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Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
.... 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......irs & 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 Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DLR (SC) 249;......cause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenue Jamaluddin Ahme..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. ......pect of the suit properties contending, inter alia, that some of the defendants cut earth from plot No.1355 comprising a pond in spite of the order of temporary injunction passed against them earlier and the plaintiffs-appellants already filed an application for taking action against them for v...... Lawyers Involved: M. Fazlul Karim—For the Appellants. First Miscellaneous Appeal No. 30 of 1985. Judgment Md. Abdul Jalil J.— This appeal is directed against the order dated 21.8.85 passed by the learned Subordinate Judge, Patiya in Partition Suit No.270 of 1984..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
.... 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......—For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Tr......sh;For the State. Criminal Appeal No. 66 of 1984. Judgment Fazle Hussain Mohammad Habibur Rahman J.—This appeal by accused Noor Mohammad is directed against the judgment and order passed by Mr. M.A. Quddus, Additional Sessions Judge, 3rd Court, Chittagong in Sessions Trial ..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....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 ......Rahman J Md. Yeakub Kazi…………………………………………….Petitioner Vs. Kaloo KhandaKer……………………………&hell......r the Opposite-Party No.1. Criminal Revision No. 56 of 1984. Judgment A.T.M. Afzal J.—This Rule, at the instance of the informant-petitioner, is directed against the judgment and order dated 5.3.1984 passed by a Metropolitan Magistrate, Dhaka convicting the Opposite-party No.1 K..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....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......Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Latifur Rahman J Md. Yeakub Kazi……………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. Result: T......ariq - For the Opposite-Party No.1. Criminal Revision No.56 of 1984. Judgment ATM Afzal J.- This Rule, at the instance of the informant-petitioner, is directed against the Judgment and order dated 5.3.1984 passedby a Metropolitan Magistrate, Dhaka convicting the Opposite-party No.1 Ka..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. ...... afresh again in the light of fresh materials as may be legally brought in the record by the parties. The Commissioner's report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise......t No. 181 as described in lot No. 1 of the schedule of the plaint and prepare a map thereof." 4. The Trial Court also appointed an Advocate to hold inspection of the suit land and issued an order to ascertain the exact location of the septic tank, sunshed and eastern walls of the newly unf..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....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......p;……..………….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 Ahmed Chowdhury with Mustafa Niaz M...... in the F.I.R. the Customs officials searched the launch and seized 500 cartons of 555 Cigarettes, 150 cartons of Benson and Hedges cigarettes (in all worth Tk. 1,80,900/-), 400 pieces of Taperecorders (National Panasonic, worth Tk. 6,86,400/-), one piece of Sony Colour T.V. 20" (worth Tk...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. ......dash; For the Appellants. Gazi Abdul Mannan, Assistant Attorney-General— For the State. Criminal Appeal No. 303 of 1983. Judgment Amin-Ur-Rahman Khan J.— By a judgment and order dated 8.9.1983 passed in Sessions Case No.73 of 1983 the Additional Sessions Judge, 2nd Co......; For the Appellants. Gazi Abdul Mannan, Assistant Attorney-General— For the State. Criminal Appeal No. 303 of 1983. Judgment Amin-Ur-Rahman Khan J.— By a judgment and order dated 8.9.1983 passed in Sessions Case No.73 of 1983 the Additional Sessions Judge, 2nd Court,..Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....te Feni, Noakhai should not be quashed. 2. The petitioner filed the aforesaid case on 4-6-1980 on the allegations, that on 30--80 the accused opposite parties along with 10/15 others formed an unlawful assembly and upon being armed committed lurking house trespass at night and forcibly took pos......e of the prosecution case permissible in a proceeding for quashing at the stage the Sub-Divisional Magistrate issued process against the accused. The Court has to accept the prosecution case as it is and has to come to a conclusion that upon the facts alleged no criminal offence has been disclosed-C......has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of the opinion that a prima face case was made out then he could have referred the case for an order of the High Court Division. It is because the High Court Division exclusively exercises the po..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....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......ul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23,......h; This Rule was issued under section 561A Cr.P.C. calling upon the Deputy Commissioner, Chittagong and accused respondent Nos.1 to 8 asking them to show cause why the impugned judgment and order dated 14.8.83 passed by the Sub-Divisional Magistrate, Sadar, (North), Chittagong in P. N..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
....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......int 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 pronounced on 13.5.84 and that the application for its certified copy was filed on 4.6......site Parties. Criminal Appeal No. 79 of 1984. Judgment Md. Abdul Jalil J.- This an application for admission of appeal under section 417(2) of the Code of Criminal Procedure against an order dated 13.5.84 acquitting the accused respondent Abdur Rahman of the charge under section 12(1)..Category: Criminal Law, Limitation Law | Date: 20 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. ...... Vs. Sree Satya Narayan Pramanik & others…………Respondents Judgment July 9, 1985. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) When the suit land has been transferred to the appellant......;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..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)
....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...... 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 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff ......;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 (..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... 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....... 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. Lawyers Involved S. C. Da......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..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....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......ted in: 38 DLR (HCD) (1986) 135. ......: 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..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... 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 ......owdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J H.N. Fabrics Ltd…………………………....Petitioner Vs. Mallick Textile Industries and others.……..Respondents Judgment January 15, 1985. Resu...... 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)
....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......sp; ......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..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
.... 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......ision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Habibur Rahman Talukder..............................Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Resul...... 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 ..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....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...... 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 Rahman— For the State. Azizul Hoque and S.M. Amin Azhar— For the Pe...... 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
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....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......) Present: Mustafa Kamal J Md. Abdul Wahab J The State...........................................Petitioner Vs. Mosammat Mallika Khatun...................Respondent and Mosammat Mallika Khatun...................Petitioner Vs. The State.....................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..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
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