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Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......984. The Evidence Act , 1872(1 of 1872), Section 145 The Penal Code, 1860 (XLV of 1860),Sections 34, 147, 149 and 436 The basis of constructive guilt under section 149 is mere membership of an unlawful assembly; the basis of the offence under section 34 is participation in a......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......ficer; (c) When he voluntarily abandons his residence making any arrangement for payment of the rent as it falls due and ceases to cultivate his holding either by himself or by members of his family or by or with the aid of, servants or labourers or with the aid of partners......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ...... 2. The appellant was appointed mutawalli of the Bhatipara Waqf Estate—E.C. No 11917—and he has been performing his duties as such since 30 April 1974. Three beneficiaries and one member of the public filed a petition against him on 23 November 1981 before the Administrator brin......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......rishana Moni Devi, defendant No. 2, but he did not consider her to be the proper person to look after his property on his death. On 3 November 1963 Haricharan Nath executed the will in presence of members of the locality, both Hindus and Muslims, by putting his left thumb impressions on the docu......eir presence. They are P.W. 1 Paresh, the profounder, P.W. 2 Chandra Shekhar Majumder, the scribe, P.W. 3 Hare Krishna Devnath, a relation of the testator and P.W. 4 Abdul Huq, member of the Local Union Council. Their uniform evidence is that at the instance of Haricharan they and some other mem......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ..Category: Property Law | Date: | Hits: 118
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....e of Tk. 1000/-, in default, to further rigorous imprisonment for three months. 3. Petitioner who is an M.B.B.S. was a Demonstrator in the Dhaka Medical College Hospital in 1970. He held a post mortem examination on the dead body of Nurjahan Begum @ Sultan Begum, wife of Sk. Zahid Hussai......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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 58
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. ......es was passed. 4. So far as the prayer for appointment of receiver was concerned, respondent No. 1 expressed grievance that after the death of their father in 1954, appellant No. 1 as male member and also his guardian took charge of schedules 1 and 2 properties, did not pay anything to t......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. ......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. ..Category: Property Law | Date: | Hits: 45
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....g upon him and that he had been still in service. 2. Facts as stated in the plaint are that the plaintiff-respondent was appointed as L.D.C. on December 18, 1965 and promoted to the higher post of Clerk-cum-Store-Keeper on September 1, 1966. On January 12, 1978 he was again promoted to t......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. ......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. ......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. ..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. ......l parties came to a clash in a place called Jogini Hatkhola in the district of Tangail. In that incident one Kallyan Behari Das received dagger blows to which he immediately succumbed. He was a member of the procession brought out by the supporters of the Presidential candidate, Dr. Kamal Ho......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. ......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. ..Category: Criminal Law | Date: | Hits: 79
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....peal No. 128 of 1973 on March 12, 1981. 2. The appellant filed Title Suit No. 12 of 1970 in the court of Subordinate Judge, Dhaka for a declaration that the order of reversion to his former post was malafide, illegal and without lawful authority and for realisation of arrear salary, what ......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." ......67 Dacca 820; Mokhtar Ahmed Vs. Mohammad Hossain, PLD 1955 (Sind) 70; Abdul Majid Sk. Vs Mushafee Ahmed 17 DLR (SC) 63 = PLD 1965, SC. 208; Golam Sarwar Vs Pakistan, PLD 1962 SC 142; PL Dhingra Vs Union of India, PLD 1958, SC (Ind.) 217. Lawyers Involved: Moinul Hossain, Advocate ......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." ..Category: Employment/Service Law | Date: | Hits: 105
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....er seizure list witness. PW 13 Sub‑Inspector Kazi Anwarul Islam recorded the First Information Report. PW 14 Dr. Md. Shamsul Haque, the Resident Medical Officer of Pabna Sadar Hospital held post mortem examination on the dead body of deceased Dilara and found the following injuries: ...... 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. ......nt at the time of inquest of the dead body of Dilara. PW 16 Ayub Ali was tendered by the prosecution and defence did not cross‑examine him. PW 17 Md. Nurul Islam is the Chairman of Maligacha Union Parishad who testified that on the next day of occurrence in the evening he went to the house......the time of inquest of the dead body of Dilara. PW 16 Ayub Ali was tendered by the prosecution and defence did not cross‑examine him. PW 17 Md. Nurul Islam is the Chairman of Maligacha Union Parishad who testified that on the next day of occurrence in the evening he went to the house of th..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....nter opor goruri vabe proyojoniyo babostha nin. Thikadarer pawna porishod kora dorker. Meramot khat hoyte uha porishod korun. Aponer office e ato deri hiylo kano protgibedon din. Shakhor/-osposto 3-5-88 otirikto prodhan prokowsholi” 13. The note shows that the A...... 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. ...... 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. ...... 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. ..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. ......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. ......al Court also accepted the plaintiffs' case that the brothers had separated in 1329 BS not in 1308 BS as contended by the defendants. The trial Court noticed Ext. 11 the Assessment Register of the Union Board and found that the assessment in 1328 BS was made in the name of Mali Miah alone and th......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. ..Category: Property Law | Date: | Hits: 28
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....went there and saw the dead body of deceased Khairul Alam in the mustard field. PW 13 Kashem and PW 19 Shahabuddin Ahmed wrote a petition (Ext. 2) and filed the same at Sindhiaghat floating police outpost. PW 22 Sub-Inspector Atior Rahman, attached to Sindhiaghat police outpost received the petition...... 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. ...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....nd to the question of limitation before dealing with the proceeding on merits." 7. The respondents, on the other hand, contend that section 5 of the Limitation Act itself does not postulate making of a separate and independent application for condonation of delay. In support of ......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....ot see anyone to kill Halima and that an UD case had already been started. PW 12 the Sub‑Inspector of Police came to the house of the accused persons and held inquest on the dead body of Halima. On post-mortem examination of the dead body PW 11, Dr. Md. Hafizur Rahman found ecchymosis on various p......r himself to uphold his conviction by the High Court Division as this accused did not challenge this document when he was confronted under section 342 of the Code of Criminal Procedure. It is to be remembered that exhibit 6 was voluntarily made by Mujibur Rahman when he was not an accused in the cas......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. ......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. ..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
...., which was filed by the respondent before us. 2. The respondent, Mohammad Sanaullah, was first appointed as an ordinary employee in the Nishat Jute Mills Ltd. in 1962 and he was promoted to the post of Assistant Production Officer on 1 July 1982. While he was serving as such in this Mill the C......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....y i.e. 31.3.70. Inquest of the dead body was held in the Hospital by S.I. Nurul Hoq (P.W.1) and then the body was sent to Morgue for Post-mortem examination. Doctor Abdul Momin Chowdhury (P.W.3) held post-mortem examination of the deceased and found as many as 15 incised wounds on his person, three ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
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 ......hat in mouza Mukhi P.S. Gaffargaon there is a Mazar or Dargah of Late Hazrat Miskin Shah. There was a managing Committee for the Mazar of which Firoze Shah Fakir 70 (Deceased) and accused Sorhab were members. The latter is an agnatic cousin of the deceased Firoze Shah Fakir. Fakir was also a 'Khadem......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 ......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 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......informant in sessions case No.5 of 1987. 3. The background of the two cases, briefly, is that J.M.Iqbal @ Bachhu Haider, and accused in case no.4 of 1988, was elected chairman of Dighirpar Union Parishad in 1985. The rival party in the election was that of Zaglul Haldar alias Bhulu. The bittern..Category: Criminal Law | Date: | Hits: 48
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......................................Petitioner Vs. Haji Monwaruddin Ahmed & ors.........Respondents Judgment July 4, 1988 Civil Petition For Special Leave to Appeal No. 102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Practice and Procedure A suit and the writ peti................................Petitioner Vs. Haji Monwaruddin Ahmed & ors.........Respondents Judgment July 4, 1988 Civil Petition For Special Leave to Appeal No. 102 of 1988 The Union Parishads (Election) Rules, 1983, Rule 70 Practice and Procedure A suit and the writ petition o..Category: Election Law | Date: | Hits: 126
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