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Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....urul Mostafa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 86. ......espect of a trial held illegally in a forum which is coram non-judice. This view was also taken in the case of Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 D.L.R. 200 to which one of us was a party. In the said case of Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 D.L.R. 200. I observ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......tion Tribunal, 31 DLR 119; Amir Sultan Ali Haider Vs. Mohammad K. Ali, 29 DLR (SC) 295. Lawyers Involved Md. Amir Hossain— For the Petitioner. M.A. Karim— For the Opposite party No.1 Civil Revision No.176 of 1985. Judgment Mustafa Kamal J.- This Rule obtain..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....n Vs. Govt. of Bangladesh and others, reported in 30 D.L.R. 423 it has been observed:- "Non-service of the grounds of detention as required under section 8 has been considered as fatal defect in the proceeding for detention itself, because, it deprives the detenu from making nece......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. .......M. Afzal J.—This Rule, at the instance of the informant-petitioner, is directed against the judgment and order dated 5.3.1984 passed by a Metropolitan Magistrate, Dhaka convicting the Opposite-party No.1 Kaloo Khandaker under section 420 Penal Code and sentencing turn thereunder to a fin..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......nt ATM Afzal J.- This Rule, at the instance of the informant-petitioner, is directed against the Judgment and order dated 5.3.1984 passedby a Metropolitan Magistrate, Dhaka convicting the Opposite-party No.1 Kaloo Khandaker under section 420 Penal Code and sentencing turn thereunder to a fine o..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....e rise to any apprehension in the mind of the litigant. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17; 10 BLD (AD) 3. ...... 11. While accepting the report the presiding Judge is expected to keep the guiding lines in view. 12. It is true that the acceptance of the report may cause apprehension in the mind of the party, but if the terms of Order 26, rule 10 of the Code are analysed the fear disappears. The quest..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......and (5) Sub-section (2) Provides that in an application for preemption by a co-sharer tenant, all other co-sharer tenants shall be made parties; a contiguous laud-holder is not a necessary party there. But if an application for preemption is made by a contiguous laud-holder, all the ..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....CHERRY ORIENT cannot be maintained. 18 As regard the submission of the learned Advocate for the plaintiff that this suit both in rem and in personam is maintainable, I hold that there is no defect in framing of this suit. The present suit in personam is maintainable notwithstanding th......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. .......91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addition of Bangladesh Railway and its General Manager as defendants in the suit. 2. The plaintiff opposite party filed the said suit against the defendant for permanent injunction restraining the defendants ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......Mohammed Habibur Rahman J.- This Rule under Section 561A Cr.P.C. was issued on 9.4.84 at the instance of the accused petitioners upon the Deputy Commissioner, Chittagong and complainant opposite party Mst. Razia Begum asking them to show cause why the judgment and order dated 22.2.84 passed by ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....gations." I do not find any ground for interference in the matter. This Rule is, therefore, discharged with cost. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......in Election Case No.1 of 1984. 2. An election to the office of the Chairman of No.5 Baraia Union Parishad within Rajapur Upazilla was held on 2.11.84. The respondent-petitioner and opposite party Nos.1-3 contested the said election and the appellant opposite party No.1 was declared el..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....that any of the provisions of section 164 or 364 Cr.P.C. have not been complied with by the Magistrate concerned that it shall take evidence of the concerned Magistrate. As to the question as to what defect or omission in a confession is curable under section 533 Cr. P. C. has been set at rest by th......ory of salish is false. The story of dacoity may or may not be correct but the accused-appellants have been falsely implicated owing to political rivalry between the accused-persons and the informant party. The learned Assistant Sessions Judge convicted and sentenced the accused appellants..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. ...... directed against the appellate order of the District Judge arising out of an application for temporary injunction under Order 39 Rule 1 of the Code of Civil Procedure. 2. The plaintiff-opposite party is the elected President of the Bogra Chamber of Commerce and Industry. The plaintiff was..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
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. ......t Company were not properly served with notice and that had, therefore, no knowledge of the aforesaid title suit. As a result, they did not appear in the suit. Also the Government which was made a party did not take any steps. However, on the prayer of the appellant Company the proceeding in 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....... time being in force. Discretionary power of the Court cannot be exercised for helping the litigant who is not vigilant and certainly such power cannot be exercised for giving undue advantage to a party .........(4) Exercise of discretion for recalling the plaintiff after 2½ years was ..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
....ch runs as follows; “No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder of parties or cause of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the j...... 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 ..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. ......lication praying disposal of his application filed on 9.2.84. It is further alleged that inspite of objection raised on 14.3.83 the learned Additional Sessions Judge granted bail to the opposite party No.1 up to 15.5.84 on medical ground notwithstanding the fact that the petitioner ques&sh..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. ......nate Judge, Rangpur in Other Appeal No.84 of 1980 affirming the judgment and decree passed by the Munsif, Nilphamari in Other Suit No.228 of 1977 which was decreed in favour of the plaintiff opposite party. The plaintiff brought the suit for a declaration that defendant No.1 was not the adopted..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....attesting witnesses were present. The learned Subordinate Judge in failing to consider this case of the defendant made out in his evidence has erred in law and his judgment suffers from the defect of non-reading of evidence on a very material point. The learned trial Court has observed tha......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. ..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2