Search Options
Judgment Advanced Search
Displaying 1301-1320 of 6668 results.
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
.... the opposite party in order to escape the liability resorted to harass the petitioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the petitioner......or the goods received against the post-dated cheques. There is also no statement in the petition that the petitioner had money for payment on a subsequent date. In this respect we may refer to a decision reported in A.I.R. 1938 (Madras) at page 129. In that case the petitioner was an owner of m..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
.... Judgment Amin-Ur-Rahman Khan J.- By an application under section 435 read with section 561A of the Code of Criminal Procedure, the Petitioner obtained this Rule to challenge the order dated 11.6.80 passed by the Sub-Divisional Magistrate (S) Dhaka staying the proceeding of Kotwali P.......indefinite and sine die stay order that was passed by the learned Magistrate is not warranted by section 344 of the Cr.P.C. nor it is found to be a just or fair order. On this point there is a recent decision in the case of Rafique Ahmed Vs. Badiul Alam, reported in BLD 1984 page-319 where it has be..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....fore the Election Tribunal and Munsif, Parshuram cited a number of allegations prominent amongst which are as follows:— i) The opposite party No.1 was less than 22 years of age on the date of election. As per provisions of section 7(b) of Ordinance No.LI of 1983, he was not qualified......or of law resulting in a miscarriage of justice by failing to consider the true import of and the weight to be attached to an admit card issued by an Education Board. He has referred to an unreported decision of a Division Bench of the High Court Division in Writ Petition No.743 of 1980 (Judgme..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....82 Md. Abul Hashem, Officer-in-charge of Purba Baraghona, Thana Procurement Centre of the Directorate of Food lodged an F.I.R. with Banshkhali P.S. stating that as per movement programme No.8920 dated 20.11.81 by the District Controller of Food, Chittagong accused Haji Momtaz Meah, Inland Boat ......rcise the inherent jurisdiction under section 561 A Cr.P. Code to prevent the abuse of the process of the Court. 6. Mr. M. Fazlul Karim, the learned Advocate for accused petitioner refers to the decisions in the cases of Ram Singh Vs. The Crown, A.I.R. 1950 (East Punjab) (F.B) 25, State Vs. Moh..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....h, First Appeal No. 122 of 1981. 2. Respondent as plaintiff filed the suit being Other Class Suit No. 10 of 1972 in the Court of Subordinate Judge, Rajshahi, for specific performance of contract dated 5. 8. 1970. The contract was for selling the residential house of the appellant to the respond......ntract is onerous to the defendant will not be a circumstance falling within the item-II. See Davis vs. Mensosa 38 Calcutta 805 (P. C.) where the Privy Council deprecated such defence. Long line of decisions in India shows that such defence would not be entertained by the court. See Sarkarlinga Vs..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
.... pasted as to this Court may see fit and proper. 2. Respondent No.2 Dr. Mriganka Ranjan Barua as informant lodged F.I.R. at P.S. Mirsarai on 16.11.76 to the effect that he made G.D. Entry No.138 dated 5-11-76 regarding kidnapping or killing of his brother Putul @ Tarit Kumar Barua. On enquiry t......s under Article 102 of the suspended Constitution shall abate. Consequently, the Appellate Division passed an order in Criminal Appeal No.13 of 1981 to the following effect: "In view of the decision dated 30.6.82 pronounced by this Court in C.A. No.90 of 1981, this appeal has abated. Writ ..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....ld with regard to Kadghar Primary School Centre. The Election Tribunal after taking evidence in the matter set aside the election of that centre and ordered for fresh polis, by its judgment and order dated 19.11.84 against which the elected Chairman i.e. the opposite party Abul Bashar Majumder prefe......alled 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 decision of the Election Tribunal. He is not to adjudicate on any other matter. 6. Besides..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)
....er section 19(f) and section 19A of the Arms Act. Since 1980 the detenu was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364, Misc 11/84 L.S. dated 28-6-84 passed order for withdrawal of the cases and the detenu accordingly was released from ......iew of the provision of said section 34 the orders of detention passed under the Special Powers Act cannot be called in question in any Court. The answer to this argument is already given in the said decision of the Privy Council in the case of Secretary of State Vs. Mask & Co. A.I.R. 1940 (P.C...Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
....Lawyers Involved: M. Fazlul Karim—For the Appellants. First Miscellaneous Appeal No. 30 of 1985. 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 rejec...... a receiver in a partition suit has not met the approval of the Court. The existence of dispute offers no ground whatsoever for appointing a receiver. It was further held relying on another decision reported in A.I.R 1920 Bom. 321 (Govind Barain Rao Desai Vs. Vallabhrao Narayantao Desai) t..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....Opposite-Party No.1. Criminal Revision No. 56 of 1984. Judgment A.T.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 K......s found that the discretion was not legally and properly exercised by the Court concerned. In support of his submission Mr. Fazlul Karim, learned Advocate for the O.P. No.1, referred to two decisions reported in 4 D.L.R 360 and 35 CWN 519. He has also referred to a decision reported in A.I..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
.... For the Opposite-Party No.1. Criminal Revision No.56 of 1984. Judgment 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 Kh...... it is found that the discretion was not legally and properly exercised by the Court concerned. In support of his submission Mr. Fazlul Karim, learned Advocate for the O. P. No.1, referred to two decisions reported in 4 DLR 360 and 35 CWN 519. He has also referred to a decision reported in AIR 1..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)
....f the Martial Law Court were stopped by C.M.L.A) transmitted this case ultimately to the Sessions Judge and Ex-Officio Special Tribunal No.1 (Mr. Badruzzaman) for disposal and his impugned order No.1 dated 19.2.85 read as follows:- “Received the record on transfer from the Special Martial...... have no jurisdiction to try this case. The Special Tribunal has committed no illegality in taking cognizance of the case. 8. The learned Advocate for the accused petitioners has referred to the decision in the case of Siraj Miah Vs. Bangladesh and another, reported in 32 DLR (AD) 35 in which t..Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....Judgment Mustafa Kamal J. - This Rule obtained under section 561 A Cr.P.C. calls upon the Deputy Commissioner, Noakhali and the accused opposite parties to show cause why the judgment and order dated 14-3-83 passed by the learned Sessions Judge, Noakhali in Criminal Revision No. 62(C) of ......mia Aiyar AIR. 1925 (Mad) 39, in which it has been held that the High Court has power at any stage to quash and set aside the proceeding of the subordinate Court under section 439 Cr.P.C., This is, a decision of a single Bench of the Madras High Court, With respect, this decision does not take;..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....s Rule was issued under section 561A Cr.P.C. calling upon the Deputy Commissioner, Chittagong and accused respondent Nos.1 to 8 asking them to show cause why the impugned judgment and order dated 14.8.83 passed by the Sub-Divisional Magistrate, Sadar, (North), Chittagong in P. No.98 o......r section 561A of the Code of Criminal Procedure to interfere with any order passed by the Village Court or by the Sub-Divisional Magistrate under section 8 of the Village Courts Ordinance, 1976. The decision in the case of Bangladesh Vs. Shahjahan Seraj reported in 32 D.L.R. (A.D.) page 1 (ref..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Authorised Offi¬cer, C.D.A Vs. The State & others, 1985, 14 CLC (HCD)
....arties. 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 an order dated 13.5.84 acquitting the accused respondent Abdur Rahman of the charge under section 12(1) of th......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
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....he Appellants. Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Ex Parte—Respondent Nos. 2-7. Civil Appeal No.171 of 1983. (From the judgment and order dated 6 July 1983 passed by the High Court Division, Rangpur Bench, in Civil Revision No. 22 of 1983...... limited pre-emption to co-sharers only, either by purchase or by inheritance; it did not extend the right of pre-emption to a tenant having land contiguous to the land transferred. As such the decision relied upon is of no assistance to the instant case where the claim of a contiguous land-ho..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. ......hird Edition) and the observations made in A.I.R. 1937 Calcutta 122 (123). The learned Advocate has also referred to the observations made by the Hon’ble Appellate Division of this Court in the decision reported in 34 D.L.R. (A.D) 110 (paras 9-10). According to the learned Advocate even before..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
....rim— For the Opposite Party. Civil Revisional No.73 (Ctg) of 1985. Judgment Syed Mohammed Ali J.— This Rule at the 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......pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same." 7. In a decision reported in 27 Dhaka Law Reports 413 Abdur Rahman Chowdhury, J., considering the above note..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)
....the Respondent (In both the appeals). Appeal from Original order Nos. 23 and 24 of 1983. Judgment Sultan Hossain Khan J.- These two appeals have arisen out of two judgments and orders dated 13.6.1983 passed by the learned District Judge, Dhaka in two suits for permanent and mandatory......said to be identical or similar to each other so as to mislead or deceive an intelligent person or an unwary purchaser. In support of his contention the learned Advocate has referred to the decisions reported in 30 D.L.R. (HC) 244; 1970 P.L.D (SC) 460, 31 reports on Patent Cases 53; 33 Rep..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
H.N. Fabrics Ltd. Vs. Mallick Textile Industries and others, 1985, 14 CLC (AD)
.... Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondents. Civil Petition for Special Leave No.335 of 1984. (From the judgment and decree dated 29-7-1984 passed by the High Court Division, Dhaka Bench in F.A. No. 221 of 1981.) J...... contract which could be enforced by specific performance. In the result this petition is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 126. ..Category: Contract Law | Date: 15 Jan, 1985 | Hits: 1288
91508467941094111660914891479149822391408491914393599141914432239145914694083205