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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. ...... of the Penal Code and the Criminal reference made by the said Judge in respect of the said death sentence have been heard together and are being disposed of by this judgment. 2. The prosecution case was that on 29th Bhadra, 1386 B.S. corresponding to 15-9-79 at about 9 P.M. informant Binode re..

Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4

Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)

....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......the Respondents. 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 follow..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

The State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288.           ......oint as to whether the nationalised Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965), hereinafter referred to as the said Act. 2. The prosecution case, in brief, is that the accused-respondent Abdul Awal, Manager, Sonali Bank, Stadium Branch, Dha..

Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1

Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......et sits once in a week is not a hat within the meaning of section 2 of the East Bengal State Acquisition and Tenancy Act as such is not acquitable under the provisions of the said Act. It was further case of plaintiffs that no compensation assessment roll has been prepared and published in respect o..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

.... 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. ......hdrawals shall be made under the joint signatures of defendant No. 1 and plaintiff No. 1 on the basis of certificated bills. Pro­vided that plaintiff No. 1 shall not withhold his signature in the case of disbursements/withdrawals on certi­ficated bills. In case of refusal of plaintiff No. 1 ..

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. ......2-62 executed by Kitish Chandra Bhattacharya. In the said will the testator appointed his step-mother Jalada Devi, the respondent in this appeal as the first executor subject to the condition that in case first executrix failed to take Probate the second executor Digindra Chandra Bhattacharya would ..

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.     ......ip;………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 judgment has not been defined in the Code of Criminal P..

Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1

Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)

.... dis­posing criminal appeals in the light of the ob­servations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68.       ......hers…………………………Opposite Parties Judgment December 1, 1982. Result: Dispose of the appeal. No Dismissal of cases summarily without assigning any reason at the cost of dispensation of justice- The Court..

Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1

Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)

.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267.         ......hether the petitioners were the principal offenders, henceforth having been discharged formerly on the same cause of action, the accuseds will still continue on the same bail till the disposal of the case. A second prosecution is launched on the same facts after the discharge of the accused per..

Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

....e-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.     ......un­der Section 96 of the State Acquisition and Tenancy Act. 2. 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 s..

Category: Property Law | Date: 24 Nov, 1982 | Hits: 2

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ......the other for taking cognizance against the petitioner for an offence under section 302/109 Penal Code. The Sub-Divisional Magistrate, however, rejected both the' peti­tions and then sent the case to the Court of Session for trial as the alleged offence is ex­clusively triable by that Co..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ......l has been committed un­der Special Powers Act. If it is otherwise found that an accused person has not com­mitted any offence under the Penal Code or under the Special Powers Act as the case may be, one can always apply for the quashing of such proceeding under section 561A Cr.P.C. Sec..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ......gh Court Division as well as of the Courts below rest on the finding of exclusive possession by the respondents' predecessor over a long peri­od. Whether in the facts and circumstances of the case, possession of land, even if exclu­sive, could convert a licensee into a lease was not, how..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ......e Magistrate under sec­tion 253 Cr.P.C. The accused petitioner is not 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 any..

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. ......sh; For the Res­pondent. Second Appeal No. 303 of 1974. Judgment MH Rahman J.—This appeal is by the heirs and legal representatives of defendant No.1. 2. The plaintiffs case, in brief, is that the properties mentioned in schedule Kha and Ga to the plaint belonged to Be..

Category: Property Law | Date: 1 Jul, 1982 | Hits: 2

Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)

....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......y court competent to pass an order under order 39, Rule 2(3) C.P.C. for the breach of the order of injunction. In that view of the matter, we are of the opinion that the transferee court to which the case is transferred under section 24 of the C.P.C. is competent to deal with the cases of breach of ..

Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1

Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)

....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287.           ......er sub-section (1) bring & suit in a Civil Court, it the person instituting a salt was present or represented before the Deputy Commissioner, within six weeks from the date of the award, in other case within six weeks of the receipt of the notice under sub-section (1) or within three months from..

Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....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.         ...... respect of their shop in the ground floor of the said building. 5. In both the matters the lease was for 5 years and it was given effect from 1-11-70. Monthly rent was also the same in both the cases. Both the leases expired on 30th November, 1975. Before that date the Corporation requested it..

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)

....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......cedure provided in this Code in regard to suit shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction." 12. Mr. Huq also referred to a case deci­ded by the Pakistan Supreme Court, namely, Hussain Bakhsh Vs. Settlement Commissioner,..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ......r Private limited. AIR 1960 Bombay 136: Mazda, Daddy, S. & others Vs. Irani K.R. 78 CWN 872; Sri Gulabrai Kalidas Naik and others Vs. Shri Laxmidas Lalubhai Patel of Baroda and others, 48 Company cases, 438; 7 PLR (Dacca series) 159. Lawyers Involved: Amirul Islam with Moinur..

Category: Company Law | Date: 28 May, 1982 | Hits: 3