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Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
....peal against an order of acquittal under the Code of Criminal Procedure. It may be mentioned that before section 417(2) was inserted in the said Code by the Amending Ordinance No.49 of 1978, the Government only was given the right of appeal against an order of acquittal under section 417 of the......cted and the appeal is summarily dismissed being not entertainable. Fazle Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ..Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....riminal Procedure dealing with constitution of criminal Courts and offices. After the amendment in question by Ordinance No.XXIV of 1982 section 9 Cr.P.C. reads as follows:— "9(1) The Government shall establish a Court of Session for every sessions division, and appoint a judge of su......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. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....ul Quayum the learned Advocate for the petitioner, argued that the Election Tribunal is not a Court and as such the District Judge who is the appellate authority under the provision of the Local Government (Union Parishad) Ordinance, 1983, (Ordinance No.XL of 1983) (hereinafter called the Union......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. ..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....m. 2. During the pendency of the above contempt Rule, the learned District and Sessions Judge, Rangpur forwarded two representations submitted by the aforesaid Munsif-Magistrate to the Government praying for his transfer from Chilmari and also praying for leave to leave his present pl......9; is a complaint dated 22-12-83 sent by four Upazilla-level officers alleging that the Munsif-Magistrate had made some unseemly remarks against the U.N.O. while playing badminton on 21-12-83. On the body of the said petition the contemner U.N.O. authorised the Upazilla Education Officer and the Upa..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......Mallika Khatun had stabbed him. The informant and others took injured Abdur Rashid to the Medical College Hospital at Rangpur where he died on Friday morning. The informant and others carried the deadbody. The informant lodged the F.I.R. on 27.3.82 at 4.45 P.M. at Mithapukur P.S. Earlier P.W.5 S.I. ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......acoits asked his brother P.W.4 Matiur for some fire to light bidi. P.W.4 Matiur lighted his bidi with a matchstick. Then the said dacoit struck P.W.4 with a hashua on his shoulder and on parts of his body. P.W.3 Mahbul ran away after seeing the occurrence. The dacoits took away all the money from P...Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
.... was a case under the East Bengal (Emergency) Requisition of Property Act, 1948. In that decision it has been stated that the said Act provides for appeal to the Commissioner and revision to the Government and as such the validity of any act done under the said Act cannot be challenged in ...... 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. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....accused petitioner. In the result, the Rule is discharged. Md. Abdul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ...... Basak, wife of absconding accused Biswanath Basak of 502/2 Gurkhal Doctor Lane Patherghata, Chittagong informant Assistant Sub-Inspector Md. Abdul Aziz went to the said place and found the dead body of Sati Rani Basak lying in the bath-room and interrogated the inmates of the house, relations ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......an who was O/C of Pirganj P.S. on 16-4-80 recorded the above F.I.R. He took up the investigation of the case, reached the place of occurrence on the same day at 9-30 A.M. and held inquest on the dead body of deceased Mukul as identified by the informant. He sent the dead body to the morgue through P..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ...... his duty at Al-haj Textile Mill on a by-cycle and at about 9-30 A.M. as he was on the District Board Road at village Sahapur near the house of Haran Sarder the five accused persons attacked him in a body. The accused Nayeb, Mannaf and Saidur dragged him down by wrapping a napkin around his neck and..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....ared before the Court and prayed for staying the execution of the decree on the grounds that since the Bank proceeded against the appellant Company's properties being treated as abandoned by the Government, the Directors pf the appellant Company were not properly served with notice and that ha......s not in conformity with the judgment itself. The only ground taken by the appellant against the judgment is as follows: "For that consistently with the reasonings in the main body of the judgment and the decision allowing the appeal (C.A. No. 43 of 1983) arising out of Misc..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ...... to the Cantonment. When informant P.W. 1 was about to start for Cantonment a police man came from Alikadam P.S. On being informed by him he along with others went to Alikadam P.S. and found the dead body of his son Rabi Chandra Chakma with multiple injuries on his person. He was then called to the ..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
.... suit thereafter will proceed in its usual course. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 303 ......in a suit for Specific performance of contract the main issue to be decided in the suit whether there was an agreement between the parties to the agreement and the petitioner is not bound to make any body a party in the suit. In the facts and circumstances of the case the petitioner himself, to safe..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
.... Judgment Md. Altaf Hossain J. - This second appeal arises out of a suit for declaration. 10.80 acres of land appertaining to R.S. Khatian No.1058 of Mouza Gomai P.S. Rangunia belonged to the Government in khas. In Settlement Case No.186B of 1961-62 the Additional Deputy Commissioner (Revenu......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....d against the principle of natural justice. It was also alleged that the meeting was neither legally convened, not properly notified nor conducted in the manner as provided in the Recognised non-Government Secondary Schools Regulation 1973 herein after refer to as the Regulation. That the Board......on which can be measured solely in monetary value. In the same way, the employer employs the particular individual for his own private purpose which is exclusively his own concern and in which nobody else is interested and if in case of a breach of any contractual obligation arising out of the ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....sion and none fought but the suit on such an issue. Further, though an entry in khatian is not an evidence of title, it would be a prima facie evidence of possession. Possession is so recorded in the Government record in the name of defendant No.1 and not in the name of the plaintiff. This the Court...... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....compensation at the rate of 10/- per annum from the date of institution of the suit till recovery. 2. The plaintiff alleged in the plaint that he was deputed to England by the then East Pakistan Government inter alia for training under the Colombo Plan for one year from 28.9.69 to 23.9.70. Out ......creants took away many cars etc, to Karachi and other destination. The car was lost due to negligence, carelessness of defendant No. 1 and its officers and staff The car could not be taken away by anybody from the port which is a protected area without the connivance of the defendant No. 1 and its o..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....ny land covered by a usufructuary mortgage after the expiry of the period of such mortgage, the mortgagor may apply to the Sub divisional Magistrate or to any officer authorised in this behalf by the Government, for such redemption or restoration and, on such application and, in the case of red...... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....ustodian shall be exempted from attachment, seizure or sale in execution of a Civil Court decree or 'orders of any other authority." That enemy property which has now vested in the Government of Bangladesh by operation of law is exempted from attachment, seizure or sale in ex...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153 ..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ntiffs got -/10/- annas share in the 'Ka' schedule property and have been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.......ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
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