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Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......………………………………………State Judgment March 8, 1983. Result: The appeal is allowed and the reference is rejected. No Eye-Witnesses and No Direct or Circumstantial Evidence- Unpro......tate. Criminal Appeal No. 252 of 1981 and Death Reference No. 6 of 1981. Judgment Amin-Ur-Rahman Khan J. — This appeal by the 6 accused-persons directed against the Judgment and order of the Additional Sessions Judge, 1st Court, Rangpur convicting and sentencing them to suffer ..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....it under section 9, C.P.C., but more akin to the proceeding under section 115, C.P.C., that only those provisions of the C.P.C. which are procedural and not in the nature of the substantive law may apply and that those provisions laying down penalties for failure to comply with the provisi...... Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. Bharat Board Mills Lt......ts. Writ Petition No. 529 of 1980. Judgment Fazle Hossain Mohammad Habibur Rahman J.- This is an application under section 82 of the Civil Procedure Code for reporting the case for the order of the Government. 2. Section 82 of the Civil Procedure Code reads as follows:- &qu..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....eing undisputed, Article 31 of P.O. No.26 of 1972 ensures a continuity of the application of the said Act to the new nationalised banks. Article 31 of P.O. No.26 of 1972 is as follows: "All laws relating to banks and banking companies shall, subject to such adaptation and modification as m......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"......ovisions of P.O. No.26 of 1972, as amended upto date, and has argued that as the Board of Directors of the Sonali Bank is appointed by the Government as the Board is guided by such general or special order as the Government may give it from time to time, as the officers and employees of the bank may..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....sional application and obtained this rule. 6. Mr. Syed Shamsur Rahman, the learned Advocate has appeared on behalf of the petitioners. He submits that both the Courts below committed an error of law dismissing the suit of the plaintiffs in as much as the order of acquisition of the suit land is...... is also Reported in: 3 BLD (HCD) (1983) 284. ......y. Civil Revision No. 806 of 1979. Judgment Abdul Matin Khan Chowdhury J. — This rule was issued calling upon the Deputy Commissioner, Jessore to show cause why the judgment and order passed by the learned Subordinate Judge, Jessore on 18-6-79 in Misc. Appeal No.6/79 affirming ..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......te Division
(Criminal)
Present:
FKMA Munim CJ
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Syed Md. Mohsen Ali J
Mahbubur Rahman Sikder and others................................Petitioners
Vs.
Mujibur Rahman Sikder alias M. R......zaman, Advocate, instructed by Md. Aftab Hossain, Advocate-on Record - For the Respondent No. 1.
Criminal Miscellaneous Petition No. 8 of 1982 (Contempt Matter).
(From the judgment and order dated 13 July, 1982 passed by the Appellate Division in Civil Appeals Nos. 63, 64 and 65 of 19..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......(1983) 102. ......executor filed the Probate suit, being Probate Suit No.5 of 1974. Thereafter Digindra died and an application for substitution of the heirs of Digindra was filed. The learned District Judge, vide his order dated 5-4-76, held that if the executor dies before obtaining Probate it cannot be granted to ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ......others………………………Opposite Parties Judgment December 13, 1982 Result: The CR petition is restored to its original file and number. Whether Every Order in a Criminal case is a judgment- The expression judg......ment' in the Code means a judgment of conviction or acquittal. Every Order in a Criminal case, therefore was not a judgment. Whether a decision of the High Court Division which is neither an order of conviction nor of acquittal is judgment- The order of dismissal for default being not ..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
....dinate to the District Magistrates. 5. In the present case, the learned Additional District Magistrate without admitting the appeal passed the following order:- "Heard the learned lawyer. I find no ground for its admission. Hence rejected. This order shows a total non application......admission but the Court must give its reason for such rejection at the initial stage. An appeal under section 407 of the Code gives a substantive right to the appellant to be heard on merit and without disposing the, appeal on merit it cannot be said that the learned Additional Distri......vision No. 38 of 1982. Judgment Latifur Rahman J.— In this application under sections 435 read with 439 of the Code of Criminal Procedure, the present petitioners have challenged the order of the Additional District Magistrate, Dinajpur in appeal case No.4 of 1982 dated 11-11-82 ref..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....xclusively by the Court of Sessions coming within the ambit of clause (b) of Section 190 Cr.P.C., the Magistrate after the amendment omitting enquiry under Chapter XVIII Cr.P.C. is required under the law to send the case to the Court of Sessions for disposal in accordance with law. In a complaint ca......; ......ether there is in his judgment no sufficient ground for proceeding or whether he shall send the case to the Court of Sessions. Further Enquiry after Discharge- If any one is aggrieved by an order of discharge passed by a Magistrate, although he connot file before the Magistrate a petition ..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
..... The pre-emptor filed an application for pre-emption stating that he is a non-notified co-sharer by inheritance. The pre-emption case was filed within time after proper deposit as required under the law for pre-empting the land sold by kabala, Ext. 1. 3. The pre-emptee contested the proceed&sh......e is also Reported in: 3 BLD (HCD) (1983) 99. ...... the lower appellate Court is set aside and the judgment of the trial Court is restored. Consequently the pre-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....;ceeding against him the Court may discharge the accused or send the 'petition of complaint left undisposed of to the Court of the learned Sub-Divisional Magistrate for disposal according to law as provided under sub-section 2(A) of section 202 Cr.P.C." The next impugned order is dated......lling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Court, Comilla in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows:- "Since ac......torney General— For the State. Criminal Revision No. 40(c) of 1982. Judgment ATM Afzal J. — Accused-petitioner Abdur Razzak obtained this rule calling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Court, Comilla i..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....be called injurious to public health. 7. In order to consider an offence under section 272 of the Penal Code and 25C(a) of the Special Powers, Act, it may be observed that both the provisions of law have been made in similar language. Section 272 Penal Code says that whoever adulterates any art......in the process of adulteration of food- Mere possession of any alleged adulterated food in any premise by itself will not constitute an offence under Section 272 of the Penal Code and Section 25C(a) of the Special Powers Act, unless it is alleged that a particular person or ......e jurisdiction of the High Court Division under section 561A of Cr.P.C. is an inherent power which cannot be deemed to be otherwise limited or affected and this Court is always empowered to make such order as may be necessary to prevent any abuse of process of any subordinate criminal Court and to s..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
.... the other hand, a ''license" as will appear from its definition in section 52 of the Easement Act is merely a competence to do something which except for this permission would be unlawful. It does not confer any rights in physical property. There is in the case of a license only p......wdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
...... foregoing facts and circumstances of the case we are of the view that the respondents' predecessor had no claim upon the suit land excepting as a licensee.
The appeal is allowed without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of ..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....upport of his submission that an order of discharge which, is passed on the merits and which is upheld by the Sessions Judge will practically have the same effect as an order of acquittal although in law there is no legal bar to the revival of fresh proceedings in respect of the same offence. H......t sought to be tried by a different Tribunal. Nor is he being tried under a separate rule of evidence. Records of the case shows the same witness. The accused has deposed to the same effect and has not deposed anything in respect of selling of the cloths in the black market. There was neit......, Madaripur and 11 witnesses for the prosecution were examined by him. The Sub-Divisional Magistrate after perusal of the evidence on record discharged the accused petitioner Nazrul Alam by order dated 12-8-78 under section 253 Cr.P.C. Against the said Order of discharged, co-accused Ashit..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......lip;.Respondents Judgment July 1, 1982. Result: The Appeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. Abdul Aziz and ors 34 CWN 46. Lawyers Involved: AH Md. Saadat Ali Khan, Advoca......t No.1 pursuant to their father's contract. 5. The trial court decreed the suit, it declared the plaintiffs right, title and interest to 2/3rd share of schedule Kha and Ga land and ordered that they were entitled under section 4 of the Partition Act to repurchase the remainin..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....s obtained against the Additional Deputy Commissioner (Rev.), as Custodian of vested and non-resident property and that the order of acquisition was for public purpose and made according to law. The learned Subordinate Judge after hearing the parties by his order dated 21-1-1977 found that......n Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Respondents Judgment January 27, 19......d others……………Respondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any ..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....of procedure, it involves a substantive right. There is no scope for review of an order by which an award is made under subsection (1) of Section 7A of the Act. It is a settled principle of law the review is not a matter of procedure. It involves a substantive right. The right of revi......rson aggrieved by an award made under Sub-section (1) of section 7A of the Emergency Requisition Act can only bring a suit in a civil Court of competent jurisdiction for determination of the dispute, and he is not entitled to re-agitate the matter by way of review…………&hel......sition of Property Act cannot be extended under section 14 or under any other provision of the Limitation Act, 1908 which has got no application to the special statute. No scope for review of an order by which an award is made- Review is not a matter of procedure, it involves a substantive righ..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
....ed with Shah Abu Nayeem and Maleka Parvin, Advocates— For the Respondents.
First Miscellaneous Appeal Nos. 26 and 65 of 1981.
Judgment
MH Rahman J.— As common questions of law are raised in these two matters, they have been heard one after another, and they are now dispos......p;……………………Respondent
Judgment
June 15, 1982.
Result:
These Appeals are dismissed.
Cases Referred to-
Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum ......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....e of action or lack of jurisdiction, the objection as to exercise of jurisdiction by that Court requires solution. 10. Mr. Rafiqul Huq, Counsel for the respondents, mentioned a few provisions of law in support of the proposition that the Admiralty Court had the necessary power of rejection as w......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ......d leave to consider whether the Admiralty Court was wrong in rejecting the plaint as, in its opinion, rule 11(a), Order 7. Code of Civil Procedure does not empower the Admiralty Court to pass such an order. 7. Mr. K. A. Bakr, Counsel for the plaintiff-appellant, submitted that the provisio..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....spondent No. 2 by respondent No.1. The company wrote to respondent No. 2 giving all the facts relating to the transfer of shares and the present state of the company; and, on being asked, the learned lawyer of the company produced all relevant documents before respondent No. 2 but the petitioner did......D) (1982) 345; 3 BLD (HCD) (1983)149
......e proper forum for their adjudication is a Civil Court."
7. In Peoples Insurance Co. Ltd. V. Ms C.R.E. Wood & Co. Ltd. AIR 1960 Punjab. 388 the same views were reiterated but the. Court ordered for rectification of the register of members of the respondent Company after setting aside a..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
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