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Maqsood Alam Vs. KMJ Akbar, Com­modore & others, 1983, 12 CLC (HCD)

....o­site-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corpo­ration Vs. Masood Raza and others, 30 DLR (SC) 169, Government of Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawyers Involved: Hamidul Huq ......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Mahitullah Pk and others Vs. The State, 1983, 12 CLC (HCD)

....e order of conviction and sentence passed against the appellants are maintained. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 277.         ......l discrepancy with regard to the actual assault on these two deceased persons by the accused person. P.W.8 Dr. Abdul Latif who held post mortem examination found one sever punctured wound on the dead body of Rahim Sheikh and according to the doctor this injury caused the death of Rahim Sheikh. P.W.8..

Category: Criminal Law, Evidence Law | Date: 12 May, 1983 | Hits: 2

Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)

....of this Court passed in Writ petitions No.653 of 1976 and 627 of 1980. 2. In pursuance of the issuance of this contempt Rule, the Secretary, Ministry of Land Administration and Land Reforms, the Government of the Peoples' Republic of Bangladesh, Mr. Azizur Rahman, Deputy Commissioner, Rajsh......s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ..

Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1

Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)

.... is that Hemangini executed a will on 24.5.54 in favour of Charu Bala Sarkar who probated the same in Probate Case No. 74 of 1964 from the District Delegate, Manikganj and got her name mutated in the Government sherista and paid rents for the suit land as her own property. On 2.10.69 defendant No. 3...... the suit on behalf of the deity. The plaintiffs case is that the suit property was made debuttar by Tara Prasad Sarkar and his brothers. The Sarkars created a temple on the burning place of the dead body of their father, installed the deity and gifted the suit property orally and handed over posses..

Category: Property Law | Date: 4 Apr, 1983 | Hits: 4

Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)

....gd. kabuliyat dated 25th Baishak, 1342 B.S. corresponding to 8.5.35 at a rental of Rs. 6-5 anas. Since then he has been in possession of the land on payment of rent for which he got dakhilas from the Government. The defendants constructed 3 huts of golpata in Asar, 1367 B.S. on 10 decimals of land a......ntire land measuring 3.48 acres taken by him by way of settle­ment from the Ghosh landlords, the defen­dants could not produce any dakhila or paper to show that they ever paid any rent to any body in respect of the under-tenancy they claim to have been holding from a long period of time. It ..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3

The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)

....e act was done deliberately. There is no doubt that the contemner has shown gross disregard and utter contempt towards the order of the Sessions Judge. Since under the new dispensation of the present Government the Magistracy has been vested with wider responsibility and accountability in the ad­......der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95.     ..

Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2

Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....from consideration by the lower Appellate Court taking the view that these are provisional receipts and that they carry little weight in that "any person interested in a land may pay rent to the Government Acquired Estate". This view is erroneous, for rent-receipts, though not no documents......tructures thereon. De­fendant No.1, on the other hand, examined two witnesses including himself, the other being Golap Sundari, deposing that he possessed the suit land by his right and not as anybody's tenant. Had the matter as to existence of the tenancy been left to be decide by these two..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

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. ......n of the Party arrested accused Sudhir and brounght him so the house of the informant Accused Sudhir then made an oral confession that he along with other 5 accused murdered Jitendra and kept the deadbody concealed in Ruhia bil inside a sack. In the same evening accused Sudhir was taken to Ruhia bil..

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

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

....sion (Special Original Jurisdiction) Present: FHM Habibur Rah­man J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. ......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. ..

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

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

....1) KB 18. Lawyers Involved: Matiur Rahman, Assistant Attorney General— For the State-Appellant. Asrarul Hossain with Abdul Azim, Advocates— For the Accused Respondent. Government Appeal No. F of 1981. Judgment Mustafa Kamal J.— This appeal against ac......ellip;……………………………. (iii) offices of or under any local authority a trust, a corporation or any other public statutory body, which is not run for profit or gain or in the course of its business does not make any profit ..

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

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

....isdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh………………………&hel......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. ..

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. ......heques were forwarded to him along with the letter dated 19-7-82 but nevertheless he informed that he would attend the office on 27-7 82 to sign cheques. He went there accordingly but did not find anybody there on that day also. Petitioner ascertained thereafter from the Bank that by seven cheques d..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

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

....ner indi­cated herein-before. This application is thus disposed of accordingly. 9. Let a copy of this judgment be forward­ed to the Secretary, Cabinet Division and Ministry of law of the Government of Bang­ladesh to draw the attention of all Additional District Magistrates about the...... 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.       ..

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

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.     ......azzak @ Dudu Mia of South Chartha, Comilla town lodged an F.I.R. with the Kotwali P.S. on 7-9-79 alleging, inter alia, that his nephew Ferdous Shahjahan was killed by some unknown person and the dead body was left in a drain close to the local graveyard. In the said F.I.R., the petitioner, Abdur Raz..

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.   ......section 272 of the Penal Code read with section 25 of the Special Powers Act for making Atta out of adulterated wheat which was injurious to public health. It is cu­rious to note that in the main body of the F.I.R. there is no allegation of any seizure of any adulterated wheat as such. What was ..

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)

....does not go to show that the appellant created a tenancy in his favour by not inter­fering with it. 17. As regards the contention that the suit land being tenanted lands were acquired by the Government, it appears that no evi­dence has been given to show that the suit land falls within ......lf, the licensee's possession will be exclusive Ext. 1 (c) in the present case does not show that the respondents' predeces­sor was to enjoy the land covered by the license along with somebody else. Nor is there anything in the document giving the indication that the appellant would do a..

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

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

....s in the application. Their case is similar. According to them the company, Incorporated on 20th August. 1976, started functioning after purchasing Elahinoor Tea Estate and Halda Valley Tea Estate in Government auction on 14th June, 1977: that the Company had to take loan of Tk. 5, 70368/22 paisa fr......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     ..

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

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....ion that the girl was aged about 17 years. The genuineness of this certificate by the Deputy Civil Surgeon, Bogra is very much in doubt. Moreover a doctor of the rank of a Deputy Civil Surgeon of the Government would not normally examine an unmarried girl without her being forwarded by the police an......P.W.2 Ferdousi Begum to P.W.8 Dr. Mohammad Ali Sarkar, Radiologist, attached to the Medical College Hospital, Rangpur who made 4 X-Rays on 21-5-79 (X-ray plates Ext. 4 series) of various parts of her body and giving grounds opined that the skeletal age of P.W.2 Ferdousi Begum is approximately 15 yea..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

.... of the properties. She asserted that she purchased R.S. plot No.382 of schedule (B) in mortgage execution sale. She has been possessing the same since such purchase on payment of re­venue to the Government by raising construc­tion and making improvement thereon. 6. Defendant No.16 has ...... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)

.... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3.   ......ne by the owners, presence of defendant No.2 is sufficient for adjudication of the matter and absence of the owners of the ship or of the chatterers would not non-suit the plaintiff. 8. It is no body's case that defendant No.2 entered into an agreement on behalf of the owners of the ship or..

Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7