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Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     ......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     ......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     ......­cing turn thereunder to a fine of Tk. 5,000/- in default Rigorous Imprisonment for 2(two) years. 2. Briefly, the facts of the case are that the petitioner lodged an F.I.R with the Motijheel Police Station being Motijheel P.S. Case No.146(10) 82 alleging, inter-alia, that the accused Opposi..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......enten­cing turn thereunder to a fine of Tk. 5,000/- in default Rigorous Imprisonment for 2(two) years. 2. Briefly, the facts of the case are that the petitioner lodged an F.I.R with the Motijheel Police Station being Motijheel P.S. Case No.16(10) 82 alleging, inter alia, that the accused Opposit..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25

Abdur Razzak & others Vs. The State, 1985, 14 CLC (HCD)

....al with Amirul Kabir Chowdhury— For the State. Criminal Revisional No. 34 of 1985 Judgment Fazle Hussain Mohammed Habibur Rahman J.—This Rule was issued on 14.8.35 upon the Deputy Commissioner, Chittagong asking him to show cause why the proceedings in Special Tribunal Cas...... under this Act without the accused being committed to it for trial, but shall not take cognizance of any such offence except on a report in writing made by a police officer not below the rank of Sub-Inspector." 7. In the instant case Mr. Siddique Ahmed Chowdury, the learned Advocate for t......Miah Vs. Bangladesh and another, 32 DLR (AD) 35. Lawyers Involved Siddique Ahmed Chowdhury with Mustafa Niaz Muhammad— For the Petitioners. Kazi Aktar Hossain, Assistant Attorney-General with Amirul Kabir Chowdhury— For the State. Criminal Revisional No. 34 of 1985 ......kub, 3. Mohd. Mohsin, 4. Rashid Ahmed 5. Kamrul Islam and 6. Abdus Sukur. Ac­cused Nos.1-5 are in custody and accused No.6 Abdus Sukur is abscond­ing from the very beginning. Perused the Police report. In con­sideration of facts stated in the police report cognizance is taken of the..

Category: Criminal Law | Date: 9 Sep, 1985 | Hits: 2

Abu Sayed & another Vs. The State, 1985, 14 CLC (HCD)

....l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ......d enmity with the informant over some litigation and out of that enmity they killed Sattar and also would have killed him had he not fled. 4. The informant lodged the F.T.R. after the police Sub-Inspector went to his house. After investigation charge-sheet was submitted against the two accused ...... Result: The appeal is allowed. Lawyers Involved Shawkat Ali Khan, with Abdul Basel Majumder, Gour Gopal Shaha— For the Appellants. Gazi Abdul Mannan, Assistant Attorney-General— For the State. Criminal Appeal No. 303 of 1983. Judgment Amin-Ur-Rahma......l be set at liberty forthwith if not wanted in any other case. A.T.M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ..

Category: Criminal Law | Date: 13 Aug, 1985 | Hits: 1

Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)

..... Md. Ruhul Amin, Advocate-For the opposite parties. Criminal Revision No. 196 of 1983 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 or......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     ......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     ......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     ..

Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1

Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)

....e Opposite Party. Criminal Revision No. 24(Ctg,) of 1983. Judgment Fazle Hussain Mohammed Habibur Rah­man J.— This 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 caus......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.   ......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.   ......, Jamal Hossain, Nurul Islam, Md. Alam and Md. Idris along with 10/15 others took away from complainant's land paddy worth Taka 3000/- from his possession and that the paddy was grown by him. The Police investigated into the case and submitted final report. The Sub-Divisional Magistrate accep&sh..

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. ......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. ......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. ......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

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. ...... 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. ...... 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 as defendants in the suit. 2. The plaintiff opposite party filed the said suit ...... 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. ..

Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1

Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)

.... 1959 (Bombay) 477; Lal Girjesh Bahadur Pal Vs. Chaudhari Bhangwati Prasad, AIR 1942 Allahabad (F.B.) 153. Lawyers Involved: S. C. Das— For the Petitioner. Kazi Shafiuddin Ahmed, Deputy Attorney-General with Amirul Kabir Chowdhury— For the State. Maqbul Ahmed— F......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.   ......77; Lal Girjesh Bahadur Pal Vs. Chaudhari Bhangwati Prasad, AIR 1942 Allahabad (F.B.) 153. Lawyers Involved: S. C. Das— For the Petitioner. Kazi Shafiuddin Ahmed, Deputy Attorney-General with Amirul Kabir Chowdhury— For the State. Maqbul Ahmed— For the Complaina......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.   ..

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. ......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. ......ot;persona designata". This finding of the learned Judge has not been seriously challenged before me by the learned advocate for the petitioner. Moreover sub­section (15) of Section 3 of the General Claused Act reads as follows:— ''District Judge" shall mean the judg......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. ..

Category: Civil Law, Election Law | Date: 2 Dec, 1984 | Hits: 2

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

.... 28, 1984. Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. A......ry Report dated 23-12-83 prepared by the said Upazilla Education Officer and the Upazilla Health and Family Planning Officer. Annexure 'E' is another complaint dated 25-12-83 by the Assistant Inspector of Co-operative, Chilmari Upazilla containing some allegations against the Munsif-Magistra......Result: The Rule in Criminal Misc. Case No.24 of 1984 is made absolute The Rule in Criminal Misc. Case No.41 of 1984 is discharged. Lawyers Involved: Sultan Ahmad, Deputy Attorney-General with Quazi Akhter Hossain Assistant Attorney-General Md. Anser Ali and Md. Altafur Rahman&md......he hatch a conspiracy against the Munsif-Magistrate after issuance of the Contempt Rule to assault him. The allegations of the Munsif-Magistrate were enquired into by the Additional Superintendent of Police, Kurigram on 10-4-84 and by the Additional Depu­ty Commissioner (General), Kurigram on 15..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)

.... Rashid Vs. State, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. Lawyers Involved: Marfat Ali with Md. Altafur Rahman— For the Condemned Prisoner. Sultan Ahmad, Deputy Attorney-General with Mokhter Hossain and Quazi Akhter Hossain, Assistant Attorney-General&md......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.   ......e, 27 DLR (AD) 1; Unniri Kannan Vs. the State, AIR 1960 Kerala 24. Lawyers Involved: Marfat Ali with Md. Altafur Rahman— For the Condemned Prisoner. Sultan Ahmad, Deputy Attorney-General with Mokhter Hossain and Quazi Akhter Hossain, Assistant Attorney-General—For the Stat......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

Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)

....s Vs. Province of East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Wazir Ali. Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50.   Lawyers Involved: Sultan Ahmed, Deputy Attorney-General—For the Petitioner. B. N. Chowdhury—For the addition of Pa...... 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. ......f East Pakistan and others, 17 DLR (Dhaka) 263; H.M. Saya & Co. Vs. Wazir Ali. Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50.   Lawyers Involved: Sultan Ahmed, Deputy Attorney-General—For the Petitioner. B. N. Chowdhury—For the addition of Parties. Civi...... 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. ..

Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2

Sabitri Rani Dey Vs. The State, 1984, 13 CLC (HCD)

..........................Respondent Judgment October 29, 1984. Result: The Rule is discharged. Lawyers Involved: S. C. Das—For the Petitioner. Kazi Shafiuddin, Deputy  Attorney-General—For the State. Criminal Revision No. 5 of 1984. Judgme......529 of 1983 pending in the Court of the Chief Metropolitan Magistrate, Chittagong arising out of Kotwali P.S. Case No.67 (4) 83 should 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 K......Respondent Judgment October 29, 1984. Result: The Rule is discharged. Lawyers Involved: S. C. Das—For the Petitioner. Kazi Shafiuddin, Deputy  Attorney-General—For the State. Criminal Revision No. 5 of 1984. Judgment Fazle Hussain ......ending in the Court of the Chief Metropolitan Magistrate, Chittagong arising out of Kotwali P.S. Case No.67 (4) 83 should 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..

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.       ....... 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.       ....... 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.       ....... 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

Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)

....ons on the person of the deceased the charge against the accused appellants was not proved and was rather disproved and the entire prosecution case was doubtful. 5. Mr. Sultan Ahmed, the learned Deputy Attorney General representing the state submitted that there was no undue delay in the lodgin......;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   ......n of the deceased the charge against the accused appellants was not proved and was rather disproved and the entire prosecution case was doubtful. 5. Mr. Sultan Ahmed, the learned Deputy Attorney General representing the state submitted that there was no undue delay in the lodging of the F.I.R. ......ment the informant lodged F.I.R. in the afternoon of the same day. In Rajshahi Medical College Hospital Shantu died on 16.2.81. There was post mortem examination held on his deadbody at Rajshahi. The Police after investigation charge-sheeted the five accused persons and they were placed on trial bef..

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. ......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. ......cord—For the Ap­pellants. Asrarul Hossain, Senior Advocate instruc­ted by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent No. 1. A.W. Bhuiyan, Additional Attorney-General, instructed by B.Hossain, Advocate-on-Record—­For the Respondent Nos. 2—3. Ci......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. ..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

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.         ...... 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.         ...... 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.         ......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 147/148/149/324/326/302/109 of ..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1

Kala Meah (Member) Vs. The State, 1984, 13 CLC (HCD)

....e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......e prayer for bail is rejected. Send down the records immediately. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 263;5 BLD (1985) 21. ......he Cantonment. He was then told that the dead body of his son Rabi Chndra Chakma would be sent to Lama for post mortem examination. On 31-5-83 informant P.W. 1 lodged written F.I.R. at P.S. Alikadam. Police investigated into the case and submitted charge sheet against the aforesaid five accused pers..

Category: Criminal Law | Date: 22 Jul, 1984 | Hits: 1

Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)

....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ...... is a seizure-list witness when the hurricane lump concerned was seized by the S.I. of police, he was present and he signed the seizure-list. P.W.5 Mohitul Islam, he was an S.I. of police at Jhenidah Police Station at the relevant time, who conducted the investigation, prepared the sketch map, seize..

Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6