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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. ......4 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 circumstances suc..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. ......t No.77 of 1984. The plaintiff asserted that he is the elected President of the said Chamber since 1980 and the order has been passed illegally and in a mala fide manner and he has a good prima facie case for injunction and if in the meanwhile the order of injunction be not granted then he will..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. ......on made to him or otherwise "where further investigation into an offence is stopped on the expiry either of the specified time or of the extended time under sub-section (5)." In the instant case the investigating police realised that it was not possible for them to complete the investigati..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. ......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 informant herself in this case. On 16-4-80 at 8-45 A.M. she lodged an F.I.R. at P.S. Pirganj, District Rangpur stating that in..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;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 ......onvicting the five accused appellants under section 302/34 of the 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 b..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. ......of the Company Act in the territory now comprising Bangladesh, it can, in no circumstances, be declared as an abandoned property………(16) In view of special circumstances in this case, and by virtue of the power conferred upon the Appellate Division of the Supreme Court by the ..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.......ed a suit for special performance of contract. The suit is pending. It would not be adviseable to make any comment. Accordingly in this judgment we refrain from touching the factual aspects of the case. 2. Leave was granted to consider the scope of Order 18, rule 17 of the Code of Civil Proc..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 ......he plaintiffs for the first time came to know about the kabala and bainanama on 22.3.65. After making necessary inquiries the suit was filed on 9.6.65 against as many as seven defendants. The further case of the plaintiffs is that the defendant No. 1 proposed to purchase the disputed land from the p..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. ...... has been pending. On 9.2.84 the petitioner filed an application under Section 344 of the Code of Criminal Procedure in the aforesaid Sessions Case praying its adjournment pending receipt of the case records of the C.R. Case No.568 of 1983 from the Court of the Sub-divisional Magistrate, S..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. ......the ambit of section 42 of the Specific Relief Act. The said section does not really bar a negative declaration as such if otherwise its condition and terms are fulfilled as it has been found in this case. By seeking declaration in a negative way namely that, ''Defendant No.1 is not the adop..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. ......and P.W.4 Barada Charan Baidya became satisfied about the plaintiff's alleged agreement of reconveyance. The learned Munsif has observed that P.Ws.3 and 4 were the most competent witnesses in the case. The learned Munsif for being satisfied about the genuineness of the disputed document Ext..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. ......o restrain the defendants from disturbing the plaintiffs' possession of the suit land. The suit was in respect of 4 schedules of lands namely schedules Ka to Gha. 2. The plaintiffs' case was that the lands of schedule Ka belonged to Mojibor Rahman and Rajab Ali from whom the plaint..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. ...... learned advocate Mr. Mustafa Niaz Muhammad, from Bandarban Jail on 6-2-1984 which is said to be the date of surrender of the accused appellant to custody after his conviction on 23-1-84. 2. The case for the prosecution, in brief, is that deceased Rabi Chandra Chakma, a candidate for S.S.C. exa..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. ......e occurrence took place. A statement made long after the occurrence cannot be so used for corroboration as it does not exclude the chance of false implication of innocent persons. In the instant case, the statements made by P.W.6 and 7 to the I.O. are not long after the occurrence and these cor..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 ......e prayer of the petitioner to be added as defendant in the suit mainly on the ground that the suit is one for specific performance of contract of sale and the petitioner is not a necessary party in a case like this. Being dissatisfied with and aggrieved from the said order of the learned Subordinate..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 ...... 4 plots with an additional prayer for purchasing the 8 annas share of the defendant-in the dwellings house in plot No. 492 under section 4 of the Partition Act. 3. The plaintiffs' case was that the suit land belonged to Amritolal on whose death it devolved upon his two sons Jadab..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. ......k to its original destination." So it appears that the vessel after discharging the cargo will go back to its original destination and will not remain on voyage from port to port. In the present case, admittedly, the defendant No. 1 has got no other property in Bangladesh. If the suit be d..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 ......he property and it is evident that it does not of itself create any interest in such property. In this view of the matter it seems clear to me that the rule against perpetuity is not attracted in the case before me. However, the learned Advocate has referred to the decision of Md. Affan and others V..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 ......tent 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 case and that the defendant petitioner is not financially solvent enough to bring the Advocate from ..Category: Arbitration Law | Date: 30 May, 1984 | Hits: 2
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ......e Deputy Collectors empowered to make settlement of land should not settle agricultural lands with non-cultivators or with persons who have already more than five acres of cultivable lands. If in any case, limit of transfer prescribed by Section 90 of the act is I proposed to be exceeded under the p..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3