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Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......ds convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......egum, wife of Sk. Zahid Hussain of 48, Justice Lal Mohan Das Lane, Dhaka and submitted his report on November 10,1970 stating the opinion that death was caused by drowning and was suicidal in nature. Subsequently, he prepared another post mortem report on the same dead body stating th..Category: Criminal Law | Date: | Hits: 58
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ...... costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......being treated. There is no doubt that there has been clear violation and willful disobedience to the order of the court and we have given our anxious consideration as to how a delinquent of this nature should be dealt with. We have in the past given strictures on the conduct of the officers ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......s also Reported in: 36 DLR (AD) (1984) 97. ......1980. Later, on September 29, 1980 two applications were filed, one under Order 39, rule 1 of the Civil Procedure Code for restraining defendant Nos. 1 to 10 from transferring or changing the nature of the schedule properties and the other was filed under Order 40, rule 1 of the Civil Proce..Category: Property Law | Date: | Hits: 45
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ...... In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......minimum requirement of section 263 or 264 may be considered. When the statutory form which has been mentioned above is analyzed, it appears that the whole emphasis is on the date of the offence and nature of the offence; pleading of the accused and clauses (h) and (i) deal with the case of convi..Category: Criminal Law | Date: | Hits: 41
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......is also Reported in: 36 DLR (AD) (1984) 69. ......dismissed. 5. Leave to appeal was obtained by the defendant-appellant to consider whether the High Court Division has correctly construed the documentary evidence in ascertaining the nature and character of the lands in question and also whether the High Court Division c..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......also Reported in: 36 DLR (AD) (1984) 69. ...... in the case of the Corporation left as office, and in any other case delivered to or left at the officer or place of abode of the person to be sued, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place abode of t..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......e High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... previous one, e.g. where the previous order of dismissal was manifestly illegal or unjust, or it caused miscarriage of justice or it was passed on incomplete record or on misunderstanding of the nature of the complaint or where new facts, which could not, with reasonable diligence, have been ..Category: Criminal Law | Date: | Hits: 79
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ...... In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......urisdiction of a Magistrate under section 145 Cr.P.C. Action can of course be taken always under sections 107 and 151 of the Code of Criminal Procedure to prevent breach of peace in cases of this nature, but no order by a Criminal Court for attachment of the property under section 145 C..Category: Criminal Law | Date: | Hits: 75
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ............ Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Appellant himself knew at the time of appointment to the cadre of E.P.C.S. class II officers from the parent department that he was being app......ssion "temporarily" used in the notification appointing him to the East Pakistan Civil Service does not make him, a temporary officer in that service but conveys the idea of the temporary nature of the service itself. In so thinking about the actual meaning of the expression "temp..Category: Employment/Service Law | Date: | Hits: 105
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......bsp;35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......s created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which pre-emption is claimed can not be gone into and determined in..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......e the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... Dr. Shamsul Haque we find that injury Nos. 1 and 2 are relatable to the oral evidence of PW 2, But the other 4 stabbing, and incised wounds which were mentioned by the Medical Officer are of minor nature and are in the vicinity of injury Nos. 1 and 2 and we are of the view that even in the proce..Category: Criminal Law | Date: | Hits: 58
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......ce under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......ly with the knowledge that the assault made by him was likely to cause death and as such he was liable to be punished under the second part of section 304. He has in this connection referred to the nature of the assault as deposed to by PW 2, death certificate Ext, 3 which speaks of natural deat..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......In all the appeals) Judgment August 1, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants (In all the appeals). ......een done in compliance with the order of the High Court Division. True, no formal statements were asked for from the parties, no evidence was taken and the parties were not formally heard, but the nature of exercise leaves no room for doubt that the High Court Division's order was substantially ..Category: Others | Date: | Hits: 88
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... Present: NIH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Safia Khatun and others......................Appellants. Vs. Amena Khatun being dead her heirs: Ankurornessa alias Tahurunnessa and others..............Respondents Judg......t;after a careful consideration of the facts and circumstances stated above and the frank admission of the learned lawyers for both parties". Thus the lawyer's concession appears to be in the nature of an assurance to the Court in coming to a decision to which it was already inclined. ..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......ent of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ...... eye witness is the case is PW 10 Abdul Mannan who was a labourer in the house of PW 13 Abdul Hakim. His testimony before the Court was that in the night of occurrence he came to answer the call of nature and found three persons to carry another person putting Cloth inside the house of accused Y..Category: Criminal Law | Date: | Hits: 49
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......ongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... injuries each measuring ½" in diameter on the front part of the neck. He opined that the death of the deceased was due to the aforesaid injuries which were ante‑mortem and homicidal in nature and were about 47 or 48 hours old. 14. At the trial the respondents and their father wer..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ...... interfere and shall interfere only on strong grounds, not on mere technicalities. The reasons for not interfering under section 561A will equally apply if it were a revision only. 10. The nature of the Rule issued by the High Court Division may again be noticed. The final order dated 25..Category: Criminal Law | Date: | Hits: 54
Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)
....it develops into an infectious practice we like to nip this unhealthy trend in the bud. The petition is dismissed. Ed. ...... nip this unhealthy trend in the bud. The petition is dismissed. Ed. ...... for consideration and that a criminal proceeding cannot be quashed on this ground. 6. The last point canvassed before the High Court Division was that the liability, if any, was of a civil nature for which no prosecution would lie. Since, according to the petition of complaint, the accus..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......his discretion in granting bail to these appellants in view of the short sentence of imprisonment. Further, it is also the practice of the High Court Division that in case of short sentence of this nature normally bail is granted and we do not find any particular reason for making a departure fro..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ...... was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......or the plaintiff-respondents. At the bottom several questions of considerable importance, not examined by the Bar at all and unfortunately the judgment of the High Court Division is also cryptic in nature. 9. The questions are, what briefly is a patni taluk or howla and what a..Category: Property Law | Date: | Hits: 28
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