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Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)

....dditional Sessions Judge is directed to proceed with the case in accordance with law. Mohammad Abdul Rouf J.—I agree. Ed. This Case is also Reported in: 36 DLR (HCD) (1984)102. ......Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Proce­dure. These two rules are disposed of by this judgment since questions of law and facts involved in them are same. 2. The accused-opposite parties in both the rules were..

Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132

Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)

....ed in accordance with Law. Send down the records at once. Syed Mohammad Ali J.- I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 169; 5 BLD (1985) 80.   ......bsp;B.P.C. The date of alleged occurrence is 28-7-71. From the FIR it does not disclose anything that was done by the accused in connection with the National Liberation Struggle or for maintenance of law and Order to invoke the provision of P.O. 16/73. The offence complained of can in no way be conn..

Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2

I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)

.... registered through the trial court in accordance with law. Syed Mohammad Ali J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 114     ......r No. 16 of 1972 read with the Bangladesh Abandoned Property Order, 1972 whereupon such business and properties of Imperial Chemical Industries (Pakistan) Limited in Bangladesh vested by operation of law in the Government of Bangladesh with the result that the Imperial Chemical Industries (Pakistan)..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8

Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)

.... set aside. This Rule is made absolute accordingly. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 83.       ......it before a Munsif praying for a declaration that such order of an ad-hoc appointment of an Assistant Professor in the Law Faculty of Rajshahi University was passed by the Vice-Chancellor without any lawful authority and consequently prayed for per­petual injunction permanently restraining the V..

Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2

Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)

....tion made to it in this behalf by the transferor or the transferee". (AIR Manual Third Edition, Vol, II pp 157-158). The Indian Foreign Exchange Regulation Act. 1947 at the time of the said amending Act of 1957, extended to the whole of India and it applied also to all citizens of India ou......com­pany is Tk. 26 lakhs divided into 26 thous­and snares of Tk. 100.00 each. It is stated that on the basis of a business arrangement Taiwa Company Ltd. a company incorpora­ted under the laws of Japan (hereinafter cal­led Taiwai) became a share holder of the res­pondent No.1 Com..

Category: Company Law | Date: 24 Nov, 1983 | Hits: 4

Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)

....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37     ......uit lands after the purchase showing subsequent conduct of the parties and as such their finding of benami has been erroneous. The learned Advocate further submits that the Courts below have erred in law in relying upon the Muktinama Ext. 1 dated 20.3.67 even though the defendants had alleged that t..

Category: Property Law | Date: 23 Nov, 1983 | Hits: 3

Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)

....tly allowed. In the result, the appeal is dismissed with­out any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......ition of fact affirmed by the pre-emptors regarding 'the fact that if the pre-emption is allowed, the added land will not exceed the ceiling of land the pre-emptor are permitted to hold under the law has not been specifically and sufficiently denied by the pre-emptees….(18) Objection..

Category: Property Law | Date: 20 Nov, 1983 | Hits: 88

Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)

....et the L.C. records be sent down to Sessions Judge, Naogaon at once for necessary action. Muhammad Abdul Wahab J. I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 107. ...... that the informant had lost interest in the prosecution. 11. In the olden days the Code of Criminal Procedure maintained a distinction between summons cases and warrant cases it was the settled law with regard to trial of a warrant case that it was not the complainant but the Court's duty ..

Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4

Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)

.... the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 257; 4 BLD (1984) (HCD) 54.         ......t Mustafa Kamal J. – These applications u/s. 171 of the Companies Act have been heard together and will be disposed of by the same judgment as they all raise a common question of law. 2. Dkakerwari Cotton Mills Ltd. Is the common respondent in all these applications. By P.O..

Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5

Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)

....ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ......t under the provisions of section 57(5) of the Registration Act…..(9) Under section 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding the truth..

Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3

Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)

.... proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 100.   ...... In the result, the Rule is discharged. The order of stay for further proceeding of Ses­sions Case No.508 of 1982 is vacated. The Sessions Case No.508 of 1982 is now proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. ..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1

Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)

....with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38.       ...... his men proceeded to that direction and when they reached the place they were surrounded and one accused person hurled a hand bomb upon them in consequence of which com­plainant's brother-in-law was injured. Accused Abdus Sattar caused bleeding injury on the head of Ruhul Amin by giving a D..

Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71     ...... service on the falsa plea of leave on medical ground. As he was purely a temporary employee under the work-charge establishment he had been dismissed from service after following due process of law. 7. The learned Munsif found with regard to the first order under challenge that the post o..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1

Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)

....Appellate Tribunal, Chittagong on 6-3-82 in Tribunal Appeal No.11 of 1980 is set aside. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 59. ......lead to surprising discoveries and may reveal facts sufficient enough to fix the responsibilities for this murder. With that hope I intend to send back the case on remand for fresh trial according to law having regard to the obser­vation made herein." Being aggrieved by the aforesaid o..

Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1

Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ......site parties in this Revisional Application on the other hand has urged that the impugned orders suffers from no illegality because the court had not exercised a jurisdiction not conferred upon it by law nor it had in exercise of that jurisdiction acted illegally with material irre­gularity only..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)

....eld. Let the Lower Court records be sent down immediately. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 22     ...... in the F.I.R. that he saw the occurrence from the pond where he was washing his face nor did he state in the F.I.R. that he went to the bridge. He also submits that P.W. 2 Dalilur Rahman (brother-in-law of the deceased) and P.W. 4 Zaker Hossain (nephew of the deceased) did not tell the Investigatin..

Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1

A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)

....e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ......between the parties over the same subject matter in which an order of injunction was already passed requiring the parties to maintain status quo it was held that the proceeding in question was bad in law and accor­dingly quashed. 5. Mr. Fazlul Karim. learned Advocate for the petitioner, has..

Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1

Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)

....er is allowed. Let the plaint be kept in the record. The petitioner can obtain a certified copy of the order.” Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 28.   ...... the Court would have allowed the said prayer, but the failure of the plaintiff to so submit was inadvertent, unintentional and purely accidental. This, Dr. Kamal Hossain submits, is an error of law apparent on the face of the record within the extended meaning of the word 'record'. ..

Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12

Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)

....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290   ......tition is a rule of equity and which could be relaxed when a partition might be necesesary for ends of justice and without causing any prejudice to any party. A rule of equity as opposed to a rule of law shall be applied on the convenience of the parties concerned and may be relaxed from time to tim..

Category: Property Law | Date: 4 Oct, 1983 | Hits: 2

M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)

....ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107       ......hat the trial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided completely on the evidence on record and on the appreciation of facts and law independently by the trial Court without being influenced in any way by any prima facie finding ..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12