Search Options
Judgment Advanced Search
Displaying 1441-1460 of 7133 results.
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....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. ......ioners obtained the present Rule on 9.1.83. It was noticed by this Court on 1.4.85 that in spite of abatement of Criminal Appeal No.13 of 1981 the accused persons had not surrendered. This Court accordingly directed the accused petitioners to surrender to the Additional Sessions Judge cum Speci..........Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Abul Hossain and others Vs. The State, 37 DLR 59; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 1......r and others, 36 D.L.R. 200 to which one of us was a party. In the said case of Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 D.L.R. 200. I observed as follows:— "It is settled law that no person including the State has any vested right in the forum. This view finds suppo..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. ......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. ..............Petitioner Vs. Abul Bashar Majumder & others...................Opposite-Parties Judgment January 7, 1986. Result: The Rule is discharged. Cases Referred to- Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; M......ash; For the Opposite party No.1 Civil Revision No.176 of 1985. Judgment Mustafa 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..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. ......u was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364, Misc 11/84 L.S. dated 28-6-84 passed order for withdrawal of the cases and the detenu accordingly was released from custody. He was carrying on his business peacefully, but his enemies b.........Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Sho...... Sd/ 27.2.85. Sr. Scale Section Officer." 4. The said order was served on the detenu on 28.2.85. This order was served on the detenu on 28.2.85. The detenu was thus detained unlawfully from 23.2.85 to 27.2.85 without any order of detention whatsoever and the detaining authori..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. ......Noor Mohammad has also not made any statement in his cross-examination under section 342 Cr.P.C. He has simply pleaded not guilty. The learned trial Judge has stated in his judgment: “When according to defence dao blow was dealt by wife on the person of husband, then it goes by reasonable...... November 29, 1985 Result: The Appeal is allowed. Lawyers Involved: M. Fazlul Karim with Amirul Kabir Chowdhury —For the Appellant. Q.A. Hossain Assistant Attorney-General —For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle H...... of deceased Lutfunnessa. On 5.9.83 deceased Lutfunessa was in the house of accused Noor Mohammad. The house of accused Noor Mohammad is about 1½ mile away from the house of his father-in-law P.W.3 Khuillya Mean. Lutfunessa was murdered in the night of 5.9.83. On 6.9.83 when P.W.3 Khuill..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....o a decision reported in A.I.R. 1973 (Supreme Court) 1457 to highlight his submission that the judicial discretion of a Court in awarding sentence is as wide as the demand of the cause of substantial justice. 7. On the question at issue neither side has been able to lay before us any decision f......ed this Rule on two grounds; firstly, the sentence of fine only under section 420 Penal Code was an illegal sentence inasmuch as a substantive sentence of imprisonment was essential under the law and accordingly legal and proper sentence should be awarded to the accused for the offence under se......p;………………………..…..Respondent Judgment 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.......r obtained this Rule on two grounds; firstly, the sentence of fine only under section 420 Penal Code was an illegal sentence inasmuch as a substantive sentence of imprisonment was essential under the law and accordingly legal and proper sentence should be awarded to the accused for the offence ..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....d to a decision reported in AIR 1973 (Supreme Court) 1457 to highlight his submission that the judicial discretion of a Court in awarding sentence is as wide as the demand of the cause of substantial justice. 7. On the question at issue neither side has been able to lay before us any decision fro......ed this Rule on two grounds; firstly, the sentence of fine only under section 420 Penal Code was an illegal sentence inasmuch as a substantive sentence of imprisonment was essential under the law and accordingly legal and proper sentence should be awarded to the accused for the offence under secti......………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. 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; AI......r obtained this Rule on two grounds; firstly, the sentence of fine only under section 420 Penal Code was an illegal sentence inasmuch as a substantive sentence of imprisonment was essential under the law and accordingly legal and proper sentence should be awarded to the accused for the offence und..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....jurisdiction, illegal and contrary to law as such the continuation of the proceedings against the accused petitioner is an abuse of the process of the Court and should be quashed for the ends of justice. The simple answer to this argument advanced by the learned Advocate for the accused peti&sh......under the Spl. powers Act. Issue fresh WP&/A against the absconding accused Abdus Sukkur fixing 9.4.85 for Service Return. To date fixed for production of accused in custody. Issue P.W. accordingly." Being aggrieved by the said order the accused petitioners Abdur Razzak, Yaku......llip;………………..………….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 ......o Special Tribunal No.1 was irregular and that the taking of cognizance of the offence u/s. 25B of the Special Powers Act by the Special Tribunal No.1 is without jurisdiction, illegal and contrary to law as such the continuation of the proceedings against the accused petitioner is an abuse of t..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
.... complainant and his witnesses. On 18.12.82 the complainant and his witnesses did not appear and did not make any prayer for adjournment through any one. Yet the Village Court in the interest of justice fixed 25.12.82 for examination of the complainant and his witnesses; but even on that d......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. ......Vs. Abul Kashem Chowdhury and others………………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 Ni......sent. Heard both sides. On hearing it appears to me (1) Whether the appeal is maintainable, (2) Whether the order of the Chairman of the village Court in his judgment is valid in the eye of law. About the first point the appeal is obviously time barred as not filed within 30 days from..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. ......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. ......agistrate, Chittagong in C.R. Case No.173 of 1980 started on a petition of complaint filed by the appellant, the Authorised Officer, Chittagong Development Authority. 2. The appeal is found to be out of time by 45 days in view of the fact that the impugned judgment and order was prono......o decide whether this section is applicable to the present case it is necessary to read it with section 29(2) of the Limitation Act which reads as follows:— “29(2). Where any special law prescribes for any suit, appeal or application a period of limitation different from t..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. ......he goods on account of negligence, fault and misconduct of the defendant No.1, the master, officers and crews of the vessel, he is entitled to realise the claim from the principal defendants and accordingly, he has instituted the suit in the Admiralty jurisdiction of this Court for realisa......aintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgment 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).&......f cannot be enforced against any other ship other than that in which the goods were carried to Bangladesh, and as such admiralty action in rem against vessel m.v. CHERRY ORIENT is not maintainable in law and the order of arrest is liable to be vacated and the Bank Guarantee furnished may be returned..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. ....................Petitioner Vs. Sudhir Kumar Chowdhury...........................Opposite-Party 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. ...... of the claim of the plaintiff in his deposition as permitted by the Court by its order dated 11.9.83. Under the provisions of section 115 C.P.C. the High Court Division can rectify the error of law in a matter which has come to its notice or suo moto where the impugned order has been passed by..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....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. ......ed. In the case reported in 31 Reports of Patent Cases 53 the principal feature of the conflicting mark was the star but the writings thereon were found to be distinguishable from each other and accordingly the Registration of the alleged conflicting mark was ordered. In the case reported in 33......llip;…………………………..Respondent Judgment February 11, 1985. Result: The Appeals are allowed. Cases Referred to- 30 DLR (HC) 244; 1970 PLD (SC) 460; 31 reports on Patent Cases 53; 33 Reports on Patent Cas......its 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 suits to restrain the def..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. ......d observed: "The plaintiff could not prove his case of terms of the deed of agreement: though the plaintiff is not entitled to a decree for specific performance of contract, and accordingly dismissed the suit with a direction to refund the Tk.1,00,001/- to the plaintiff which ......dustries and others.……..Respondents Judgment January 15, 1985. Result: The petition is dismissed. Breach of contract The plaintiff is to prove the mutuality of the agreement in an action for breach of contract. The idea of...... as to the manner in which the transaction already agreed to will in fact go through. In the former case there is no enforceable contract either because the condition is unfulfilled or because the law does not recognize a contract to enter into a contract. In the latter, case there is a binding ..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. ......its full effect. (When once the meaning is plain, "it is not the province of a Court to scan its wisdom or its policy. Its duty is not to make the law reasonable, but to expound it as it stands, according to the real sense of the words (vide Mixwell on The Interpretation of Statutes, 7th E..........Petitioners Vs. Mst. Razia Begum and another..........................Opposite-Parties Judgment December 4, 1984. Result: The Rule is discharged. Cases Referred to- Md. Mustafa Mondal Vs. State, 35 DLR 362; Nizir Ahmed and others Vs. Yunus and others, 36 D......ama dated 22.1.73. Out of the wedlock two sons were born to her. Accused Abdul Mannan went to Qatar in November, 1978 to work as a Motor Mechanic. The complainant used to live with her father-in-law in a building known as Halima Hoque building, P.S. Panchalaish, District Chittagong. Accus..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....District Judge is a Court and I have also decided above that if no provision is provided anywhere 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......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. .............Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Result: This Rule is discharged. Cases Referred to- 29 DLR (SC) at page 304; Dilumuddin Madbar and others Vs. Province of East Pakistan and oth...... of Civil Procedure reads as follows; "4(1). In the absence of any specific provision to the contrary, nothing in this Code shall be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or power conferred, or any special form of procedure pr..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....er, Upazilla Nirbahi Officer (U.N.O), Chilmari, District Kurigram was asked to show cause on 19.3.84 why he shall not be convicted for contempt of Court for interfering with the administration of the justice by putting various pressures on Mr. A.K.M. Zulfiquer Ali, Munsif-Magistrate, Chilmari Upazil......mmoned the said Munsif-Magistrate in his chamber in respect of a pending case in presence of one of the parties to a criminal proceeding and directed the Munsif-Magistrate to dispose of the case according to his instructions and advice. Further from 27-12-83 the said U.N.O. instructed the Bench....... Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Ra......rranted interference with the administration of justice. It is deliberately calculated to lower the image of judiciary in public eyes. It is a contumacious disregard of the dignity of a Court of law which must be visited with appropriate punishment. We find the contemner guilty of contempt..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....emned cell for nearly 1½ years. That is enough punishment for the condemned prisoner and she need not be visited with actual capital punishment after this long suffering. The ends of justice will be met if the sentence of death is reduced to transportation for life. In the resu......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. .......................................Respondent Judgment November 25, 1984. Result: The Death Reference Case is rejected and the Criminal Appeal is dismissed. Cases Referred to- Abdur Rashid Vs. State, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. ......c fits. He denied the defence suggestion that he murdered his brother Abdur Rashid. 6. P.W.2 Kabiran Nessa is the mother of deceased Abdur Rashid. The condemned prisoner was her daughter-in-law. P.W.2 stated in her evidence that the occurrence took place on the 10th Chaitra, 1388 B.S. at a..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....gainst the other accused appellants being one of no evidence the order of conviction and sentence passed against them cannot be sustained. As for sentence, we are of the opinion that the ends of justice will be served if the 3 accused-appellants Emran Ali, Alkes and Firoz are sentenced to suffe......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. ......sions Court, it proves itself under section 80 of the Evidence Act without calling the Magistrate who recorded it. The Court shall presume (a) that the document is genuine, (b) that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are t......al Appeal No.48 of 1984 is allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescr..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... 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. ...... 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. ...... Latifur Rahman J Dy. Secretary, Ministry of Commerce...................Petitioner Vs. Nizamuddin Haider...........................................Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary......nage and conduct the affairs of the said Chamber of Commerce and Industry. 3. The defendants resisted the application for temporary injunction on the ground that the impugned order has been lawfully passed and the plaintiff has no cause of action for injunction and that it is also bar..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
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. ....... 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. ......a Kamal J Md. Abdul Wahab J Zaheda Bewa & anothers…...................Petitioner Vs. The State...........................................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs......by P.W.5. A hand-written statement on a plain piece of paper has been signed at the bottom by P.W.5 and that is what has been termed as a judicial al confession. 12. It is a settled principle of law that the requirement of adherence to the provisions of section 164(3) Cr.P. C. is not a mer..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
91489147914991519140849191439141914491459146940832059063907390649069906190859072