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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.     ......nal Case No.52 of 1978. Thereafter the accused petitioners surrendered and were released on bail. (Portions not necessary for reporting omitted). 5. Mr. Khondker Mahbub Hossain, the learned Advocate for the accused petitioners submits that according to the prosecution Putul @ Tarit Kumar B......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.     ......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.     ..

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.           ......o­site party under Order 41, rule 19 C.P.C. and fixed a date forbearing of the election appeal. Thereafter the petitioner obtained the pre­sent Rule. 4. Mr. Md. Amir Hossain, the learned Advocate for the petitioner submits only one point, namely, that the learned District Judge as the a......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.           ..

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.           ......e detenu are sufficient to cause subjective satisfaction in the mind of the detaining authority about the necessity of keeping the detenu under preventive detention. 9. Mr. S.C. Das, the learned Advocate for the petitioner submits that non-communica­tion of grounds of detention to the deten......ecretary, Ministry of Home Affairs, Go­vernment of Bangladesh (2) District Magistrate, Chittagong and (3) Superintendent, Chittagong Jail, Chittagong to show cause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being detained in the Chittagong Jail should not be declared illegal and......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93.           ..

Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2

Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)

.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......ordinate Judge rejected the said application by an order dated 21.8.85. 5. Being aggrieved by the said order the plaintiffs preferred the present appeal. 6. Mr. M. Fazlul Karim, the learned Advocate appearing for the appellants, submits that the learned Subordinate Judge did not consider t......;………………………..Respondent Judgment December 8, 1985. Result: The appeal is dismissed. Cases Referred to- Faiz Ahmed Chowdhury & an­other Vs. Baktear Ahmed Chowdhury & others, 36 DLR (AD) 97; Govind ...... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ..

Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180

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.               ......Penal Code and sen­tenced him as aforesaid only under section 304 Part 1 of the Penal Code and thereafter this accused appellant has preferred this appeal. 7. Mr. M. Fazlul Karim the learned Advocate for the accused appellant has taken us through the evidence on record and the judgment deli......heir hut and took them to the bamboo clump behind their house. There P.W.3 Khuillya Meah found his daughter Lutfunessa hanging in the bamboo clump. After informing the local Chairman P.W.4 Shamsuddin Ahmed P.W.3 Khuillya Meah informed Anwara P.S. P.W.4 Shamsuddin Ahmed also sent written information ......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ..

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.     ......importance. The question is whether a, Magistrate upon finding an accused guilty a under section 420 Penal Code can pass a sen­tence of fine only as has been done in the present case. The learned Advocate for the y petitioner has submitted that the Magistrate has no option but to pass a substant...... 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. Tariq— For the Opposite-Pa......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.     ..

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. ......and importance. The question is whether a Magistrate upon finding an accused guilty a under section 420 Penal Code can pass a sen­tence of fine only as has been done in the present case. The learned Advocate for the petitioner has submitted that the Magistrate has no option but to pass a substantiv......de 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 - For the Opposite-Party No.1. ...... 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. ..

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

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......nsion in the mind of the litigant................(13 & 14) Case Referred to- Ashutosh and another Vs. RC Dey and others AIR 1953 Pat.133. Lawyers Involved: Rafiqul Huq, Senior Advocate, (Md. Aminul Huq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Recor......ase is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ......e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44

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. ...... Being aggrieved by the said order the accused petitioners Abdur Razzak, Yakub, Moham­mad Hossain, Rashid and Qamrul Islam obtained this Rule. 4. Mr. Siddique Ahmed Chowdhury, the learned Advocate for the accused petitioners submits that since the charge-sheet against the accused petitio...... 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. Kazi Aktar Hossain, Assi...... 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. ..

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

Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)

....l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ......and his brother (the informant) murdered Sattar and accordingly found the appellants guilty under sections 302/34 of the Penal Code and awarded the sentence. 7. Mr. Shawkat Ali Khan, the learned Advocate appearing for the appellants, sub­mitted that the learned Additional Sessions Judge ign......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ..

Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1

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     ......s Chettiar Vs. Sivasama Subramania Aiyar, AIR 1925 Mad 39; In re: Krishnarao Ramchandra AIR 1933 Born 409. Lawyers Involved: A.P.M. Shahid, Advocat-For the petitioner. Md. Ruhul Amin, Advocate-For the opposite parties. Criminal Revision No. 196 of 1983 Judgment Musta......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     ......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     ..

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.   ......gment of the Village Court The appeal of the petitioner is rejected.'' Thereafter the complainant petitioner obtained this Rule on 6.11.83. 5. Mr. Mustafa Niaz Muhammed, the learned Advocate for the complainant peti­tioner submits that the impugned order da­ted 15.1.83 pass......3, 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.K.M. Shafiqur Rahman with Shahabuddin Foiz— For the Op......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.   ..

Category: Criminal Law | Date: 23 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. ......;tion, to a pre-emption, by a contiguous land­holder…..(3, 4 & 5) Case Referred To- Yakub Ali Mondal V Akhter Ali Mandal 6 DLR 130. Lawyers Involved: Mohammad Ayub, Advocate-on-Record—For the Appellants. Md. Aftab Hossain, Advocate-on-Record—For th...... Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ....... 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.       ......her any action in rem can be directed against any property of the said defendant No.1 other than that in respect of which cause of action has arisen. 7. Mr. Siddique Ahmed Chowdhury, the learned Advocate appearing on behalf of the plaintiff has made elaborate submissions to press his contention......d by defendant No.1 whe­ther any action in rem can be directed against any property of the said defendant No.1 other than that in respect of which cause of action has arisen. 7. Mr. Siddique Ahmed Chowdhury, the learned Advocate appearing on behalf of the plaintiff has made elaborate submis......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.       ..

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. ......eriously opposed and it will hinder progress of the disposal of the suit. Thereafter, the defendant obtained the Rule challenging the said order No.98 dated 26.9.83. 6. Mr. S.C. Das, the learned Advocate appearing for the petitioner submits that by order No.96 dated 11.9.83 although the Court r...... 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. ..

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.   ......isions reported in 30 D.L.R. (HC) 244; 1970 P.L.D (SC) 460, 31 reports on Patent Cases 53; 33 Reports on Patent Cases 257 and 25 Reports on Pat­ent Cases 361. 6. Mr. Shafiqur Rahman, learned Advocate appearing on behalf of the plaintiff respondent in support of the judgment of the learned D......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.   ......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.   ..

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.   ......1916 page1 (EB); Rossiter Vs. Miller 1878, 3 A.C.1124 Lord Blackburn; Hatzfeld-Wildenburg Vs. Alexander 1912 1 Ch. 284-288 AIR 1933 PC 31. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Miah Abdul Gafur, Advocate-on-Record—For the Petitioner. Rafiqul...... DLR (AD) (1985) 126.   ...... 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.   ......e expiry of directory provision of time for disposal of the case, that admittedly on 26.12.82 the complainant and 4 other P.Ws. were present in Court and that irrespective of the fact that the senior Advocate of the complainant was absent while the junior Advocate who was present in Court was reluct......r..........................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 DLR 93; Commissioner of Income Tax, Bombay Presidency Vs. ......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. ......ings in the matter and that purpose of the appeal will also be frustrated. The respondent-petitioner appeared and filed a written objection against the said prayer for stay. After hearing the learned Advocates of both the parties, the learned District Judge by his order dated 11.8.84 was pleased to ...... Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......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. ..

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.   ......1. That on 6-12-83 while the said Munsif-Magistrate was conducting criminal cases sitting in Court the U.N.O. Abdul Karim Sarker, Chilmari Upzilla, Kurigram sat by his side and uttered in presence of Advocates, Court sub-inspector and liti­gants present that the said Munsif-Magis­trate shoul......y;vance how to take cognizance of cases under section 190(1) (a) and (b) of the Code of Criminal Procedure and accordingly he showed him the procedure on 6-12-83 with his consent. 22. Mr. Sultan Ahmed, learned De­puty Attorney General who was asked by the Court to appear in the Rules for th...... 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.   ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1