Search Options
Judgment Advanced Search
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
.... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......e basis of the forged Bainapatra and also obtained an ex-parte decree by suppressing summons from the petitioner. On her return to Bangladesh she became aware of the forgery and thereupon she made an application in the Civil Court and got the ex-parte decree set aside and the said suit has been pend..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......hat at the time of scrutiny of nomination papers he filed an objection as to the age of the opposite party No.1. The Returning Officer advised him in writing to take the shelter of law. He filed that application containing the endorsement of the Returning Officer and it was marked as Ext. 2. Th..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
..... the Government is going to lose more than taka one lac. Send the copy of the order sheet to the S.P. Chittagong for taking action against the I.O. Also send copy to O.C. P.S. for getting complaint afresh from the Food Department and arrange investigation." 3. Thereafter, it appears that .......C. shall be deemed to authorise the High Court Division to entertain any proceedings in revision with respect to an order made by the Sessions Judge under section 439A Cr.P.C. this second revisional application under the garb of section 561A Cr.P.C. cannot be entertained. Mr. M Fazlul Karim the lea..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
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. ......ers are directed to be set at liberty forthwith, if not wanted in connection with any other case." 3. Against the said judgment and order of the Division Bench of the High Court Division an application for leave was filed by informant Dr. Mriganka Ranjan Barua and leave was granted and the..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....re the Upazila Munsif, Chouddagram and Election Tribunal for a declaration that the election of the election of Chairman of No. 5 Suvapur Union Parishad held on 27.12.83 is void and for an order that fresh polls be held with regard to Kadghar Primary School Centre. The Election Tribunal after taking......e party, being the appellant, was not present. The learned District Judge, Comilla dismissed the appeal for default by his judgment and order dated 7.5.85. The opposite party thereafter filed an application under Order 41, rule 19 of the Code of Civil Procedure, being Miscellaneous Case No..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......85. Judgment Md. Abdul Jalil J.— This appeal is directed against the order dated 21.8.85 passed by the learned Subordinate Judge, Patiya in Partition Suit No.270 of 1984 rejecting the application for appointment of a receiver under Order 40, rule 1 of the Code of Civil Procedure. ..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)
....eptance of the report of an advocate commissioner for local investigation raises presumption of its correctness The Court is not at all precluded from considering the report of the Commissioner afresh again in the light of fresh materials as may be legally brought in the record by the parties. ......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. ..Category: Property Law | Date: 11 Nov, 1985 | Hits: 44
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....he police report cognizance is taken of the offence punishable u/s 25B of the Special Powers Act which is exclusively triable by the Special Tribunal constituted under the Spl. powers Act. Issue fresh WP&/A against the absconding accused Abdus Sukkur fixing 9.4.85 for Service Return. T......d case by holding that the cognizance will be taken u/s. 27 of the Special Powers Act as the case under section 148/324/439/379 of the Penal Code was triable by a Magistrate. The said decision has no application in the instant case inasmuch as the police has clearly stated in the charge sheet that t..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......Sessions Judge had no jurisdiction to exercise the power of quashing under section 439 Cr.P.C. This power is exerciseable only by the High Court Division under Section 561-A Cr.P.C. 6. The application for quashing was filed by the accused opposite pa/lies under section 435 read with 439A ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
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. ......any Village Court." 7. Neither section 561A nor any other provision of the Code of Criminal Procedure has been made applicable to the proceedings before a Village Court. Therefore, the application under section 561A Cr.P.C. is not maintainable. This Court has no jurisdiction unde..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
....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. ...... Lawyers Involved M. Fazlul Karim— For the Appellant. No one— For the Opposite Parties. Criminal Appeal No. 79 of 1984. Judgment Md. Abdul Jalil J.- This an application for admission of appeal under section 417(2) of the Code of Criminal Procedure against a..Category: Criminal Law, Limitation Law | Date: 20 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. ......ing, transfer to the appellants is immune from pre-emption by a contiguous land-holder, by necessary implication. The appellants need not have joined the pre-emptor-respondent, because to join in the application for pre-emption filed by a contiguous land-holder is unnecessary. Under section 96 ..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)
....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. ......the claim from the principal defendants and accordingly, he has instituted the suit in the Admiralty jurisdiction of this Court for realisation of the aforesaid amount. He also has filed an application for arrest/attachment of ship 'CHERRY ORIENT", a sea going vessel allegedly own..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. ......he instance of the defendant is directed against order No.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 ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......washing soaps manufactured by them also for mandatory injunction to deliver and/or to destroy the packets containing the block ‘flower' label as trade mark. The plaintiff has also filed two applications in the two suits for temporary injunction in the above terms pending disposal of t..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
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. ......sed to stay operation of the aforesaid order of the Election Tribunal till the disposal of the Election Appeal. Being aggrieved by the aforesaid order of stay, the respondent-petitioner moved an application under Section 115 of the Code of Civil Procedure to this Court and obtained the present ..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
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. ......made out that had a longer time been given the defence would have been able to produce better evidence with regard to the insanity of the condemned prisoner which is the only defence in this case. No application has been made praying for time to furnish better evidence in this regard. As such we do ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
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. ......dash;For the addition of Parties. Civil Revision No. 256 of 1984. Judgment Latifur Rahman J. - This Rule is 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. T..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. ......quot;Where further investigation into an offence is stopped on the expiry either of the specified time or of the extended time under sub-section (5), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation to be made into the offence ought t..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
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.......r his arrest was issued on 30.10.81. D.W.2 completed his deposition on 12.7.82 and thereafter deposition of D.Ws. 3 to 9 were completed on 8.3.83. 3. In this background the plaintiff filed an application for recalling of his re-examination on 4.8.83. On previous occasion two more witnesse..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199