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The State Vs. Mr. M.A. Wadud, 1983, 12 CLC (HCD)
....der be forwarded to Secretary, Cabinet Division, Government of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ......ner, but it is difficult to accept such plea because of the fact that the act was done deliberately. There is no doubt that the contemner has shown gross disregard and utter contempt towards the order of the Sessions Judge. Since under the new dispensation of the present Government the Magistra......overnment of Bangladesh, Bangladesh Secretariat, Dhaka. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 95. ......………………Contemner Judgment March 9, 1983. Result: The Rule is disposed of. Contempt of Court- The contemner cancelled the bail of one accused Ayub Ali knowing that he was granted bail by the Sessions Judge earlier. Although t..Category: Contempt of Court Law, Criminal Law | Date: 9 Mar, 1983 | Hits: 2
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......he Appellant. Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record - For the Respondents. Civil Appeal No. 62 of 1982. (From the judgment and order dated 9-6-81 passed by the High Court Division in Second Appeal No. 5 of 1968.) Judgment ......s also reported in: 35 DLR (AD) (1983) 216. ......ection 100 of the Civil Procedure Code, in reversing, in a second appeal, the lower Appellate Court's decision keeping in view the established principle that no second appeal lies on ground of erroneous finding of fact, however, gross the error may be. 2. Circumstances giving rise to this a..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Sudhir & 5 others Vs. The State, 1983, 12 CLC (HCD)
....tan Ahmed, D.A.G. certified that Mr. Md. Marfat Ali appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......tate. Criminal Appeal No. 252 of 1981 and Death Reference No. 6 of 1981. Judgment Amin-Ur-Rahman Khan J. — This appeal by the 6 accused-persons directed against the Judgment and order of the Additional Sessions Judge, 1st Court, Rangpur convicting and sentencing them to suffer ......appeared with him in this case and certified Junior's fee at usual fees. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 293. ......to prove that the present appellants committed the murder of Jitendra. 8. The learned Additional Sessions Judge based the conviction and sentence solely upon an extra-judicial confession of only one of the accused, namely, accused Sudhir without any proof that Sudhir at all made such confession..Category: Criminal Law, Evidence Law | Date: 8 Mar, 1983 | Hits: 4
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......ts. Writ Petition No. 529 of 1980. Judgment Fazle Hossain Mohammad Habibur Rahman J.- This is an application under section 82 of the Civil Procedure Code for reporting the case for the order of the Government. 2. Section 82 of the Civil Procedure Code reads as follows:- &qu......It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ...... High Court Division (Special Original Jurisdiction) Present: FHM Habibur Rahman J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment ..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......ovisions of P.O. No.26 of 1972, as amended upto date, and has argued that as the Board of Directors of the Sonali Bank is appointed by the Government as the Board is guided by such general or special order as the Government may give it from time to time, as the officers and employees of the bank may......e is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......ly Rules 10,12,13,14, and 15 of 1970 which moved up cause of action against the accused-respondent. If an Inspector visits a shop or establishment and asks for the particulars or registers mentioned in the aforesaid Rules and if the employer fails to produce those particulars and registers ins..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....t Bengal State Acquisition and Tenancy Act as such is not acquitable under the provisions of the said Act. It was further case of plaintiffs that no compensation assessment roll has been prepared and published in respect of the suit land as such the order of acquisition is illegal, void and not bind......y. Civil Revision No. 806 of 1979. Judgment Abdul Matin Khan Chowdhury J. — This rule was issued calling upon the Deputy Commissioner, Jessore to show cause why the judgment and order passed by the learned Subordinate Judge, Jessore on 18-6-79 in Misc. Appeal No.6/79 affirming ......ny order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......Civil Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh…………………..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
....s.
(4) The Accounts of the firm will be audited by a Chartered Accountants firm to be agreed upon by both the parties and the audit report of the audited accounts relating to the Project will be published every six months.
(5) Defendant No. 1 will remain in overall charge of the Feni ......zaman, Advocate, instructed by Md. Aftab Hossain, Advocate-on Record - For the Respondent No. 1.
Criminal Miscellaneous Petition No. 8 of 1982 (Contempt Matter).
(From the judgment and order dated 13 July, 1982 passed by the Appellate Division in Civil Appeals Nos. 63, 64 and 65 of 19...... to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......FKMA Munim CJ
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Syed Md. Mohsen Ali J
Mahbubur Rahman Sikder and others................................Petitioners
Vs.
Mujibur Rahman Sikder alias M. R. Sikder & others..............Respondent
..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......executor filed the Probate suit, being Probate Suit No.5 of 1974. Thereafter Digindra died and an application for substitution of the heirs of Digindra was filed. The learned District Judge, vide his order dated 5-4-76, held that if the executor dies before obtaining Probate it cannot be granted to ...... Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......-4-76, held that if the executor dies before obtaining Probate it cannot be granted to his heirs. The view was taken that substitution under the provision of the Code of Civil Procedure could not be done in view of section 222 read with sections 258, 295 of the Succession Act. In this view of the ma..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Muzahar Sikder Vs. Fariduddin Ahmed & others, 1982, 11 CLC (HCD)
.... of Sub-Divisional Magistrate, Patuakhali, be stayed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ......ment' in the Code means a judgment of conviction or acquittal. Every Order in a Criminal case, therefore was not a judgment. Whether a decision of the High Court Division which is neither an order of conviction nor of acquittal is judgment- The order of dismissal for default being not ......ed for a period of two months from date, as prayed for. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 96. ......hman Chowdhury J Anwarul Huq Chowdhury J Muzahar Sikder…………………………………………Petitioner Vs. Fariduddin Ahmed & others………………&hel..Category: Procedural Law | Date: 13 Dec, 1982 | Hits: 1
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......vision No. 38 of 1982. Judgment Latifur Rahman J.— In this application under sections 435 read with 439 of the Code of Criminal Procedure, the present petitioners have challenged the order of the Additional District Magistrate, Dinajpur in appeal case No.4 of 1982 dated 11-11-82 ref......he observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......ion) Present: Latifur Rahman J Jamsed & others…………………………………………Petitioners Vs. Abdus Samad & others…………………..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
.... in any manner. Let the lower Court's records be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ......ether there is in his judgment no sufficient ground for proceeding or whether he shall send the case to the Court of Sessions. Further Enquiry after Discharge- If any one is aggrieved by an order of discharge passed by a Magistrate, although he connot file before the Magistrate a petition ......ds be sent back immediately. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 267. ...... Division (Criminal Revision Jurisdiction) Present: Mohammad Habibur Rahman J Mustafa Kamal J Abdus Salam Master and another……………..Petitioners Vs. The State……………………&hellip..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ...... the lower appellate Court is set aside and the judgment of the trial Court is restored. Consequently the pre-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ......p;…Opposite Parties Judgment November 24, 1982. Result: The Rule is made absolute. Whether right to pre-emption exists if reconveyance of land comes about before starting of proceeding for pre-emption- If the reconveyance takes place before the starting of ......rt Division (Civil Revisional Jurisdiction) Present: Latifur Rahman J Ramesh Chandra Barman & others……………………Petitioners Vs. Naresh Chandra Barman & others……………&helli..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......torney General— For the State. Criminal Revision No. 40(c) of 1982. Judgment ATM Afzal J. — Accused-petitioner Abdur Razzak obtained this rule calling in question two orders. The first one is dated 13-4-82 passed by the Additional Sessions Judge, 3rd Court, Comilla i......ther accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......: ATM Afzal J Mohammad Abdur Rouf J Abdur Razzaque…………………………………………Petitioner Vs. The State & another…………………&h..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......e jurisdiction of the High Court Division under section 561A of Cr.P.C. is an inherent power which cannot be deemed to be otherwise limited or affected and this Court is always empowered to make such order as may be necessary to prevent any abuse of process of any subordinate criminal Court and to s...... absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......riminal Revisional Jurisdiction) Present: Syed Muhammad Husain J Amin-Ur-Rahman Khan J Mohammad Nazrul Islam……………………Petitioner Vs. The State………………………..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
...... foregoing facts and circumstances of the case we are of the view that the respondents' predecessor had no claim upon the suit land excepting as a licensee.
The appeal is allowed without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of ......: 35 DLR (AD) (1983) 157.
......Second Appeal No. 27 of 1966.
2. The appellant which was formerly Dhamai Tea Company Limited instituted Title Suit No. 76 of 1958 in the 2nd Court of Munsif, at Moulvi Bazar, Sylhet against one Arjun Kurmi, predecessor of respondent Nos. 13 and against the erstwhile Province of East Pakist..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ......, Madaripur and 11 witnesses for the prosecution were examined by him. The Sub-Divisional Magistrate after perusal of the evidence on record discharged the accused petitioner Nazrul Alam by order dated 12-8-78 under section 253 Cr.P.C. Against the said Order of discharged, co-accused Ashit......t of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33. ...... Mohammad Habibur Rahman J Mustafa Kamal J Nurul Islam…………………………………………Petitioner Vs. The State………………………..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......t No.1 pursuant to their father's contract. 5. The trial court decreed the suit, it declared the plaintiffs right, title and interest to 2/3rd share of schedule Kha and Ga land and ordered that they were entitled under section 4 of the Partition Act to repurchase the remainin......ellip;………….Respondents Judgment July 1, 1982. Result: The Appeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. Abdul Aziz and ors 34 CWN 46. Lawyers Involved: ......eal No. 303 of 1974. Judgment MH Rahman J.—This appeal is by the heirs and legal representatives of defendant No.1. 2. The plaintiffs case, in brief, is that the properties mentioned in schedule Kha and Ga to the plaint belonged to Beni Madhab Karmakar who died leaving Uaharani..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......d others……………Respondents Judgment January 27, 1982. Result: The rule is made absolute. Transferee court may punish for violation of an order of injunction- Order 39, Rule 2(3) empowered the court to punish for disobedience of any ...... This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......bdul Wadud Chowdhury J Sultan Hossain Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Res..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......sition of Property Act cannot be extended under section 14 or under any other provision of the Limitation Act, 1908 which has got no application to the special statute. No scope for review of an order by which an award is made- Review is not a matter of procedure, it involves a substantive righ......ther provision of the Limitation Act, 1908 which has got no application to the special statute. No scope for review of an order by which an award is made- Review is not a matter of procedure, it involves a substantive right. There is no scope for review of an order by which an award is mad......e dispute, and he is not entitled to re-agitate the matter by way of review………………(6 &7) Cases Referred to- Hussain Baksh Vs. Settlement Commissioner Rawalpindi, PLD 1970 (SC) 1; Manager Lever Brothers (Pak) Ltd. Vs. Lever Brothers (Pakistan) Lt..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ......d leave to consider whether the Admiralty Court was wrong in rejecting the plaint as, in its opinion, rule 11(a), Order 7. Code of Civil Procedure does not empower the Admiralty Court to pass such an order. 7. Mr. K. A. Bakr, Counsel for the plaintiff-appellant, submitted that the provisio......: 35 DLR (AD) (1983) 188. ......others…………… Respondents Judgment June 9, 1982. Result: The appeal is allowed. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0' Connor Vs. P.G. Sampath Kumar, A.I.R. 1953 Md..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
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