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Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....sued on 9.4.84 at the instance of the accused petitioners upon the Deputy Commissioner, Chittagong and complainant opposite party Mst. Razia Begum asking them to show cause why the judgment and order dated 22.2.84 passed by Mr. Alauddin Sarder, Assistant Sessions Judge, 2nd Court, Chittagong de......shall be deemed to have been appointed as Additional Sessions Judge of that division, only for the purpose of trial of Sessions cases". In this respect he also referred two contrary Single Bench decisions in the cases of Md. Mustafa Mondal Vs. State, 35 DLR 362 and Nizir Ahmed and others Vs. Yu..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Habibur Rahman Talukder Vs. Shaha Alam Mia and others, 1984, 13 CLC (HCD)
....oner. Hemayetuddin Ahmed with Nurul Islam— For the Opposite-Party No.1 Civil Revision Case No. 166 of 1984. Judgment Daliluddin Ahmed J.- This Rule arises against the order, dated 11.8.84, passed by the District Judge, Barisal in Election Appeal No.4 of 1984 staying operati......ction Tribunal. 5. Now the question arises whether the District Judge who entertained the Election Appeal is a Court or a 'persona designata'. The learned District Judge relying upon the decision reported in 29 DLR (SC) at page 304 has found that the word ‘District Judge' mean..Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2
The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)
....rigram. The Rule was issued on the basis of the following facts which were brought to the notice of this Court on a reference made by the learned District and Sessions Judge, Rangpur upon a complaint dated 28.12.83 lodged by the said Munsif-Magistrate:— 1. That on 6-12-83 while the said M......temner interfered with the leave and annual vacation of the Munsif-Magistrate, the contemner denied the same and stated that he was directed by the Deputy Commissioner, Rangpur on 18-8-83 as per decision of the Zonal Martial Law Administrator, Zone-B dated 14-8-83 to ask Certificate Officers to..Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....isoner Most. Mallika Khatun has been convicted u/s 302 of the Penal Code and sentenced to death by Mr. A. K. Mohammad Ali, Additional Sessions Judge, 3rd Court, Rangpur by his judgment and order dated 24.7.83 in Sessions Trial Case No.225 of 1982. 2. Death Reference Case No.7 of 1983 arise......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. ..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....s 395/397 and 412 of the Penal Code and were sentenced to suffer R.I. for 7 (seven) years each by Mr. Md. Sirajul Islam, Assistant Sessions Judge, Chapai Nawabganj, Rajshahi by his judgment and other dated 2-1-84 in Sessions Case No.83 of 1983. Both the two appeals have been heard together and ......strate who recorded the confession a condition precedent to the admissibility of the confession itself? 8. With due respect we find ourselves unable to agree with the ratio decidendi of the decision reported in (1951) 3 DLR (Dhaka) 383. The decision does not take into consideration the pro..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....that the impugned order of the Government superceding the Executive Committee of the Chamber is passed on two grounds; namely (1) that the Chamber failed to hold the election within 120 days from the date of expiry of Martial Law Order No.43 of 1982, as per Martial Law Order No.58 of 1983 and (2) 10......ction 22(1) of the Trade Organisation Ordinance and as such the learned District Judge acted illegally in granting injunction in this matter. The learned Deputy Attorney General has also cited a decision in support of his contention. 6. Section 22(1) of the Trade Organisation Ordinanc..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)
....d not be quashed. 2. On 29.4.83 Md. Abdul Aziz, Assistant Sub-Inspector of Police lodged an F.I.R. at Kotwali P.S, Chittagong stating that, in pursuance of Kotwali Police Station G.D. No.78 dated 2.4.83 regarding the unnatural death of one Sati Rani Basak, wife of absconding accused Biswan......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. ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....Ali were convicted under section 302/34 of the Penal Code and sentenced to transportation for life each by Mr. Md. Rezaul Haque, Additional Sessions Judge, 2nd Court Rangpur by his judgment and order dated 19-8-81 in Sessions Trial Case No.52 of 1981. 2. Appellant Zaheda Begum was the info....... 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. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....No. 1. A.W. Bhuiyan, Additional Attorney-General, instructed by B.Hossain, Advocate-on-Record—For the Respondent Nos. 2—3. Civil Review arising out of the Judgment and Order dated 3.8.83 passed by this Court in Civil Appeal No. 43 of 1983. Judgment Fazle ......udgment 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 Miscellaneous Case No. 958 of 198..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)
....nur Ahmed, Advocate-on-Record—For the Respondents No. 1. Not represented—For the Respondents Nos.2 to 5. Civil Appeal No.74 of 1904. (From the judgment and order dated 6.2.84 passed by the High Court Divisions, Dhaka Bench in Revision Case No. 434 of 1983.) ......83 the defendant objected to this prayer and the High Court Division, however allowed the prayer by its judgment dated 6.2.84. 4. Leave was granted to consider as to the correctness of the decision of the High Court Division. Order 18, rule 17 of the Code was noticed by the High Court D..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... Judgment Syed Mohammed Ali J. - This appeal by the defendant No. 1 appellant is directed against the judgment and decree passed by Mr. K.A.F. Mahmood, Subordinate Judge, 2nd Court, Chittagong dated 23.12.74 in other Appeal No.25 of 1973 dismissing the defendant's appeal and affirming the...... the trial Court again decreed the suit. The trial Court on comparison and examination of the signatures of the plaintiff No. 1 in the plaint, deposition and vakalatnama and those of kabala came to a decision under section 73 of the Evidence Act that the signatures on the disputed bainanam..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....w of the informant, being seriously injured died and the F.I.R. was lodged against accused opposite parties on 1.4.83 at about 9-45 P.M. alleging inter-alia that such riot took place on the same date at about 11 or 11-30 A.M. Police submitted charge-sheet against 43 persons under sections ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....ndant No.1 married and continued to employee defendant No.1 as servant and his wife as maid servant. Being satisfied with their services she also gifted away some lands to him by two registered deeds dated 12-4-69 and 21-4-69 which were in fact obtained by the defendant No.1. Upon death of her mothe...... that all that section 42 requires is that the declaration should be concerning the legal character of the plaintiff, be it in the positive manner or in the negative manner. 6. For a proper decision on this point of law it will be useful to re-produce the workings of section 42 of the Spec..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Dula Meah Vs. Md. Ibrahim Khalil @ Ibrahim Khalil, 1984, 13 CLC (HCD)
....contract for sale of the suit land. The suit land admittedly belonged to Dula Meah who transferred the same to the defendant Md. Ibrahim Khalil, respondent here, by executing a registered kabala dated 21.1.1962 for Tk. 600/- The plaintiffs alleged that the defendant executed a deed of agree­...... laid down the rule: "The rule is—and it is nothing more than a rule of practice—that where there is conflict of oral evidence of the parties on any matter in issue and the decision hinges upon the credibility of the witnesses, then unless there is some special feature abo..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
.... schedules Ka to Gha. 2. The plaintiffs' case was that the lands of schedule Ka belonged to Mojibor Rahman and Rajab Ali from whom the plaintiffs purchased the said lands by two kabalas dated 26.6.67 and 19.6.67. Lands of schedule Kha belonged to Hakimuddin and 7 others from whom the p......1. The appeal is therefore allowed without any order as to costs. The judgment and decree passed by the learned Additional District Judge is set aside and the appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Re..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....9B Trial absentia & Question of its legality Since neither the Upazila Magistrate nor the Ex-officio Sessions Judge asked the accused to appear before the trial court on any particular date nor directed the sureties to produce him he cannot be said to have absconded or failed to appea...... persons absconds or fails to appear, the procedure as laid down in sub-section (1) shall not apply and the court competent to try such person for the offence complained of shall, after recording its decision so to do, try such person in his absence." 8. The learned Advocate for the appell..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)
.... Abdul Haque—For the State. Criminal Appeal No. 68 of 1983. Judgment M. S. Ali J. - This criminal appeal by Tota alias Tofazzel Hossain is directed against the judgment and order dated 23.3.83 passed by Mr. S.H. Bahar, Assistant Sessions Judge, Jhenidah in Sessions Case No.287 o...... the test identification parade, we do not enter into this, aspect of the matter. 13. In support of the aforesaid two contentions, the learned Advocate for the defence has relied on certain decisions to which we now advert briefly. These cases can be easily distinguished from the one befor..Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6
Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....Opposite parties. Civil Revision Case No. 156(C) of 1982. Judgment Syed Mohammad Ali J.- This rule was obtained by the petitioner Abul Hashem and it is directed against the order No.19 dated 10.8.1982 passed by Mr. S.U. Mahmud, Sub-ordinate Judge, Cox's Bazar in Other Suit No.24 o...... 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 ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
..... Rajshahi (Sadar) with a direction to dispute of the suit as early as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 351 ......stly he held that the learned Munsif did not commit any illegality in assessing the value of the purchased share through a pleader Commissioner. The learned Subordinate Judge also referred to certain decision of the superior Court in support of his finding. Thus he rejected all the points of objecti..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....gment Fazle Hussain Muhammad Habibur Rahman J.- This appeal at the instance of defendant appellant Eastern Maritime and Trading Corporation, Djibouti, is directed against the judgment and order dated 29-1-84 passed by Mr. Md. Shamsher Ali, Subordinate Judge, 3rd Court, Chittagong in Money Suit...... the suit.” Thereafter defendant appellant has filed this appeal and also obtained the Rule. 5. Mr. M. Hafizullah, the learned Advocate for the defendant appellant has referred to the decisions in the cases of Messrs United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Line L..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5