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Md. Suruj Mia Vs. Katu alias Abdul Latif & others, 1984, 13 CLC (HCD)
....Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. These two rules are disposed of by this judgment since questions of law and facts involved in them are same. 2. The accused-opposite parties in both the rules were......Hossain Khan J.—These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding of Sessions Case No. 369/1982 as stopped and releasing the accused persons under section 339C (4) of the Code of Criminal Procedure. ......vision No.140 of 1983). Criminal Revision No.121 of 1983 with Criminal Revision No. 140 of 1983. Judgment Sultan Hossain Khan J.—These two rules have arisen out of an order passed by the learned Additional Sessions Judge, 2nd Court, Comilla, treating the proceeding o..Category: Procedural Law | Date: 18 Jan, 1984 | Hits: 132
Nazir Ahmed & others Vs. The State, 1984, 13 CLC (HCD)
....bsp;B.P.C. The date of alleged occurrence is 28-7-71. From the FIR it does not disclose anything that was done by the accused in connection with the National Liberation Struggle or for maintenance of law and Order to invoke the provision of P.O. 16/73. The offence complained of can in no way be conn......ent have stated that the accused are freedom fighters does not ipso facto give any indemnity for committing any offence against innocent citizens. P.O. 16/73 has no manner of application in the facts and circumstances of the present case. Cases Referred To- Syed Matiur Rahman Vs. The state......sed. 3. On the basis of this FIR. G.R. Case No.166/71 was started under Section 396 of the Penal Code. Police submitted final report dated 30-12-71. Thereafter nothing appears from the order sheet of the said ease of the Magistrate. Informant Kasem Ali's son Ali Hossain, member of..Category: Criminal Law | Date: 3 Jan, 1984 | Hits: 2
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....r No. 16 of 1972 read with the Bangladesh Abandoned Property Order, 1972 whereupon such business and properties of Imperial Chemical Industries (Pakistan) Limited in Bangladesh vested by operation of law in the Government of Bangladesh with the result that the Imperial Chemical Industries (Pakistan)......eal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangladesh, (1979) 31 DLR (AD) 266. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Mirza Hossain Haider and Mokbul Ahmed—For the appellant. Muzammel Hossain with Syed Moazzem Hossain—For ......le against the defendant-appellant Company. The learned Subordinate Judge rightly decreed the suit and we find no reason to interfere with the same. In the result, the appeal is dismissed without any order as to costs. The judgment and decree of the trial court are upheld and confirmed. The plaintif..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....it before a Munsif praying for a declaration that such order of an ad-hoc appointment of an Assistant Professor in the Law Faculty of Rajshahi University was passed by the Vice-Chancellor without any lawful authority and consequently prayed for perpetual injunction permanently restraining the V......hi University—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and order dated 30.6.83 passed by District Judge, Rajshahi in Misc. Appeal No.35 of 1983 dismissing ......niversity—Appeared in person. Civil Revision Case No. 192 of 1983. In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting said judgment and order dated 30.6.83 passed by District Judge, Rajshahi in Misc. Appeal No.35 of 1983 dismissing the ..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....company is Tk. 26 lakhs divided into 26 thousand snares of Tk. 100.00 each. It is stated that on the basis of a business arrangement Taiwa Company Ltd. a company incorporated under the laws of Japan (hereinafter called Taiwai) became a share holder of the respondent No.1 Com..................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assurance...... restrained from participating and voting in the annual general meeting of the respondent No.1 Company till four weeks from date. The respondents prayed for stay of operation of this Court's order dated 14.9.83 before the Appellate Division. The leave petition was dismissed but it was direc..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)
....uit lands after the purchase showing subsequent conduct of the parties and as such their finding of benami has been erroneous. The learned Advocate further submits that the Courts below have erred in law in relying upon the Muktinama Ext. 1 dated 20.3.67 even though the defendants had alleged that t......ts Vs. Badsba Meah & others.......................Respondent Judgment November 23, 1983. Result: The appeal is dismissed Cases Referred To- Joydayal Fodder and another Vs. Mst. Hazra and others decided by the Supreme Court of India AIR 1974 (SC) 171; India......erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37 ..Category: Property Law | Date: 23 Nov, 1983 | Hits: 3
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....ition of fact affirmed by the pre-emptors regarding 'the fact that if the pre-emption is allowed, the added land will not exceed the ceiling of land the pre-emptor are permitted to hold under the law has not been specifically and sufficiently denied by the pre-emptees….(18) Objection......orted in: 36 DLR (1984) 81. ......itioners. S.C. Das—For the Opposite Parties. First Miscellaneous Appeal No.22 of 1993. Judgment Mohammed Habibur Rahman J.— This appeal arises out of the judgment and order passed on 05.06.1983 by the Subordinate Judge, Cox's Bazar in Misc. Case No.6 of 1981 allo..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Md. Taheruddin Vs. Abul Kashem & others, 1983, 12 CLC (HCD)
.... that the informant had lost interest in the prosecution. 11. In the olden days the Code of Criminal Procedure maintained a distinction between summons cases and warrant cases it was the settled law with regard to trial of a warrant case that it was not the complainant but the Court's duty ...... XXIII of the Code of Criminal procedure comprising sections 265A-265L contain provisions of trial before Courts of Sessions. It is very much necessary for the Sessions Court to fully appreciate when and under what circumstances an order of acquittal can be passed. 4. If, before framing the cha......li—For the Petitioner. Md. Altafur Rahman—For the Opposite Parties. Criminal Revision Case No. 61 of 1983. Judgment Mustafa Kamal J. - This Rule is directed against an order of acquittal dated 13.1.83 passed by Mr. A. H. Ahmed, Assistant Sessions Judge, Naogaon, in Se..Category: Criminal Law | Date: 19 Nov, 1983 | Hits: 4
Abdul Hamid Vs. Dbakeswari Cotton Mills Ltd. & others, 1983, 12 CLC (HCD)
....t Mustafa Kamal J. – These applications u/s. 171 of the Companies Act have been heard together and will be disposed of by the same judgment as they all raise a common question of law. 2. Dkakerwari Cotton Mills Ltd. Is the common respondent in all these applications. By P.O...... are discharged. Lawyers Involved: Md. Shahjahan—For the Petitioner. A. M. Nooruddin Ahmed—For the Respondent. Matter No. 18 of 1983 with Matters No. 19-23, 28-31 and 33 of 1983 Judgment Mustafa Kamal J. – These applications u/s. 171 of ......o. 27 of 1972 originally provided as follows: “23. No. provision of law relating to the winding up of companies shall apply to a Corporation and a Corporation shall not be wound up save by order of the Government and in such manner as it may direct.” 3. By P.O. No. 37 of 1972 t..Category: Company Law, Corporate Law | Date: 16 Nov, 1983 | Hits: 5
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....t under the provisions of section 57(5) of the Registration Act…..(9) Under section 33 of the Evidence Act, evidence given by a witness before any person authorised by law to take it, is relevant for the purpose of proving in a subsequent judicial proceeding the truth......ahbubey Alam—For the Appellant. No one—For the Respondent. Second Appeal No. 319 of 1965 Judgment Mustafa Kamal J. - These two Second Appeals have been heard together and will be disposed of by same judgment as they arise out of the same appellate judgment. 2. T......aintiff has been able to do so then the appellate Court below shall bear in mind the decisions cited by Mr. Khondker Mahbubuddin Ahmed. 18. In the result, the appeals are allowed but without any order as to costs. The judgment and decree of the appellate Court below are set aside and the appeal..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Mortoza Elahi @ Tipu & others Vs. The State, 1983, 12 CLC (HCD)
.... In the result, the Rule is discharged. The order of stay for further proceeding of Sessions Case No.508 of 1982 is vacated. The Sessions Case No.508 of 1982 is now proceed in accordance with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. ......e State.......................................................Respondent Judgment November 13, 1983. Result: The Rule is discharged. Cases Referred to- Md. Badir Mollah and others Vs. The State and others, Criminal Revision Case No.82 of 1983. Lawyers Involved: ......torney-General—For the State. Criminal Revision No. 59 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the opposite party to show cause why the order dated 12-5-83 passed by the Additional Sessions Judge Court No.11 Jessore fn Sessions Case No...Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 1
Abdul Mannan Sarder & others Vs. The State, 1983, 12 CLC (HCD)
.... his men proceeded to that direction and when they reached the place they were surrounded and one accused person hurled a hand bomb upon them in consequence of which complainant's brother-in-law was injured. Accused Abdus Sattar caused bleeding injury on the head of Ruhul Amin by giving a D......Nazirul Islam— For the Opposite Party. Criminal Revision No. 30 of 1983. Judgment Abdul Matin Khan Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Khulna and the Opposite Party to show cause why the proceedings of Sessions Case No.119 of 1982 pending bef......with law. Communicate the Order at once. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 38. ..Category: Criminal Law | Date: 13 Nov, 1983 | Hits: 2
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
.... service on the falsa plea of leave on medical ground. As he was purely a temporary employee under the work-charge establishment he had been dismissed from service after following due process of law. 7. The learned Munsif found with regard to the first order under challenge that the post o......R (S.C.) 41; Bangladesh Small Industries Corporation Vs. Mah-boobHossain Chowdhury, 29 DLR (SC) 41; Bangladesh Biman Corporation, Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T......vants (Efficiency and Discipline) Rules, 1968 and the office memo dated 26.10.74 inflicting some punishment upon him are illegal, ultra vires, irregular and without jurisdiction and (3) that the order of dismissal from service by memo dated 4.8.75 is illegal, unwarranted and void. 3. The l..Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1
Abul Hossain & others Vs. The State, 1983, 12 CLC (HCD)
....lead to surprising discoveries and may reveal facts sufficient enough to fix the responsibilities for this murder. With that hope I intend to send back the case on remand for fresh trial according to law having regard to the observation made herein." Being aggrieved by the aforesaid o..................(11) Whether appellate court after affirming the finding of the trial court that there is no evidence on record against the accused justified in setting aside the order of acquittal and directing retrial--This is an abuse of the process of the court and must be set aside--Code of c......not inconsistent with the provision of this Act, shall apply to the proceedings of Special Tribunals. To prevent the abuse of the process Although this Court has no power to revise any order, judgment or sentence passed under the Special Powers Act but this Court has jurisdiction unde..Category: Criminal Law | Date: 25 Oct, 1983 | Hits: 1
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....site parties in this Revisional Application on the other hand has urged that the impugned orders suffers from no illegality because the court had not exercised a jurisdiction not conferred upon it by law nor it had in exercise of that jurisdiction acted illegally with material irregularity only......in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate case being Miscellaneous Case No.48 of 1980 after the death of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate ......owdhury J. - This rule arises out of an application under Section 115(1) of the Code of Civil Procedure filed by Mrs. Ummida Islam Khan wife of late Serajul Islam Khan @ Nasu Khan challenging an order dated 6.6.81 passed by the Subordinate Judge, Khulna, passed in Misc. Case No.48 of 1980 holdi..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Nazimuddin and another Vs. The State, 1983, 12 CLC (HCD)
.... in the F.I.R. that he saw the occurrence from the pond where he was washing his face nor did he state in the F.I.R. that he went to the bridge. He also submits that P.W. 2 Dalilur Rahman (brother-in-law of the deceased) and P.W. 4 Zaker Hossain (nephew of the deceased) did not tell the Investigatin......984) (HCD) 22 ...... 2". 4. Another incised wound on the right side of the forehead 1" X 1/2". 5. One incised wound in the left side of the back 21/2" away from the midline below the lower border of the left scapula measuring 2 1/2" X 1/2" X 2. 6. One perforated wound just 1..Category: Criminal Law | Date: 20 Oct, 1983 | Hits: 1
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....between the parties over the same subject matter in which an order of injunction was already passed requiring the parties to maintain status quo it was held that the proceeding in question was bad in law and accordingly quashed. 5. Mr. Fazlul Karim. learned Advocate for the petitioner, has......urt High Court Division (Criminal Revisional Jurisdiction) Present: A.T.M. Afzal J A.B.M. Hassan Kabir.......................................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. ...... A.T.M. Afzal J. — This rule, at the instance of the 1st party-petitioner, arises out of a proceeding under section 145 of the Code of Criminal Procedure and it directed against judgment and order dated 30 5.83 passed by the learned Sections Judge, Comilla in Criminal Motion No.158/83 quash..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Khan Sons (a private Ltd. Company) Vs. Motor Vessel YIH SHEN and others, 1983, 12 CLC (HCD)
.... the Court would have allowed the said prayer, but the failure of the plaintiff to so submit was inadvertent, unintentional and purely accidental. This, Dr. Kamal Hossain submits, is an error of law apparent on the face of the record within the extended meaning of the word 'record'. ......urt High Court Division (Admiralty Jurisdiction) Present: Mustafa Kamal J Khan Sons (a private Ltd. Company)...................Petitioner Vs. Motor Vessel YIH SHEN and others....................Opposite Parties Judgment October 10, 1983. Result: ......F. Hasan Ari]—For the Petitioner. Review Petition No. 3 of 1983 (arising out of Admiralty suit No.12 of 1983). Judgment Mustafa Kamal J.- This is an application for review of the order dated 8.8.1983 whereby the plaintiff's prayer for withdrawal of the suit was allowed. The ..Category: Admiralty Law or Maritime Law, Limitation Law | Date: 10 Oct, 1983 | Hits: 12
Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)
....tition is a rule of equity and which could be relaxed when a partition might be necesesary for ends of justice and without causing any prejudice to any party. A rule of equity as opposed to a rule of law shall be applied on the convenience of the parties concerned and may be relaxed from time to tim........................Respondent Judgment October 4, 1983. Result: This appeal is dismissed. A suit for partition shall include the entire properties of the co-sharers held and possessed jointly- The general rule to include the entire properties of all the co-sharers ......plots of lands in khatian No.25 between the plaintiffs and the defendants There is no illegality in the judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290 ..Category: Property Law | Date: 4 Oct, 1983 | Hits: 2
M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)
....hat the trial Court must totally ignore the views of this Court with regard to temporary injunction. The suit will be decided completely on the evidence on record and on the appreciation of facts and law independently by the trial Court without being influenced in any way by any prima facie finding ......d...............................Respondent Judgment October 3, 1983. Result: Appeal is dismissed Cases Referred to- McCain International Ltd. Vs. Country Fair Foods Ltd. and anr., 1981 RFC 69(CA). Lawyers Involved: Abdur Rashid Khan with Ashraf All Kazi—......yed Sakhawat Ali- For the respondent. Appeal from Original Order No. 153 of 1982. Judgment Mustafa Kamal J. — This First Miscellaneous Appeal is directed against the judgment and order dated 24.5.82 passed by the learned District Judge, Dhaka in Title Suit No.19 of 1981 granting..Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12
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