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

.... 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...... 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)

....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 ......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)

....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......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)

....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...... 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)

....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......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)

.... 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....... 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)

....; 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,......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)

....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......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)

....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......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

Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)

....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)......peal against an order of acquittal under the Code of Criminal Proce­dure. It may be mentioned that before section 417(2) was inserted in the said Code by the Amending Ordinance No.49 of 1978, the Government only was given the right of appeal against an order of acquittal under section 417 of the..

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)

....;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)

....;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)

....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)

....: 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)

....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......riminal Procedure dealing with constitution of criminal Courts and offices. After the amendment in question by Ordinance No.XXIV of 1982 section 9 Cr.P.C. reads as follows:— "9(1) The Government shall establish a Court of Session for every sessions division, and appoint a judge of su..

Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2

Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)

.... 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 ......ul Quayum the learned Advo­cate for the petitioner, argued that the Election Tribunal is not a Court and as such the District Judge who is the appellate authority under the provision of the Local Government (Union Parishad) Ordinance, 1983, (Ordinance No.XL of 1983) (hereinafter called the Union..

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.   ......m. 2. During the pendency of the above contempt Rule, the learned District and Ses­sions Judge, Rangpur forwarded two repre­sentations submitted by the aforesaid Munsif-Magistrate to the Government praying for his transfer from Chilmari and also praying for leave to leave his present pl..

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

The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)

....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)

....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)

....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...... was a case under the East Bengal (Emergency) Requisition of Property Act, 1948. In that decision it has been stated that the said Act provides for appeal to the Com­missioner and revision to the Government and as such the validity of any act done un­der the said Act cannot be challenged in ..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2