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Syed Idris alias Idris Mir and others Vs. State, 1972, 1 CLC (HCD)
....dingly made absolute. The impugned order of conviction and sentence passed against the accused-petitioners is set aside. The accused-petitioners are discharged from their bail bonds. Ed. ......ent: Habibur Rahman J.- This Rule is directed against the judgment passed by Mr. MS Rahman, Additional Sessions Judge, 2nd Court, Bakerganj-Patuakhali upholding the order passed by Mr. MU Chowdhury, Magistrate,..Category: Criminal Law | Date: | Hits: 82
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ...... M A Aziz - For the Appellant. Abdus Subhan — For the Respondents Appeal from original order No. 25 of 1968. (Appeal against the order of Mr. MH Rahman, District Judge and Commissioner, Workmen's Compensation, Dacca, dated the 19th day of June, 1967 in Workmen ..Category: Labour and Industrial Law | Date: | Hits: 118
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......Appellant. Haradhan Sarkar—For the Respondents. Appeal From Appellate Decree No. 185 of 1962. Appeal against the decree of Mr AQ Chowdhury, Subordinate Judge, 1st Court of Zilla Comilla, dated the 25th day of February 1961, in Title Appeal No. 164 of ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......For the Appellants Abdur Rab (1)—For Respondent Nos. 1 & 2. Appeal from Appellate Decree No. 1142 of 1961. Appeal against the decree of Mr. IH Chowdhury, Subordinate Judge, Second Court of Zilla Chittagong, dated the 31st day of December 1961, in Title Appeal No. 3..Category: Property Law | Date: | Hits: 69
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ...... prosecution examined 8 witnesses. No witness was examined on behalf of the defence. The learned trying Magistrate convicted and sentenced the accused petitioners as aforesaid. The learned Sessions Judge rejected the application of the petitioners to make a reference to this court. T..Category: Criminal Law | Date: | Hits: 66
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ...... preliminary enquiry by a competent Magistrate the accused was committed to the Court of Sessions to face trial under sections 302 and 307 PPC and was thus put on trial before the Additional Sessions Judge, 1st Court, Sylhet for murder of Fajarjan, Raibanoo, Shurjan Bibi and Manfar Ullah and for att..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......aintiff is not entitled either to the decree or to the compensation. 3. Both the panics went on trial and the trial Court on consideration of the evidence decreed the suit. The learned Subordinate Judge, 1st Court, Comilla on an appeal reversed the finding of the learned Munsif and dismissed the ..Category: Property Law | Date: | Hits: 82
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ...... Criminal Appeal No. 197 of 1969. Judgment: Ahsanuddin Choudhury J: These 4 appellants have been convicted under sections 302/109 PPC by the Sessions Judge Dinajpur and sentence to transportation for life. ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ...... Mahmudul Islam for BN Chowdhury, Advocate—For the Respondents. Appeal from Appellate Decree No. 384 of 1961. Appeal against the decree of Mr. Md. Moseeh, Subordinate Judge 3rd Court of Zilla Chittagong dated the 12th day of July 1960 in title Appeal No. 69 of 1959 ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......374 of the Code of Criminal procedure for confirmation of the sentence of death passed on the condemned prisoner Abdur Rashid under section 302 of the Pakistan Penal Code by the Additional Sessions Judge, 2nd Court, Dacca. There is also an appeal preferred by the condemned prisoner from the jail...Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......han. Md. Ruhul Amin-For Respondents 1 & 2. Appeal from Appellate Decree No. 352 of 1968 with Civil Rule No. 675 (S) of 1969. (Appeal against the Decree of Mr. Md Mosseh, Additional District Judge of Zilla Chittagong dated the 29th November, 1967 in Other Appeal No. 245 of 1966 affirming th..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......istan Disturbed Persons (Rehabilitation) Ordinance, 1964 (EP Ordinance 1 of 1964). Thereafter on 26.1.1965, the petitioner filed a title suit being Title Suit No. 50 of 1966 before the Subordinate Judge, 4th Court, Dacca, for a direction to the respondent No. 2 to register the Sale Deed. The tri..Category: Property Law | Date: | Hits: 73
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......2-01-98 passed by a Division Bench of the High Court Division in FA No.39 of 1995 dismissing the suit after setting aside the judgment and decree dated 31-10-94 passed by the 3rd Court of Subordinate Judge, Chittagong in Other Suit No. 157 of 1994 in which the suit for declaration of title was decre..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ...... Dhaka in FMA No. 62 of 1989). Judgment: ATM Afzal CJ.- Plaintiff-respondent-Bank instituted Title Suit No. 40 of 1986 in the Court of Subordinate Judge, Narayangonj for recovery of money and realisation of securities from the defendant-petitione..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......y of the suit plaintiff Nos. 9 and 19 died and the suit in respect of them abated after expiry of 90 days from the date of death. An order of abatement was also recorded by the learned Subordinate Judge, Naogaon, who was in seisin of the matter. 3. Later on the ‘surviving plaintiff..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ...... 7. The Investigating Officer submitted final report in the case but the learned Magistrate without accepting the said final report sent the case record to the learned Special Tribunal and Sessions Judge. Tangail for disposal. 8. The appellant filed a Naraji petition against the final report a..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......f Taka 1,000.00 only. 2. Following the publication of an Article under the caption “The Parliament and the judiciary at Loggerheads” written by the appellant, then as Assistant Judge. Tangail and published in the Daily Star dated the 6th February, 1995 a suo motu Rule was is..Category: Criminal Law | Date: | Hits: 75
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....p;………….. (3)…………………………………………. (4) The Presiding Officer may recount the votes (a) on his own motion if he considers it......gment and order of the Election Appellate Tribunal passed in Miscellaneous (Election) Appeal No. 24 of 1995 on 18-6-95 affirming the judgment and order dated 25-4-95 passed by the Senior Assistant Judge and Election Tribunal in Election Petition No. 3 of 1993 declaring the appellant on recountin..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......ree with the judgment of Mustafa Kamal J. Mustafa Kamal J.- These two appeals arise out of two different suits; Title Suit Nos. 24 of 1993 and 23 of 1993, respectively of the Court of Subordinate Judge, Gazipur; the plaintiffs are different but defendant No. 1 is common, namely, Bangladesh Shilp..Category: Property Law | Date: | Hits: 77
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. .......……………… Respondent Judgment December 7, 1998. The Penal Code, 1860 (XLV of 1860), Section 471 The Prevention of Corruption Act, 1947 (II of 1947), Section 5(11) (i) Learned Judge of the High Court Division is palpably wrong in holding that when an accused is convicted and ..Category: Anti-Corruption Laws | Date: | Hits: 73
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