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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. ......e trial the prosecution examined 9 witnesses and the defence none. The condemned prisoner was initially undefended at the time of trial. The learned Additional Sessions Judge appointed a learned Advocate as State defence. The learned Advocate, however, was allowed only one day's time to pre......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. ......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. ...... of appellants Emran Ali, Alkes & Firoz are believed to be true and voluntary then these confessions alone may form the sole basis of their conviction. 5. Mr. Akram Hossain Amin, the learned Advocate for the appellants in Criminal Appeal No.71 of 1984, has however submitted that Mr. M. A. W......r section 164 or 364 Cr. P.C. need not be examined by any Court when the said confession or statement is "tendered" or "received in evidence". The Privy Council in Nazir Ahmed's case deprecates the practice of examining Magistrates and Judges except in special circu......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)
.... 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. ......ction on consider ration of the cardinal principle which empowers the Court to grant injunction. Thus I do not like to interfere with the order of injunction. 11. Mr. B.N. Chowdhury, the learned Advocate has filed an application under Order 1 Rule 10 of the Code of Civil Procedure for being add......d others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Wazir Ali. Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50. Lawyers Involved: Sultan Ahmed, Deputy Attorney-General—For the Petitioner. B. N. Chowdhury—For the additio...... 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
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. ......l Motion No.715 of 1983 rejected the prayer for referring the matter to this Court. Thereafter the accused petitioner Sabitri Rani Dey obtained this Rule on 23.1.84. 3. Mr. S.C. Das, the learned Advocate for the petitioner argues that under the provisions of Sub-section (5) of section 167 ......further investigation upto 28.8.83 by passing an order on 26.7.83 in Criminal Misc. Case No.619 of 1983 (permission). Thereafter on 25.8.83 the learned Sessions Judge on the prayer or Mr. Md. Hossain Ahmed Khan, Inspector, C.I.D. extended the period of investigation upto 27.9.83. Subsequently on the......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. ......hy;tion of the appellant Zaheda Begum solely on her confessional statement Ext. 4. 8. The substance of the confessional statement has been set out earlier. Although Mr. Azizul Haque, the learned Advocate for the appellants, has forcefully submitted that the confession was self-exculpatory in na......etitioner Vs. The State...........................................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253; Nurul Haque and others Vs. State 20 DLR (Dhaka) 780. ....... 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)
....e Penal Code and sentencing each of then to transportation for life and to pay a fine of Tk. 1000/00. 2. The prosecution case was that on 14.2.81 deceased Shantu was coming to attend his duty at Al-haj Textile Mill on a by-cycle and at about 9-30 A.M. as he was on the District Board Road at vil...... consideration of the evidence found the charge to have been proved against all the accused appellants and accordingly they were convicted and sentenced. 4. Mr. Abdul Momin Talukder, the learned Advocate for the appellants submitted that in view of the inordinate delay in lodging the F.I.R. wit........................Opposite parties Judgment Aug 29, 1984. Result: The appeal allowed in part Lawyers Involved: Abdul Momin Talukder—For the appellants. Sultan Ahmed, D. A.G. with Malik Syed Ahmed and Md. Mokhtar Hossain—For the State. Criminal Appe......;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. ...... it is declared that Gannysons Limited is not an abandoned property. It should, therefore, be immediately released…………(17) Lawyers Involved: T.H. Khan, Senior Advocate (M. A. Wahab, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For ......is 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.......alal Vs. Amthal Nandalal, AIR 1947 Bombay, 156; Municipal Corporation of greater Bombay Vs. Lal Panchm and others A.I.R. 1965 (SC) 1008. Lawyers Involved: Rafique Ul Huq, Senior Advocate (Aminul Huq, Advocate with him) instructed by Sharif-Uddin Chaklader Advocate-on-Record—......ique Ul Huq, Senior Advocate (Aminul Huq, Advocate with him) instructed by Sharif-Uddin Chaklader Advocate-on-Record—For the Appellant. S. R. Pal, Senior Advocate, Instructed by Zinnur Ahmed, Advocate-on-Record—For the Respondents No. 1. Not represented—For the Respond...... 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 ......ed by the defendants regarding their possession and other points but he accepted the evidence of P.Ws. regarding possession. 9. Mr. Abdul Mannan appearing with Mr. Momtazuddin Ahmed, the learned Advocates on behalf of the defendant No.1 appellant submits that the suit is not maintainable in the......: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momtazuddin Ahmed-For the appellant. Mostafa Kamal Pasha—For the Defendant-Respondent. No one&m...... 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. ......de an absolutely wrong observation in respect of the submission of the engaged lawyer of the petitioner, in fixing 27.6.84 as the date for holding trial notwithstanding the fact that the said learned Advocate of the petitioner did not make any such submission before him. Moreover, the learned Advoca...... 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. ...... 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. ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......y and it does not entitle him to seek a negative declaration either in respect of the legal character or title to any property of any other person. 5. On the other hand Mr. P.K. Bose the learned Advocate for the opposite party submits that there is no bar in respect of negative declaration and ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....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. ...... appeal the learned Subordinate Judge disbelieved plaintiff's story and dismissed the suit. Being aggrieved the plaintiff preferred this Appeal. 4. Mr. Mostafa Niaz Muhamud, the learned Advocate for the appellant has taken me through the judgments of the Courts below. The learned Advoc......d the deed of agreement of reconveyance were executed on the same baithak. P.W.4 Barada Charan Baidya is the scribe of the undisputed deed of sale which was admitted into evidence as Ext. A(1). P.W.3 Ahmed Meah and Abdul Jalil were attesting witnesses in the kabala. Abdul Jalil is now dead defendant......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. ...... the question of possession and dismissed the suit simply on the ground of unmaintainability after setting aside the judgment and decree passed by the learned Munsif. Mr. Azizul Hoq, the learned Advocate for the appellants submitted that the learned Additional District Judge committed error of ......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. ......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. ......ss-examination. The learned Ex-Officio Sessions Judge convicted and sentenced accused appellant as aforesaid. Thereafter this appeal has been preferred. Mr. Siddique Ahmed Chowdhury, the learned Advocate for the appellant has argued that the trial in absentia in the present case has been illega......id to have absconded nor can be said to have failed to appear before the trial court on any date fixed by the said court within their knowledge…........(8) Lawyers Involved: Siddique Ahmed Chowdhury with Mustafa Niaz Muhammad—For the appellant. Amirul Kabir Chowdhury&mdas......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)
....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. ......tion of the accused-appellant under Action 342 Cr. P.C. is one 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 t......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. ......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)
.... 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 ......ke this. Being dissatisfied with and aggrieved from the said order of the learned Subordinate Judge the petitioner obtained this Rule. 6. During the hearing of the rule Mr. S.C. Das, the learned Advocate appearing for the petitioner submits that his client purchased the suit property in 1978 an......High Court Division (Civil Revisional Jurisdiction) Present: F. H M. Habibur Rahman J S Mohammad Ali J Abdul Hashem.............................Petitioner Vs. Saleh Ahmed & others. ...................Opposite parties Judgment July 10, 1984. Resul...... 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
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
..... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ...... learned Munsif. 8. The defendants-petitioners then obtained the present rule to challenge the judgment and decree that was passed in favour of the plaintiff. Mr. Md. Anser Ali, the learned Advocate appearing for the defendant-petitioners raised several points of objection to support the p....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ....... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
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. ......guarantee or sufficient surety upon the claimed amount of the suit.” Thereafter defendant appellant has filed this appeal and also obtained the Rule. 5. Mr. M. Hafizullah, the learned Advocate for the defendant appellant has referred to the decisions in the cases of Messrs United Ven......sion of the Supreme Court of Bangladesh; Thai Seree Fishery Co. Ltd & Thai Seri Cold Storage Co. Ltd. Vs. Amin Fish Farm & Industries Ltd. Lawyers Involved: M. HafizuUah with Mokbul Ahmed and P. Bhattachariya—For the defendant-appellant. Moudud Ahmed with A.K.M. Shamsul ......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. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......the respondent Basharat Ali as plaintiff instituted the suit which was decreed by the trial Court and affirmed by the Court of First Appeal as stated above. 2. Mr. Md. Ahsanul Kabir, the learned Advocate appearing for the appellant has taken me through the judgments of the Court's below. Th......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Abdul Jaher Vs. Abdul Kader & others, 1984, 13 CLC (HCD)
....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 ......ing the Other Suit No. 183 of 1977 of the 1st court of Munsif at Satkaina to any other court of competent jurisdiction mainly on the ground that the plaintiff has got the signatures of all the senior Advocates the local Bar as such the petitioner could not get an Advocate of his choice to defend his......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 ......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 ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
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