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Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....ry nor paid any rent the borgader’s claim of possession on behalf of the owner fell through. He resisted the plaintiffs' possession for a time and the plaintiffs unsuccessfully brought a criminal proceeding against him under section 144 Cr.P.C. It is at this stage that defendant Nos.1 ......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. .....................Respondents Judgment March 24, 1985. The Bengal Tenancy Act, 1885 (Act No. VIII of 1885), section 87 The landlord is entitled to treat the land in possession of the tenant as abandoned when the tenant failed to pay rent thereof. ..Category: Property Law | Date: | Hits: 32
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....d upon the parties to show cause within two weeks as to why our judgment (dated 13.7.82) should not be reviewed." 2. This notice was issued not on the prayer of any of the parties in the aforesaid criminal miscellaneous petition, but was made suo motu by this Court having heard grievances of bo...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......tion, it cannot be negatived if the Court wants to exercise this power on its own ………..(40) The expressions “doing complete justice” as occurring in Article 4 of the Constitution are of great significance. Their importance cannot be whittled down. Nor can the Court give up even a fracti..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......In the morning of 19 December 1978 the dead body of Rahim Farazi was found hanging from a Mandar tree near the house of accused-appellant Amir Hossain, a neighbour of Sattar Mir Immediately thereafter Sattar Mir lodged a First Information Report with the Galachipa Police Station Mating that ..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......6.84 the Superintendent of Drug lodged First Information Report before the Kushtia Police Station and On the basis of which the aforesaid case was started under section 6 of the Drug Ordinance read with under section 156 (89) Customs Act and section 16 Special Powers Act and sections 275/420..Category: Criminal Law | Date: | Hits: 59
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......es and the evidence of the doctor holding authority on the dead body of the victim on certain point is an irritating question but the Court can prefer the evidence of the eye-witness if there be no reasonable ground to disbelieve the eye-witness. Conviction in the absence of charge ..Category: Criminal Law | Date: | Hits: 57
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... term not exceeding six months in any other case." It should be noted here that this scale fixing limits of the terms of imprisonment is binding upon all Courts trying a criminal case— High Court Division, Sessions Judge, Assistant Sessions Judge or Magistra...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......shem and nine others were drinking and shouting in the hut of one of them at about 8.30 P.M. The police arrested them in that condition and submitted a report alleging that by such shouting, screaming and menacing gestures, they obstructed and annoyed passengers in the street, and in due co..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......jury was detected by the relatives of the deceased they suspected that the death caused was an unnatural one and a case being unnatural Death Case No.113 dated 5.9.77 was started by the Police. Thereafter on receipt of the post mortem examination report wherein the Doctor opined that the death w..Category: Criminal Law | Date: | Hits: 52
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......nd submit report. In the meantime, the magistrate also directed the parties to maintain status-quo in respect of possession in the disputed land and also to submit bonds ensuring peace in the area. 3. Being aggrieved, the petitioner moved the High Court Division under Section 561A of ..Category: Criminal Law | Date: | Hits: 45
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ......gh Court Division in Criminal Miscellaneous Case No. 4612 of 2004 discharging the Rule and thereby vacating the order of stay of all further proceedings of G.R. Case No. 1289(2)03 arising out of Mymensingh Kotwali Police Station Case No.30 dated 11.12.2003 under Sections 341/386/313/34 of the Pe......ged against the petitioners and others which was granted on 06.07.2004 2. The facts leading to the leave petition are that the respondent No. 1 filed a petition of complaint which was treated as First Information Report stating, inter alia, that the occurrence took place on 18.11.199..Category: Criminal Law | Date: | Hits: 45
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....ase No. 50 of 2003 of the court of learned session Judge, Chittagong arising out of Fatikchari Police station Case No. 3 dated 06.04.1998 corresponding to G.R. Case No.39 of 1998 rejecting the criminal reference and dismissing the criminal appeal with modification altering death sentence to ......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ...... middle of his back, one the night following 05.04.1998 the terrorist killed his son Md. Zafar by inflicting injuries and causing wounds on his body by sharp cutting weapon and fire arm and thereafter they threw the dead body of his son on the road of the embankment of Rangamati Kalapani Bee..Category: Criminal Law | Date: | Hits: 35
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....s of Court; that he has no connection in obtaining the decree through Court for which the instant proceeding against the petitioner is liable to be quashed; that this is a case of civil nature and criminal case will not lie in criminal Court and the learned Court below illegally framed charge un......llip;……………………………Accused-Petitioner (on bail) Vs. The State, represented by the Deputy Commissioner, Mymensingh and Others …………Respondents Judgment April 17, 20......der Section 561A of the Code of Criminal Procedure for quashing the proceeding of Special Case No. 1 of 2001 of Kotwali P.S. Case No. 19(11) of 1994 under Section 420/406/210/109 of the Penal Code read with section 5(2) of the Anti-Corruption Act, II of 1947 now pending before the Special Judge,..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......ndent. 2. Prosecution case, in brief, is that on the night following 19.09.1998 Mozammel Huq alias Kakor was returning from the market after purchasing two heads of cattle. When he reached a field at a place called Nailapukur for Barinda Mouza, he was attacked by the condemned p..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....d by the trial court the accused respondents filed Jail Appeal No. 64 of 2003 and Criminal Appeal No. 820 of 2003. Thereafter a Division Bench of the High Court Division after hearing the aforesaid criminal appeal, jail appeal together with the death reference dismissed the appeals and rejec......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......g near the latrine wit bleeding injuries. Many other neighboring people assembled there to whom the accused Nazma, wife of deceased Sudhan Mia, disclosed that Sudhan Mia was murdered by unknown miscreants while went out of the room to respondent to the call of nature. People suspected accuse Jal..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ...... region of the victim and the bhela blow inflected by the petitioner No.2 caused incised wound in the medical aspect of and middle part of left thigh of the victim and the defence failed to create any crack in their evidence and the evidence of the doctor P.W. 1 showed that the victim..Category: Criminal Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....eath Reference No. 161 of 2003 heard with Criminal Appeal No. 1074 of 2004 and Jail Appeal No. 860 of 2003. 2. The short facts giving rise to civil petitions are as under: - This criminal appeal, at the instance of the appellants Chan Miah and Bashir Miah is directed against th......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......ese three are the product of same judgment, under reference. 3. The deceased Sohel, accused Chan Miah and Bashir Miah of 53, East Hazi para under Badda Police Station of Dhaka Metropolitan Area were jointly running Thai Alumunium business for a considerable period. The deceased victim is ..Category: Criminal Law | Date: | Hits: 41
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... if any, against the proceeding pending before the competent Court of Criminal Jurisdiction. 6. The learned Advocate further submitted that High Court Division being a superior Court disposed of a criminal matter in a writ jurisdiction in absence of the lower Court records and declared the convic...... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......ion of criminal proceeding against the respondent No.1-writ-petitioner was unwarranted, uncalled for and malafide; that in the reports dated 20.07.1997 and 31.01.2003 submitted by the erstwhile Bureau of Anti-Corruption after two investigation and the report dated 27.08.2007 submitted by the inf..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256....... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......it will appear from the cause title of the present memorandum of the present appeal, this appeal is also for the purpose of offering unconditional apology and for reiterating the offer of apology already sought before the High Court Division by way filing review petition. Mr. Islam next submits th..Category: Criminal Law | Date: | Hits: 51
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ...... 9. An amendment may be allowed at any stage of the proceeding to alter or amend the pleading in such manner and on such terms as may be just and necessary for the purpose of determining the real question in controversy between the parties. The trial Court disallowed part of the prayer for ..Category: Procedural Law | Date: | Hits: 38
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....e case whereupon the C.I.D. took up investigation as per F.I.R. lodged by the plaintiff. One Ohid and Altaf were arrested. They made confessional statements admitting the commission of dacoity. The criminal case, being Sessions Case No. 303 of 1983, however ended in an acquittal of the accused p......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ......n 1979 he was transferred to the TCB Office at Khulna. In the night following 8-11-81 there was a dacoity in the TCB godown No. 1 whereby 112 cartons of DANO milk food were looted away by miscreants after overpowering the night guards on duty. Night guard Abul Kashem made a G.D. Entry at Da..Category: Employment/Service Law | Date: | Hits: 69
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....mant, moved the High Court Division under section 439 of the Code of Criminal Procedure and obtained rule in Criminal Revision no. 1448 of 1995 against the said order of acquittal. Ultimately this criminal revisions was heard along with Criminal Appeal no. 1045 of 1995 filed by said convict Abul......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ......d afresh after serving proper notice upon Hezera Khatun, the opposite party no. 1, of said Criminal Revision no. 128 of 1999. Ed. This Case is also Reported in: II ADC (2005) 172. ..Category: Criminal Law | Date: | Hits: 42
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