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Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....rt is restored. No order as to costs. 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. ......;For the Appellants. Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Ex Parte—Respondent Nos. 2-7. Civil Appeal No.171 of 1983. (From the judgment and order dated 6 July 1983 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 22 o....... 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)
..... Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (AD) 110 (paras 9-10); 2 All ER, 274 (277). Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Mohammad— For the Plaintiff. M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 ......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. ......;ding Co.................................Plaintiff 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 (......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)
....tg) of 1985. Judgment Syed Mohammed Ali J.— This Rule at the instance of the defendant is directed against order No.98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.198...... 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. ......M. Fazlul Karim— For the Opposite Party. Civil Revisional No.73 (Ctg) of 1985. Judgment Syed Mohammed Ali J.— This Rule at the instance of the defendant is directed against order No.98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Othe...... 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)
....rts on Patent Cases 257; 25 Reports on Patent Cases 361. Lawyers Involved: Asrarul Hossain with Abdul Azim— For the Appellant (In both the appeals. Shafiqur Rahman with Mohamadullah— For the Respondent (In both the appeals). Appeal from Original order Nos. 23 and......on. 5. The learned District Judge after hearing the objections against the application for temporary injunction allowed the application for temporary injunction and made absolute the order of ad-interim injunction passed earlier. Hence these two appeals. Mr. Asrarul Hossain, the learned Ad......: Asrarul Hossain with Abdul Azim— For the Appellant (In both the appeals. Shafiqur Rahman with Mohamadullah— For the Respondent (In both the appeals). Appeal from Original order Nos. 23 and 24 of 1983. Judgment Sultan Hossain Khan J.- These two appeals have ari......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
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....preme Court 244; Ex parte Walton In re Levy, (1881) 17 Ch. D. 746 at 756 (A); New Shorrock Spg. and Meg. Co. Ltd. Vs. N.U. Raval, Income Tax Officer and another, AIR 1959 (Bombay) 477; Lal Girjesh Bahadur Pal Vs. Chaudhari Bhangwati Prasad, AIR 1942 Allahabad (F.B.) 153. Lawyers Involved: ......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. ......was issued on 9.4.84 at the instance of the accused petitioners upon the Deputy Commissioner, Chittagong and complainant opposite party Mst. Razia Begum asking them to show cause why the judgment and order dated 22.2.84 passed by Mr. Alauddin Sarder, Assistant Sessions Judge, 2nd Court, Chittag......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)
.... 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 others, 21 DLR at page 569. Lawyers Involved......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. Hemayetuddin Ahmed with Nurul Islam— For the Opposite-Party No.1 Civil Revision Case No. 166 of 1984. Judgment Daliluddin Ahmed J.- This Rule arises against the order, dated 11.8.84, passed by the District Judge, Barisal in Election Appeal No.4 of 1984 staying ......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. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....bdur Rashid Vs. State, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. Lawyers Involved: Marfat Ali with Md. Altafur Rahman— For the Condemned Prisoner. Sultan Ahmad, Deputy Attorney-General with Mokhter Hossain and Quazi Akhter Hossain, Assistant Attorney-Genera......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. ......ned prisoner Most. Mallika Khatun has been convicted u/s 302 of the Penal Code and sentenced to death by Mr. A. K. Mohammad Ali, Additional Sessions Judge, 3rd Court, Rangpur by his judgment and order dated 24.7.83 in Sessions Trial Case No.225 of 1982. 2. Death Reference Case No.7 of 1983......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)
....t 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 true, and that (c) such confession was duly taken. The Court shall......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. ......y;mitted in evidence. 7. The question that falls for determination is, whether the Magistrate who recorded a confession under section 164 Cr. P.C. is to be compulsorily examined in Court in order that the confession may be legally proved and admitted into evidence. In other words, is the e......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)
................Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & ...... 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. ......sh;For the Petitioner. B. N. Chowdhury—For the addition of Parties. Civil Revision No. 256 of 1984. Judgment Latifur Rahman J. - This Rule is directed against the appellate order of the District Judge arising out of an application for temporary injunction under Order 39 Ru...... 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)
.... 37 DLR (HCD) (1985) 97. ......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. ......heir maid servant accused Sabitri Rani Dey on 29.4.83. On 30.4.83 accused petitioner Sabitri Rani Dey was arrested and sent to the Court of the Chief Metropolitan Magistrate. In pursuance of the order of the learned Sessions Judge, Chittagong accused petitioner Sabitri Rani Dey and another accu......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)
....lowing 15-4-80 she was sleeping with her deceased husband Mukul and daughter Moushumi in their south-facing hut. At about 2-30 A.M. in the early hours of 16-4-80 a man called her husband from outside addressing him as 'Mama'. Her husband opened the door. Then a tall and fat man with a m....... 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. ......haheb Ali were convicted under section 302/34 of the Penal Code and sentenced to transportation for life each by Mr. Md. Rezaul Haque, Additional Sessions Judge, 2nd Court Rangpur by his judgment and order dated 19-8-81 in Sessions Trial Case No.52 of 1981. 2. Appellant Zaheda Begum was the in&....... 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)
....I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......;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 ......th Malik Syed Ahmed and Md. Mokhtar Hossain—For the State. Criminal Appeal No. 44 of 1983 Judgment Amin-Ur-Rahman Khan J.— This appeal is directed against, the judgment and order of the Sessions Judge, Pabna convicting the five accused appellants under section 302/34&......;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)
....resaid date. No costs. Ed. This 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. ......ising out of the Judgment and Order dated 3.8.83 passed by this Court in Civil 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 ar......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)
....costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32....... 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.......ch power cannot be exercised for giving undue advantage to a party .........(4) Exercise of discretion for recalling the plaintiff after 2½ years was irregular exercise of power and such order must be set aside. The Appeal is allowed and judgment and order of the High Court Division ar...... 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)
.... This Case is also Reported in: 36 DLR (1984) (HCD) 357 ...... 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 ......ts of this case. In the result, the appeal is dismissed and the judgment and decree of the Courts 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 ...... 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)
....ench) (Criminal Revisional Jurisdiction) Present: Md. Abdur Rouf J Md. Abdul Muttalib J Arjuman Ali................................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judgment August 2, 1984. Result: ......n of health of the said opposite party No.1 was required to be received from the Civil Surgeon. The learned Additional Sessions Judge heard both the parties and released the opposite party No.1 on ad-interim bail on medical ground. No doubt the allegation against opposite party No.1 is a serious one......the Sub-Divisional Magistrate, Sunamganj and the same was dismissed on 26.1.83 on merit. Upon a motion under Section 436 Cr.P.C. the learned Additional Sessions Judge, 2nd Court, Sylhet set aside the order of dismissal of the complaint by his judgment dated 8.9.83 and directed further enquiry into c...... 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)
.... Judgment July 31, 1984. Result: The Rule is discharged. Negative declaration A negative declaration sought by the prayer for a declaration that defendant No.1 is not the adopted son of plaintiff's father but this, in the facts and circumstances narrated the plaint t......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. ......tually though indirectly amounts to declaration of plaintiff's own legal character. 9. The real purport of the suit and the actual substance of the relief prayed has to be considered in order to see if the requirement of section 42 is fulfilled or not. The apparent form and langua......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
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....High Court Division (Rangpur Bench) (Civil Appellate Jurisdiction) Present: Amin-Ur-Rahman Khan J Bazlur Rahman..............................Appellant Vs. Jan Mohammad.............................Respondent Judgment July 24, 1984. Result: The ap......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. ......learned Additional District Judge for deciding the appeal afresh in accordance with law and in the light of the observations made above. 11. The appeal is therefore allowed without any order as to costs. The judgment and decree passed by the learned Additional District Judge is set as......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)
....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—For the State. Criminal Appeal No......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. ......mirul Kabir Chowdhury—For the State. Criminal Appeal No. 30 of 1984 Judgment Fazle Hussain Mohammed Habibur Rahman J.— This appeal is directed against the judgment and order dated 23-1-84 passed by Mr. R.L. Sarker, Additional Commissioner, Chittagong Division and Ex-O......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)
....nciple that if there is consistency between the previous statement and the present testimony of a witness; it may be considered a ground for believing him……..(11) Identification parades are held for the purpose of enabling witnesses to identify the properties which are the subject......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. ......hammad Abdul Haque—For the State. Criminal Appeal No. 68 of 1983. Judgment M. S. Ali J. - This criminal appeal by Tota alias Tofazzel Hossain is directed against the judgment and order dated 23.3.83 passed by Mr. S.H. Bahar, Assistant Sessions Judge, Jhenidah in Sessions Case No......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
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