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Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
.... will vary from case to case. With regard to the School Register it has long been held that it is very common to understate the age when entering a school in order that the boy may not be too old for Government service, vide Mohammad Hashem Vs. Safdar, I.L.R. 14 (Lahore) 473. In the case of Bij Moha......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ...... Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and others, AIR 1965 (SC) 282. Lawyers Involved: M.A. Karim—For the Petitioner. ......me Court High Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem (Bulbul)..............................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February ..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....n 167 of the Cr.P.C. On the other hand, the I.O. never submitted prayer for extension of time. Hence the case is dismissed under section 203 Cr.P.C. It may be mentioned that for the lapse of I.O. the Government is going to lose more than taka one lac. Send the copy of the order sheet to the S.P. Chi......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ...... Vs. The Crown, AIR 1950 (East Punjab) (FB) 25; State Vs. Mohammed Jamil, 20 DLR (SC) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; James Gardner Vs. Edward A. Lucas, (1878) 3 AC 582; Delhi Cloth and General Mills Co. Ltd. Vs. Income Tax Commissioner, Delhi, AIR 1927 PC, 242; Colonial Sugar Refi......ction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Alhaj Mamtaj Meah…………….……...........Petitioner Vs. The State.........................................Opposite party Judgment January..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....id order of acquittal the Government as well as the informant preferred appeals before the Special Appellate Tribunal. The informant appeal was numbered as Tribunal Appeal No.22 of 1979 the Government's appeal was numbered as Tribunal Appeal No.23 of 1979. Mr. S.M. Serajul Mowla, ......udgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Abul Hossain and others Vs. The State, 37 DLR 59; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Colonial Sugar Refining Co. Vs. Irving, 1905 AC 369 D......onal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment January 12, 1986. ...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sakya Pada Barua & others.........................Petitioner Vs. The State and others .................................Opposite Party Judgment Jan..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....ally started on that application and it is a completely new matter which the appellate Court is called upon to decide. Mr. Amir Hossain submits that under the amended section 29 (4) of the Local Government Ordinance, 1984 the learned District Judge is required to adjudicate on the dec......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. .................Opposite-Parties Judgment January 7, 1986. Result: The Rule is discharged. Cases Referred to- Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; Mohammad Sharifullah Vs. Election Tribunal, 31 DLR 119; Amir Sultan Ali Hai......preme Court High Court Division (Comilla Bench) (Civil Appellate Jurisdiction) Present: Mustafa Kamal J Muktad Hossain Majumder..........................Petitioner Vs. Abul Bashar Majumder & others...................Opposite-Parties Judgment Jan..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)
....ry, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui......f Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DL......irs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DLR (SC) 249;......riminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sultana Ara Begum ......................................Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment Dec..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
.... The order staying further proceedings of Special Tribunal Case No.17 of 1985 is vacated. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 22. ......llip;………..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mus......p;……..………….Respondent Judgment September 9, 1985. Result: The rule is discharged. Cases Referred to- Siraj Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mustafa Niaz M......Habibur Rahman J Md. Abdul Jalil J Abdur Razzak & others……………………………………Petitioners Vs. The State…………………………&h..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
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. ......Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23, 1985. Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Niaz Muhamm......ul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23,...... Md. Abdul Jalil J Sydul Haque Sowdagar……………………………………………Petitioner Vs. Abul Kashem Chowdhury and others………………Opposite-Pa..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
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. ......int filed by the appellant, the Authorised Officer, Chittagong Development Authority. 2. The appeal is found to be out of time by 45 days in view of the fact that the impugned judgment and order was pronounced on 13.5.84 and that the application for its certified copy was filed on 4.6......sain Mohammad Habibur Rahman J Md. Abdul Jalil J Authorised Officer, C.D.A………………………………Appellant Vs. The State & others.……………………&hel..Category: Criminal Law, Limitation Law | Date: 20 Jul, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....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. ......Chittagong the plaintiff would have nothing within the jurisdiction of this Court to recover the loss suffered by him. Except the ship m. v. CHERRY ORIENT, the defendant No.1 has no other property in Bangladesh from which the claim of the plaintiff could be satisfied. On that application this C...... 2 All ER, 274 (277). Lawyers Involved: S.A. Chowdhury with Mustafa Niaz Mohammad— For the Plaintiff. M. Hafizullah with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff ...... High Court Division (Dhaka Bench) (Admiralty Jurisdiction) Present: Sultan Hossain Khan J Kings Shipping Trading Co.................................Plaintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgme..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. .......98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.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....... Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. Lawyers Involved S. C. Da...... High Court Division (Chittagong Bench) (Civil Revisional Jurisdiction) Present: Syed Mohammed Ali J Ranjit Kumar Rakshit....................................Petitioner Vs. Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10..Category: Civil Law | Date: 10 Apr, 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.......C. They also drew our attention to the Establishment Division Notification No.ED/FA-52/82-466 dated 8.9.82 investing U/S. 29C of the Code of Criminal Procedure all Additional District Magistrates of Bangladesh with powers to try as Magistrate all offences not punishable with death or with transport......sp; ......isional Jurisdiction) (Chittagong Bench) Present: F. H. Mohammed Habibur Rahman J Md. Abdul Jalil J Abu Taher and others......................................Petitioners Vs. Mst. Razia Begum and another..........................Opposite-Parties Judgment D..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. ......ision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Habibur Rahman Talukder..............................Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment December 2, 1984. Resul......urt High Court Division (Barisal Bench) (Civil Revisional Jurisdiction) Present: Daliluddin Ahmed J Habibur Rahman Talukder..............................Petitioner Vs. Shaha Alam Mia and others............................Opposite-Party Judgment Dece..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...... before us Notification No. JAIV/19/83-956 dated 10-11-83 and Notification No.JAIV/19/83-956 dated 10-11-83, both issued by the Ministry of Establishment and Re-organisation of the Government of Bangladesh. The first Notification vests the Munsif-Magistrate Mr. K.M. Zulfiquer Ali, Chilmari, Ran...... The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Rahman— For the State. Azizul Hoque and S.M. Amin Azhar— For the Pe......on (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J The State..................................................Appellant Vs. Abdul Karim Sarkar....................................Respondent Judgment Novembe..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
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. .......Respondent Judgment October 31, 1984. Result: The Rule is discharged. Cases Referred to- The Secretary of State Vs. Mask & Co. Privy Council, 67IA 282; Madbar Khan and others Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Waz......urt High Court Division (Rangpur Bench) (Civil Revisional Jurisdiction) Present: Latifur Rahman J Dy. Secretary, Ministry of Commerce...................Petitioner Vs. Nizamuddin Haider...........................................Respondent Judgment ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
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......nysons Ltd. & another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order......amp; another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment August 20, 1984. The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (President’s Order No. 16 of 19......adrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another................Appellants Vs. Sonali Bank & others .............................Respondents Judgment ..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....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. ...... allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 120; Badruddin Khan Vs. Bangladesh and another, (1984) 34 DLR (AD) 52. Involved: Mostafa Niaz Mohammad with Nirmal......rahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24, 1984. Result: The Appeal is allowed. Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and ors,. A.I.R 1960 S.C. 115; Sarju Perhad Vs. Jwaleshawar; Pratap Narain Singh, A.I.R. 1951 (SC) 1......h Court Division (Chittagong Bench) (Original Appellate Jurisdiction) Present: Md. Altaf Hossain J Dula Meah....................................................Appellant Vs. Md. Ibrahim Khalil @ Ibrahim Khalil..................Respondent Judgment July 24,..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74. ......d order dated 23.3.83 passed by Mr. S.H. Bahar, Assistant Sessions Judge, Jhenidah in Sessions Case No.287 of 1981 (Trial S.C. No.78 of 1982) convicting the accused appellant under section 392 of the Bangladesh Penal Code and sentencing him to suffer R.I. for 7 years and to pay a fine of Tk. 1000/- ...... former statement of a witness may be proved to corroborate his later testimony as to the same fact. It is based on the principle that if there is consistency between the previous statement and the present testimony of a witness; it may be considered a ground for believing him…&hell......ivision (Jessore Bench) (Criminal Appellate Jurisdiction) Present: A. Matin Khan Chowdhury J M. S. Ali J Tota @ Tofayzel Hossain...........................Appellant Vs. State.....................................................Respondent Judgment Jul..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ......de of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Line Ltd., 28 DLR 231; Unimarine S.A. Panama Vs. Bangladesh, 31 DLR(AD) 112; Haji Mohammudin & Company Vs. The Eastern Japan Trading Company (192......hether appeal lies against a conditional order of Attachment before judgment- Conditional orders of attachment-before Judgment are not appellable-Code of Civil Procedure (V of 1908) Or. 38 rs. 5 and 6. Cases Referred To- Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipp......vil Revisional Jurisdiction) Present: F. H. M. Habibur Rahman J S. Mohammad Ali J Eastern Maritime & Trading Corporation...…………Appellant Vs. Sea Trade & Construction Limited....……………&helli..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 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 ......in: 36 DLR (1984) (HCD) 232 ......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Altaf Hossain J Mokbul Ahmed and others....…………………..Petitioner Vs. Bazal Ahmed & others...........................Respondent Judgment April 26, ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......r No.34 of 1982 before the Court on 22.11.82 for condonation of delay in holding the annual general meetings. The admission of Matter No.34/82 was however advertised in the newspapers and in the Bangladesh Gazette and it was open to the petitioner to oppose this application or to put forward hi......tion is dismissed. Cases Referred to- Re Fildes Bross. Ltd., (1970) 1 All E.R. 923; Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 426; Loch Vs. John Blackwood Ltd., 1924 AcC. 783; In Re: Davis and Colett Ltd., (1935) 1 Ch. 693; Ladli Prasad Jaiswal Vs. The Karnal Distillery Co. Ltd., 17 DLR (......upreme Court High Court Division (Dhaka Bench) (Civil Original Jurisdiction) Present: Mustafa Kamal J Motiur Rahman......................................Petitioner Vs. May Industries Ltd.................................Respondent Judgment April 26, ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
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