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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. ......site 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 an order dated 13.5.84 acquitting the accused respondent Abdur Rahman of the charge under section 12(1)......le Hussain Mohammed Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 27. ......lip;………Opposite-Parties Judgment July 20, 1985. Result: the appeal is dismissed. Lawyers Involved M. Fazlul Karim— For the Appellant. No one— For the Opposite Parties. Criminal Appeal No. 79 of 1984. Judgment Md. Abd..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. ......;For the 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 o...... Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......under this section and comply with the provisions herein contained the applicant or applicants shall have the prior right to purchase under this section in the order in which they have been mentioned above.” As appears clearly from sub-section 5 (i) (a), a co-sharer by in..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. ......;ding Co.................................Plaintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgment July 8, 1985. Result: The order is stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (......so Reported in: 38 DLR (HCD) (1986) 30. ......by virtue of the provision of section 6 of the Admiralty Court Act, 1861 the jurisdiction of High Court of the England was statutorily assigned to that Court over any claim of account of damage done to the goods by negligence or misconduct pr for breach of any contract on the part of the o..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. ......M. Fazlul Karim— 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 Othe.......Petitioner Vs. 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 Inv...... Court High Court Division (Chittagong Bench) (Civil Revisional Jurisdiction) Present: Syed Mohammed Ali J Ranjit Kumar Rakshit....................................Petitioner Vs. Sudhir Kumar Chowdhury...........................Opposite-Party Judgment ..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. ......: Asrarul Hossain with Abdul Azim— For the Appellant (In both the appeals. Shafiqur Rahman with Mohamadullah— For 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 ari......rrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135. ......port of the judgment of the learned District Judge has submitted that the marks of the plaintiff and the defendants being visually nearer to each other and they resemble each other in monograms and phonetically being akin to each other and the unwary purchasers are likely to be deceived by the marks..Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......was issued 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, Chittag......e trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ......riminal Revisional 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 Judg..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
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. ...... Petitioner. 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 ......t. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 71. ......Supreme Court 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..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. ......ned prisoner 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...... Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......igh Court Division (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J The State...........................................Petitioner Vs. Mosammat Mallika Khatun...................Respondent and Mosammat Malli..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......y;mitted in evidence. 7. The question that falls for determination is, whether the Magistrate who recorded a confession under section 164 Cr. P.C. is to be compulsorily examined in Court in order that the confession may be legally proved and admitted into evidence. In other words, is the e......I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ......his bidi with a matchstick. Then the said dacoit struck P.W.4 with a hashua on his shoulder and on parts of his body. P.W.3 Mahbul ran away after seeing the occurrence. The dacoits took away all the money from P.W.4 Matiur. On the cries of P.W.3 Mahbul, the informant's uncle P.W.5 Nowsheruddin, ..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
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. ......sh;For the Petitioner. B. N. Chowdhury—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 Ru......so Reported in: 37 DLR (HCD) (1985) 102. ......Supreme Court High Court Division (Rangpur Bench) (Civil Revisional Jurisdiction) Present: Latifur Rahman J Dy. Secretary, Ministry of Commerce...................Petitioner Vs. Nizamuddin Haider...........................................Respondent Judgm..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. ......heir maid servant accused Sabitri Rani Dey on 29.4.83. On 30.4.83 accused petitioner Sabitri Rani Dey was arrested and sent to the Court of the Chief Metropolitan Magistrate. In pursuance of the order of the learned Sessions Judge, Chittagong accused petitioner Sabitri Rani Dey and another accu......dul Jalil J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 97. ...... Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sabitri Rani Dey.....................................Petitioner Vs. The State..........................................Respondent Judgment ..Category: Criminal Law | Date: 29 Oct, 1984 | Hits: 1
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
..... 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. ......haheb 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 in&......ab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......gh Court Division (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Mustafa Kamal J Md. Abdul Wahab J Zaheda Bewa & anothers…...................Petitioner Vs. The State...........................................Respondent Judgment ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......th Malik Syed Ahmed and Md. Mokhtar Hossain—For the State. Criminal Appeal No. 44 of 1983 Judgment Amin-Ur-Rahman Khan J.— This appeal is directed against, the judgment and order of the Sessions Judge, Pabna convicting the five accused appellants under section 302/34&......suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......y implicated out of enmity. It was further suggested that deceased Shantu was a dacoit and a hijacker. 3. 15 witnesses were produced before the Sessions Court out of whom three were tendered and one was declared hostile. The learned Sessions Judge on consideration of the evidence found the char..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......ising out of the Judgment and Order dated 3.8.83 passed by this Court in Civil Appeal No. 43 of 1983. Judgment Fazle Munim CJ.— This review petition is against the judgment and order of this Court in Civil Appeal No. 43 of 1983. 2. In brief, the facts of the case ar...... This Case is also Reported in: 37 DLR (AD) (1985) 43. ......; 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 1972)..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
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.......ch power cannot be exercised for giving undue advantage to a party .........(4) Exercise of discretion for recalling the plaintiff after 2½ years was irregular exercise of power and such order must be set aside. The Appeal is allowed and judgment and order of the High Court Division ar...... exercised judicially and not arbitrarily. Discretionary power under Order XIIX rule 17 of the Code of Civil Procedure shall have to be exercised subject to law of Evidence for the time being in force. Discretionary power of the Court cannot be exercised for helping the litigant who is ...... it is beyond its competence to virtually oblige a party to examine any particular witness. While, therefore, it is the duty of a court of law not only to do justice but to ensure that justice is done it should bear its mind and it must act only according to law, not otherwise." 6..Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199
Faiz Ahmad Vs. Kazi Abdul Wahab, 1984, 13 CLC (HCD)
.... below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......ts of this case. In the result, the appeal is dismissed and the judgment and decree of the Courts below are affirmed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 357 ......llip;………Respondent Judgment August 13, 1984. Result: The appeal is dismissed. Case Referred To- Rambharosa Vs. Smt. Bifida Devi and another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momtazuddin Ahmed-For the...... another reported in A.I.R. 1956 Patna page 203 Lawyers Involved: Abdul Manan with Momtazuddin Ahmed-For the appellant. Mostafa Kamal Pasha—For the Defendant-Respondent. No one—For the respondents. Appeal from Appellate Decree No. 384 of 1970. Judgment ..Category: Civil Law, Others | Date: 13 Aug, 1984 | Hits: 1
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
.... 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. ......the Sub-Divisional Magistrate, Sunamganj and the same was dismissed on 26.1.83 on merit. Upon a motion under Section 436 Cr.P.C. the learned Additional Sessions Judge, 2nd Court, Sylhet set aside the order of dismissal of the complaint by his judgment dated 8.9.83 and directed further enquiry into c......rocedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ......ourt Division (Sylhet Bench) (Criminal Revisional Jurisdiction) Present: Md. Abdur Rouf J Md. Abdul Muttalib J Arjuman Ali................................Informant-Petitioner Vs. Abdus Samad & others.................Opposite-Parties Judgment Augu..Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....from any error of law and there is no scope for revision. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......tually though indirectly amounts to declaration of plaintiff's own legal character. 9. The real purport of the suit and the actual substance of the relief prayed has to be considered in order to see if the requirement of section 42 is fulfilled or not. The apparent form and langua...... costs. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 49. ......reme Court High Court Division (Rangpur Bench) (Civil Revisional Jurisdiction) Present: Amin-Ur-Rahman Khan J Bipin Chandra Ray...................................Petitioner Vs. Bunchuki Barmani.............................Opposite-Party Judgment Ju..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....he appeal is remanded to him for fresh decision. Send s down the records at once to the Court concerned. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......learned Additional District Judge for deciding the appeal afresh in accordance with law and in the light of the observations made above. 11. The appeal is therefore allowed without any order as to costs. The judgment and decree passed by the learned Additional District Judge is set as......This Case is also Reported in: 37 DLR (HCD) (1985) 79. ......ds with Ataur Rahman by executing power of Attorney dated 6.8.65 and from Ataur Rahman the plaintiffs purchased the said lands by two kabalas dated 21.4.66 and 23.4.66. After their said purchase one Belal Hossain claimed right by an earlier settlement from Shyamapada and Kalipada and to avoid t..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)
....rested and produced [or trial and there is no immediate prospect of arresting them, the court taking cognizance of the offence complained of shall, by order notified in the official Gazette, and also published in at least one Bengali daily newspaper, direct such person to appear before it within suc......mirul Kabir Chowdhury—For the State. Criminal Appeal No. 30 of 1984 Judgment Fazle Hussain Mohammed Habibur Rahman J.— This appeal is directed against the judgment and order dated 23-1-84 passed by Mr. R.L. Sarker, Additional Commissioner, Chittagong Division and Ex-O......records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ....... 30 of 1984 Judgment Fazle Hussain Mohammed Habibur Rahman J.— This appeal is directed against the judgment and order dated 23-1-84 passed by Mr. R.L. Sarker, Additional Commissioner, Chittagong Division and Ex-Officio Sessions Judge, Chittagong Hill Tracts, Bandarban and Khagr..Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1
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