facts, circumstances and in view of the discussions and provisions of law as noted above the said po..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....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 similar to the plaintiff’s mark as would mislead a person of ......Judge, Dhaka in two suits for permanent and mandatory injunction regarding infringements of trade marks. These two appeals have been heard together and are disposed of by this judgment as common questions of fact and law are involved in both of them. 2. The plaintiff has instituted the sui......1983 it also appears to me that their mark is not similar and identical with the mark of the plaintiff. 11. In view of the above discussions I had that the learned Judge was not justified in the facts of the case to grant temporary injunction to restrain the defendants from using their 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)
.....1 is not the same draft which I drafted as Ext. 1 includes the boundary of the schedule which was not in my draft." He further stated the deed of agreement filed by the defendant is not identical with the deed of agreement drafted by him. He further denied the suggestion that the d...... decree dated 29-7-1984 passed by the High Court Division, Dhaka Bench in F.A. No. 221 of 1981.) Judgment Badrul Haider Chowdhury J.— In this petition for special leave the only question is whether there was an agreement for sale of the suit property which could be enforced by...... 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)
....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. ......ng authority added the deeming provision in section 9 Cr.P.C. which is in Chapter II of the Code of Criminal Procedure dealing with constitution of criminal Courts and offices. After the amendment in question by Ordinance No.XXIV of 1982 section 9 Cr.P.C. reads as follows:— "9(1) The......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
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. ......inance 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 Tribunal. 5. Now the question arises whether the District Judge who entertained the Election Appeal is a Court or a '......ywhere in the special Statute for granting a relief to the aggrieved party which is required for the ends of justice, he is to follow the procedure laid down in the Civil Procedure Code. So where the facts and circumstances demand that some sort of incidental order is necessary for the ends of justi..Category: Civil Law, Election Law | Date: 2 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. ......and general file and he sat by the side of the Munsif-Magistrate and started taking police and general file. The Munsif-Magistrate eagerly observed the procedure and also asked him some relevant questions to which the contemner replied and the matter ended there. The contemner denies that he ut......ring with the administration of the justice by putting various pressures on Mr. A.K.M. Zulfiquer Ali, Munsif-Magistrate, Chilmari Upazilla, Kurigram. The Rule was issued on the basis of the following facts which were brought to the notice of this Court on a reference made by the learned District and..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. ...... She lost control of her senses when she became angry. There is however absolutely no evidence on record that in the night of occurrence she had suffered any epileptic fits or that the murder in question was done in a frenzy of epileptic attack when the condemned prisoner lost all control of he......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. ......shy;trate, 1st class, Nawabganj on 31-10-80. The substance of their confessional statements is similar. They have clearly implicated themselves and the other accused-appellants in the dacoity in question. Appellant Firoz has confessed that he struck one of the victims with a hashua. If the......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
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. .......8.83 to 4.12.83 are quite in order and valid as he duly exercised his power under section 167(6) Cr.P.C. The charge sheet has been submitted by the police already on 24.12.83. At this stage the question of quashing the acceptance of the charge sheet dated 24.12.83 does not arise. The learned A......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. ..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. ......r the appellants, has forcefully submitted that the confession was self-exculpatory in nature, we do not think it to be so. Appellant Zaheda Begum has sufficiently implicated herself in the murder in question. If believed to be true and voluntary, that confession alone can form the sole basis of her....... 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
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. ......ained the loan before being treated as abandoned would have to pay up the decretal amount. In either case the Bank has nothing to lose, but the petitioners' stake will be very high if the decree in question is allowed to be put into execution. 8. The main contentions seem to be not so m......Appeal No. 43 of 1983. Judgment Fazle Munim CJ.— This review petition is against the judgment and order of this Court in Civil Appeal No. 43 of 1983. 2. In brief, the facts of the case are that the Sonali Bank, respondent No. 1, obtained a decree in Title Suit No. 2..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.......ultimate responsibility of the Court to confine the parties to the pleadings should not be over-looked or lightly brushed aside.... It will be for the trial court to examine the propriety of those questions in terms of law". In view of this matter the rule was discharged. Order 18, rule 17 C.P......gly in this judgment we refrain from touching the factual aspects of the case. 2. Leave was granted to consider the scope of Order 18, rule 17 of the Code of Civil Procedure in the context of facts and circumstances of the case which may be noticed in passing. The suit was filed on 31.8.197..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 ......bricated and forged the bainanama and the kabala. 3. The defendant No. 1 alone contested the suit. The defence is that the bainanama was executed on 16.1.68 on a contract for sale of the land in question for consideration of Tk 2,500/- out of which Tk. 1,500/- was paid in cash on the date of ex...... 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
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. ......ce of the offence in C.R. Case No.568 of 1983 under Sections 147/148/149/324/326/307/302/109 of the Penal Code against 51 persons, including the aforesaid 43 persons against whom the Sessions Case in question has been pending. On 9.2.84 the petitioner filed an application under Section 344 of t......Advocate of the petitioner did not make any such submission before him. Moreover, the learned Advocate of the petitioner was taking step to get both the cases tried together. Upon the above facts it is alleged that the petitioner has reasonable apprehension that the prosecution may not get..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
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