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Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ...... April 3, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 235-237, 403 & 403(2) In this case "robbery" and "unauthorised possession of fire arms" are not the offences of same nature as contemplated in these two sections. Rather, these are two distinct offences for which a pe..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......osts. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......wn that the jurisdiction under the aforesaid provision amounts to what in England used to be known as prerogative exercise of the writ of quo warranto, In England since 1938 all informations in the nature of qua warranto were abolished and it was provided that, in any case where a person acted in ..Category: Election Law | Date: | Hits: 130
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......ons of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......id ad valorem court fees on the proposed amended plaint. This amendment raised the controversy as to whether the prayer was barred under Order 2, rule 2 of the Code and whether the prayer changed the nature and character of the suit. The Courts below have consistently turned down the contention of t..
Category: Property Law | Date: | Hits: 36
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......mmel Huq (1975) 27 DLR 256; Premraj Vs. Maneek Gazi AIR 1971 Calcutta 156 exhaustive discussions have been made on the provisions of Order 38 of rule 5 of the Code. 8. If we try to understand the nature of the property contemplated under the rule liable for attachment before judgment, it appea..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ...... accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......g each to exercise else its own function, always, of course, subject to the right of the Court to intervene in an appropriate case when moved under section 491, Criminal P.O. to give direction in the nature of habeas corpus.” Their Lordships stated about the nature and extent of the inherent p..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......pellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......f the Special Powers Act says that the detenu shall be served with the grounds of detention, so that he can make a representation against his detention. We are concerned with the question as to the nature of the grounds that are to be served on the detenu. Grounds, no doubt, mean conclusions der..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......nfessional statement of co-accused though admissible, is of very little evidentiary value unless there is Independent corroboration of it. The confession of a co-accused is an evidence of a very weak nature; it was not given on oath, nor in the presence of co-accused, nor was it tested by cross-exam..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ......ion of blood in and around the wound was found and the death of the victim in his opinion was due to shock and hemorrhage as a result of the aforesaid injury which was ante-mortem and homicidal in nature. 13. The High Court Division observed that in this case the F.I.R was lodged at the ..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......ingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... may be taken into consideration, not for the purpose of setting aside the ex parte decree, but for the purpose of determining the motive for fraudulent suppression of summons and other cases of like nature by which the other side is prevented from placing its case before the Court but from the fals..Category: Property Law | Date: | Hits: 38
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... daughter at the relevant time deceased and in favour of her another daughter totally of her own free will and she (Rativan Bibi) executed the deed being fully aware of the contents thereof and the nature of the transaction as deposed by the DWs 2 and 6 in respect of whom hardly any exception leg..Category: Property Law | Date: | Hits: 30
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......tic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......uent power is not a law and it is unchallengeable. It has been asserted that the word amendment corrects errors or commission or omission or modifies the system without fundamentally changing its nature. This power of amendment may not be construed in a narrow sense but be construed in the wides..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....submission that the appellants have been awarded conviction based on the confessional statement of co-accused Zinnah Sardar though the said statement was exculpatory in nature and also the prosecution failed to adduce any corroborative evidence in suppo...... as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... the appellants have been awarded conviction based on the confessional statement of co-accused Zinnah Sardar though the said statement was exculpatory in nature and also the prosecution failed to adduce any corroborative evidence in support of the afore..Category: Criminal Law | Date: | Hits: 36
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......He submitted that 'democracy’ is now associated to the famous dictum 'by the people' and for the people' and 'of the people' and in such democracy the functionaries are mentioned according to its nature and character. 31. He pointed out that Article 48 says that there shall be a President of..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... and confirmed the conviction and sentence of accused Mizazul Islam @ Dablu. 7. Leave was granted since "it will be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an instinctive reaction against a dispassionate judicial scrutiny of th..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......dence clearly support the defence suggestion that Halima Khatun was not killed in the manner as has been deposed. The defence case appears to be more probable than the prosecution as it fits in human nature and as such the appellants are entitled to be acquitted as a matter of right in the facts and..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......first hurled a halanga at the victim's abdomen. The Medical Officer (P.W 12) who held autopsy on his dead body found as many as 11 incised wounds including one, 2" x 2"x abdominal cavity. As to the nature of the halanga, P.Ws. have said that its blade was a pointed iron fixed on a bamboo split and..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......in the mortgage deed whether the corporation could enhance the rate of interest; (b) whether the government had authority to enhance the rate of interest with the increase of bank rate; (c) the nature of sanction letters and whether in the absence of execution and registration of Mortgage de..Category: Property Law | Date: | Hits: 41
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......1(g) of the T.P. Act. Under this section a tenancy may be determined if the tenant violates any express condition of the tenancy stated in the Agreement for tenancy. There was no allegation of such nature against the appellant. Reading the letter dated 7.12.83 and the notice dated 23.2.84 of the r..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......ecutive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131...... remarks were manipulated in such a way as to debar him from promotion. 8. As to the first two points the submissions made by the learned counsel for the appellant appear to be rather tentative in nature than of substance. Ii is not disputed that the D.I.T. have its own service rules and no rule ..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ......o. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... section 72 Cognizance of offences, section 75 Duties of Police, section 81 Public servants and section 82 Protection of action taken in good faith-all these show according to Mr. M. Nurullah the nature of the business of the Union Parishad and in the absence of the Chairman the Acting Chairman ..Category: Election Law | Date: | Hits: 128
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