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The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)

....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......ent for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......, blood clots tinder the injured areas and inside the skull. According to him the death was due to shock and hemorrhage as a result of the aforesaid injuries which were ante‑mortem and homicidal in nature. On 15.9.81 PW 5 Mozaffar Hossain Mondal, brother of the deceased, filed a petition of compla..

Category: Criminal Law | Date: | Hits: 49

Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)

....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......ined. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......er the finding, maintaining the sentence, or, with or without altering the finding reduce the sentence, or, (3) with or without such reduction and with or without altering the finding alter the nature of the sentence, but, subject to the provi­sions of section106, sub-section (3), not so as..

Category: Criminal Law | Date: | Hits: 55

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......e impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......nverted margin found on the body of the deceased gave the opinion that death was due to shock and haemorrhage as a result of the "above-noted firearm injuries "which were ante mortem and homicidal in nature". The doctor was not asked any question about the said opinion nor any question as to any exi..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

....ument is produced or giv­en in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ...... intent, keep­ing in view the statutory scheme and the pur­pose and object of enacting the prohibition contained in section 195(1)(c).....The offence covered by section 471 I.P.C. from its very nature must be com­mitted in the proceeding itself by a party there­to......It is only with resp..

Category: Criminal Law | Date: | Hits: 63

M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)

....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......se is also Reported in: 40 DLR (AD) (1988) 206. ......ppeal before us should be allowed. 21. As to Civil Appeal Nos. 10 and 11 of 1987, though we are not interfering with the impugned or­ders of provisional removal, now made final, we find that the nature of allegations against the appellants, though found established by the Corporation, does not ..

Category: Employment/Service Law | Date: | Hits: 112

The Province of East Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

....of which this appeal has arisen stands abated with ef­fect from 11th September 1982. There will, howev­er, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ...... as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......2) does not indicate that the suit from which an appeal is pending has not been intended to abate the very object and purpose of the Ordinance would stand defeated, if it is held that the suit of the nature mentioned in the Ordinance shall not abate, though an appeal is pending against it before any..

Category: Property Law | Date: | Hits: 63

Bandez Ali Vs. The State, 1988, 17 CLC (AD)

....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......ous imprisonment for ten years. Subject to this modification, the appeal is dis­missed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ...... of any appeal. 3. Mr. S.M. Hussain, Learned Advocate for the appellant Bandez All, has concentrated his argu­ments on the propriety of the conviction for "murder" only. He has contended that the nature of the injuries found in the dead body of Wayezuddin, the weapon used and the circumstances o..

Category: Criminal Law | Date: | Hits: 67

Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)

....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ...... as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ......e in­voked. The constitutional mandate is that a writ ju­risdiction can be invoked if the High Court Division is satisfied "that no other equally efficacious remedy is provided by law." What is the nature of the pro­ceeding in the instant case. It was a proceeding under section 145 Cr.P.C. In the..

Category: Constitutional Law | Date: | Hits: 174

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal ef­fect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ......without lawful authority and is of no legal ef­fect. There will be no order as to costs Ed. This Case is also Reported in: 40 DLR (AD) (1988) 170. ......cel his license was taken the High Court Division took the view that there is no such requirement under the Arms Act nor can such a re­quirement be imported into the statute because of the sensitive nature of the subject matter. This view seems to find support from some decisions in the In­dian Ju..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)

....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......hout any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......ts of the police report which was meant more for the use of the authority in mak­ing or refusing a grant than for the use of the several applications or any one of them. In other words, it is in the nature of information supplied by the po­lice in order to assist the authority in making up its min..

Category: Election Law | Date: | Hits: 118

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......intiff according to law and in the light of the ob­servation made above." 5. Leave was granted to consider whether the approach that was made by the High Court Division was correct in view of the nature of the suit and the contention that even if any area is lo be excluded that could be done in ..

Category: Property Law | Date: | Hits: 45

Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)

....s do not call for any modification by way of allowing the plain­tiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ...... appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......t decree in the circumstances of the case. In support of this submission reliance is placed on Bholanath Nandi and others, vs. Midnapore Zemindary Company Limited and six others [1904] 31 LA. 75. The nature and extent of the customary right of pasturage came up first for consideration in that case. ..

Category: Civil Law | Date: | Hits: 113

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......wever, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......s abandoned property. The learned Judges themselves have found that a non-national possessed property in this country and that has not been challenged by the Government. Hence the question was to the nature of the property of the respondent, namely, whether it was abandoned property or not. Since th..

Category: Immigration and Citizenship Law | Date: | Hits: 214

The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)

....k that this finding is perverse or against any evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......y evi­dence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......t their witnessing the occurrence, the confessional statements of the two accused having not been recorded by the Magistrate in accordance with the requirements of law, and not being incriminating in nature, the extra-judicial confession made by one of the accused to the villagers and chairman not b..

Category: Criminal Law | Date: | Hits: 45

Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)

....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respon­dents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......f the respon­dents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......the appellants might have failed to examine any witness, want of proper advice it is said, in support of their case, Court should have in­tervened, either in appeal or revision, having regard to the nature of the suit, to allow the appellants a turn for examining their witness for the purpose of co..

Category: Property Law | Date: | Hits: 34

Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)

....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ....... There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......odge Dhaka. In other words, the plaintiff society has no locus standi since it is not the original lessee. 9. On appeal the High Court Division took the view that the trial Court misconceived the nature and the scope of claim in the suits and concluded by saying: "In the absence of any e..

Category: Property Law | Date: | Hits: 39

Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)

....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......ability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......on 4 read with the Evidence Act (I of 1872) Section 105 The Penal Code, 1860 (XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim, theref..

Category: Criminal Law | Date: | Hits: 52

Mozher Sawdagar Vs. M. Zahirul Alam, General Manager, BD Shipping Corporation & others, 1988, 17 CLC (AD)

.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ......87 is vacated. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29. ...... Sons at Tk. 2.4105 crores, (3) M/s. Rahman Ship Breakers at Tk. 2.36 crores and (4) Siddique Ahmed Sowdagar at Tk. 2.38 crores. Against their names and offers these tenderers put their respective signatures. Offer of No. 2 M/s. Joinal & Sons, though highest, was held invalid by the Tender Commi..

Category: Business or Commercial Law | Date: | Hits: 95

Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)

.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......rent grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......1965), Sections 17 and 25 The Specific Relief Act, 1877 (I of 1877), section 42 (i) Mere designation is not sufficient to indicate whether a person is a 'worker' or an 'employer', but it is the nature of the work, showing the extent of his authority, which determines whether he is a worker or ..

Category: Labour and Industrial Law | Date: | Hits: 122

Jamal and others Vs. The State, 1987, 16 CLC (AD)

....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......cquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......amination. Dr. A.K.S. Karim (P.W. 5) held the postmortem examination, found several cut injuries on the person of the deceased and gave the opinion that the injuries were ante mortem and homicidal in nature. 6. Eighteen witnesses were examined at the trial in support of the prosecution case. But ..

Category: Criminal Law | Date: | Hits: 55