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Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ...... others present in the place of occurrence, PW 6, father of the deceased, PW 7 brother of the deceased and PWs 8 and 10 immediately came to the place of occurrence and saw the taking away of the dead body. The accused persons fled away and the dead body was subsequently recovered from the jungle beh..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....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 ......ition of Shamser Ali was grave and he was sent to Mymenshingh Medical College for better treatment. He, however, succumbed to his injuries there on the following day 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 Pos..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......state Anwar and Sultan had assaulted Majid in their house. P.W.3, though stated that Anwar and Sultan gave lathi blows to Majid one each, the evidence of P.W.12 who had held autopsy on Majid's dead body, found only one injury on the dead body. Defence suggestion is that these witnesses, mother and..Category: Criminal Law | Date: | Hits: 53
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......irpar Union Board, at that time fighting was about to ensue between the men of Zaglul Haider and J.M. Iqbal. It was alleged that Mobarak Haider shot at Nur Mohammad and he fell down whereupon his body was taken away. The dead body of Nur Mohammad could not be recovered. The information of Amir H..Category: Criminal Law | Date: | Hits: 48
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......s. Had they taken any such plea the kabala land could be relayed but since there was no dispute with regard to the suit land no relayment was done. As regards structures there is clear recital in the body of the kabalas which was noticed by the Subordinate Judge himself. Thus the finding of the Subo..Category: Tenancy Law | Date: | Hits: 106
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....peaceful, that 4 to 5 cocktails were exploded in the Polling-Station causing alarm among the voters, but he could not adjourn or discontinue the polling because of pressure exerted upon him by some local influential persons. It clearly appears that conflicting opinions are there whether election w......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 ..Category: Election Law | Date: | Hits: 126
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....ges in terms of the licence. Each of the appellant's grievances is that his licence was arbitrarily cancelled without giving any notice to him and that the licence was given to respondent No.5, the local Mukhtijoddha Sangsad, though that Sangsad never participated in the auction. 3. The case......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....Function of the Executing Court is strictly limited to execution of the decree as it is. It appears that after the preliminary decree was passed an Advocate Commissioner appointed by the Court made local investigation but the judgment-debtor did not co-operate with him, that the Advocate Commissio......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ......and killed by a bus carrying some, picnickers near Premkanan Road, Daulatpur, and Khulna on 13.8.85. It was alleged that the appellant was one of the passengers of the said bus who picked up the dead body of the victim boy and left it abandoned by the road side near Noapara, Meherpur. 4. The accu..Category: Criminal Law | Date: | Hits: 56
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 ......ctor(P.W. 8) stated anything about any exit wound which was bound to be there in case of a gunshot murder. He also submitted that there is no evidence that any bullet or pellet was found inside the body of the deceased which makes the story of killing by gunfire doubtful. The arguments of Mr. Fa..Category: Criminal Law | Date: | Hits: 32
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....rned brother A.T.M. Afzal, J. 3. The fact need not be restated because in the judgment of Afzal, J. it has been given fully. The learned Sessions Judge had noticed that 2 influential groups of the locality were involved in this case and the accused belonged to the party of the sitting Chairman ac...... related to the principal character on the prosecution side namely, Mominul Huq. 19. In course of cross-examination of the prosecution witnesses, particularly P.W. 2 Mominul fence suggested that nobody could recognize the miscreants who had allegedly hurled bombs in the night of occurrence and ou..Category: Criminal Law | Date: | Hits: 61
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 ......r of articles worth Tk.5, 00/- and in that connection when resistance was offered a free-fight took place between the panics during which the deceased Wayezuddin received the fatal blow from whom nobody knew. On consideration of the evidence the trial Court convicted the appellant Bandez Ali and..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....ime being in force or in any entry made in the record-of-rights last prepared and finally published under Chapter X of the Bengal Tenancy Act, 1885, all lands in any district or part of a district or local area in respect of which a record-of-rights is prepared or revised under this Chapter shall ...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
....nt's license for revolver and confiscating the same.
2. Appellant has been elected chairman of Fakirhat Upazila Parishad, District Bagerhat in the election held on 16.5.85. He is a leader of the local Awami League, has been involved in political and social works for a long time, was elected mem......as not even heard before the decision was taken.
18. "No one should be condemned unheard," is a settled principle of law which is embodied in the maxim audi alteram partem. Whenever any person, or body of persons, the Supreme Court of Pakistan says in the Dhaka University Case, is empowered to ta..
Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter Ahmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
....that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....t-in-opposition and in paragraph 6 it was mentioned that though the petitioner undertook some development works "but those were not upto the mark of satisfaction of the department as well as of the local people". In paragraph 11 it is mentioned that the enquiry committee was set up "to enquire......cted commissioner or the Chairman himself do come within the mischief of law then the necessary steps can be taken for his removal which is authorised by law. But certainly the Paurashava a corporate body which is elected by direct adult franchise cannot be superseded without giving an opportunity o..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... Nath Thakur, Natabar Thakur and Profulla Kumar Thakur and Nanda Lal died on the spot. This occurrence took place under somewhat fortuitous circumstances. It was festival night, apparently of the local Hindus- they call it "Garshi festival"; some boys of the village including Amalendu Biswas (...... and at that time Amar Thakur struck Nanda Lal on the left side of his abdomen with a dagger. P.W. 1 in his evidence in court also does not say that appellant 2-4 passed order to kill Nanda Lai or anybody else. Mr. Serajul Huq, it seems, rightly argued that there must have been some sort of a slog..Category: Criminal Law | Date: | Hits: 80
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. ......ght based on a custom that was otherwise reasonable at its inception, if it places an unusual and unjust burden on some individuals for benefit of others. It appears that the plaintiffs a fluctuating body of persons were used to graze their cattle on the low waste, land only in dry season for 4 or 5..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......860), Section 302 FIR is not a piece of substantive evidence but may be used for corroborating or contradicting the maker only. omission in the FIR of the fact leading to recovery of the dead body, could not be a reason for discarding the evidence of the witnesses on that point nor the same ..Category: Criminal Law | Date: | Hits: 61
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ......sy. As for the other questions whether the parties should be governed by principles of equity, justice and good conscience they do not merit consideration because here there was no controversy and no body had alleged anything to the contrary. As it has been noticed that the plaintiff and the defenda..Category: Property Law | Date: | Hits: 32
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