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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 said firm is a reputed one carrying on Artdari business. At the instance of some interested persons with whom the detenu has got business dis­putes police implicated the detenu in some specific cases and without an inquiry submit­ted charge-sheet against the detenu in Kotwali P.S. Case No...

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. ......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 the case properly and erred in not allowing the application for appointment of a receiver. 7. It ap..

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.               ......gorous imprisonment for 10 years for committing offence under section 304 Part I of the Penal Code. No sentence has been passed for committing offence under section 201 of the Penal Code. 2. The case for the prosecution, in brief, is that deceased Lutfunessa (aged 20 years) was the wife of accu..

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.     ......rty No.1 Kaloo Khandaker under section 420 Penal Code and senten­cing turn thereunder to a fine of Tk. 5,000/- in default Rigorous Imprisonment for 2(two) years. 2. Briefly, the facts of the case are that the petitioner lodged an F.I.R with the Motijheel Police Station being Motijheel P.S. ..

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. ......te-party No.1 Kaloo Khandaker under section 420 Penal Code and senten­cing turn thereunder to a fine of Tk. 5,000/- in default Rigorous Imprisonment for 2(two) years. 2. Briefly, the facts of the case are that the petitioner lodged an F.I.R with the Motijheel Police Station being Motijheel P.S. ..

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. ......he report of the Commissioner 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 th..

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. ......bunal No.1, Chittagong should not be quashed. Pending disposal of the rule all further proceedings of Special Tribunal Case No.17/85 was stayed till the disposal of the Rule. 2. The facts of the case are that on 18.11.83 Shamsuddin Ahmed, Senior Customs Intelligence and Investigation Officer, C..

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.       ...... appellants under sections 302/34 of the Penal Code and sentenced them to suffer transportation for life. Against the said order the two appellants have preferred this appeal. 2. The prosecution case as stated by the informant P.W.1 Abu Siddique are as follows: On 16.1.83 at about 12 in th..

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     ......sions Judge to quash Criminal Proceeding- Sessions Judge 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 i..

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.   ...... Md. Alam and Md. Idris along with 10/15 others took away from complainant's land paddy worth Taka 3000/- from his possession and that the paddy was grown by him. The Police investigated into the case and submitted final report. The Sub-Divisional Magistrate accep­ted the final report and di..

Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1

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

....cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. .......6.84 on which date the complainant also obtained it but filed the appeal in this Court on 4.9.84. The appellant filed an application for cond­onation of delay. The limitation in the pre­sent case is 60 days as prescribed by section 417(3) of the Code of Criminal Proce­dure which reads a..

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. ......ispute that a transfer to a co-sharer by purchase is pre-emptible, but the question is whether it is pre-­emptible by a contiguous land holder. The learned Single Judge took the view that in this case the co-sharers by purchase namely, the appellants-transferees, did not join with the pre-emptor..

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.       ......ercises full control and management over m.v. CHERRY ORIENT, these need not be answered at this stage without going into full evidence which may he led by the parties to substantiate their respective case in this regard. Moreover, for the reasons lam proceeding to give on a main question, it need no..

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. ...... institution of the suit. The said peti­tion for amendment was rejected by the Court. While rejecting the application for amendment the Court allowed the plaintiff to depose in support of his new case which he wanted to introduce by way of amendment. According­ly, the plaintiff on recall dep..

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.   ......stered company which carries on business of manufacture and sale of washing soap and they are the oldest manufacturer of washing soap popularly known as "Ful Marka Saban". It is the further case of the plaintiff that they are selling their "Ful Marka Saban" since be­fore the ..

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.   ...... did not pay heed to the same in spite of repeated request to complete the transaction and therefore suit for specific performance of contract was filed. 3. The defendant has admitted the case of the plaintiff that there was an agreement for  sale and the earnest money of Tk. 1,00,0..

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.   ...... Court of Sessions for trial and the same was numbered as S.T. Case No.204/82. The said Sessions Trial Case remained pending for a considerable period and ultimately on 13.9.82 the record of the said case was received back by the Chief Metropolitan Magistrate, Chittagong for disposal as in the meant..

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. ......ion, prefer an appeal to the District Judge within whose jurisdiction the election in dispute was held; and the decision of the District Judge on such appeal shall be final. Provided that in the case of a decision announced before the commencement of the Local Government (Union Parishads) (Amen..

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.   ......rned District and Sessions Judge, Rangpur upon a complaint dated 28.12.83 lodged by the said Munsif-Magistrate:— 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..

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

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 aforesaid order of conviction and sentence. Both the Death Reference Case and the Cri­minal Appeal have been heard together and will be disposed of by the same judgment. 3. The prosecution case as stated by the informant P.W.1 Dula Mia at the trial is that deceased Abdur Rashid was his br..

Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1