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....eded a firearm and obÂtained a license for a revolver from the Deputy Commissioner, Khulna in 1970 and it was renewed every year up to 31.12.85.
3. A notice dated 30.1.85 issued by the officer in charge Fakirhat P.S.(Respondent No. 4) was served at the appellant’s village home at Attaka (he is......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
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Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....ts. On the conclusion of such enquiry the next step is given by section 135 which says "if after such inquiry as may be necessary, the Government is of the opinion that (a) Paurashava is unable to discharge or persistently fails in discharging its duties, or (b) is unable to administer its affairs o......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. ..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....g Surendra Nath lodged F.I.R. at Abhoynagore P.S. and following Police investigaÂtion 22 accused persons including the appellants were sent to the court of Session for trial. 3. There were common charges under section 148, 302/34 Penal Code against all the accused. Some were further charged unde......mar Kumar Thakur to cause the death of Nanda Lal; rather the evidence shows that it was Amar's individual act which caused the death of Nanda Lal. From the facts proved neither common inÂtention nor abetment on the part of appellants 2-4 to kill Nanda Lal, it is submitted, can be reasonably inferre..Category: Criminal Law | Date: | Hits: 80
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....axmi Rani was missing since the next morning. P.W. 2 stayed the night in Baliadanga and on the following day i.e. 21.12.84 went to Baghar Para P.S. He gave the aforesaid information to the Officer in-charge (P.W.1) stating further that he suspected that the apÂpellant had killed and or concealed hi......onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..Category: Criminal Law | Date: | Hits: 61
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....n 339C, Cr.P.C., is well founded in law. 2. Facts necessary for disposal of this appeal are that on a first information report lodged on 9 May 1983 the police investigated the case and subÂmitted charge-sheet on 16 June 1983, under sections 302/34 of the Penal Code, against accused respondent an......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....d 2 February 1986 summarily rejecting their application under section 561 A, Crl.P.C.for quashing the proceedings in Sessions Trial Case No.29 of 1985, Noakhali. The petitioners are facing trial on a charge of murder in the said proceedings. They alleged that the trial was not concluded within the s......referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ..Category: Criminal Law | Date: | Hits: 52
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....us and locus standi of the plaintiff’s society by the Government of Bangladesh. 7. As has been noticed the Lodge Dhaka was renamed as Dhaka Lodge in December 1972 and one Dr. B.K. Sen Gupta look charge of Dhaka Lodge in August, 976. 8. The Government took the stand that the suit property was......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 ..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....and an altercation followed; that at that time other accused came there and all of them dragged Azizur Rahman inside the house of the appellant: that at the order of Abdul Ali( since acquitted of the charge of murder) the appellant dealt a dagger blow on the left abdomen of Azizur Rahman and on alar......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. ..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....case of Abdus Salam Master 36 DLR (AD) 58 the High Court Division refused to quash the proceeding and this Court came to the conclusion that there was nothing illegal. In that case the accused was discharged after final report but a Naraji petition and a fresh complaint was filed before the Magistra......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... respondent from service under the Employment of Labour (Standing Orders) Act, 1965, (hereinafter referred to as the "Act"). 2. Allegation against the plaintiff-respondent was that while he was in charge of the Mills' Store, he, along with the Store Clerk, Yar Ahmed misappropriated 138 Ring Trave...... 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 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....09 Penal Code. 2. The appellants along with forty (40) others were put on trial before the Additional Sessions Judge, Rajshahi. Forty two (42) accused persons including the present appellants were charged under section 148, 364/149 and 302/149 Penal Code and six (6) others including one Musa Sark......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. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....nment under section 3(1)of the Enemy Property(Continuance of Emergency Provision) (Repeal) Ordinance, 1974 (Ordinance IV of 1974). It provided in Part III "that the vested property shall be under the charge of a Committee and the Committee shall take such measures as may be necessary for the good ma......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....d first to the Pabna Hospital and from there to Rajshahi Medical College Hospital for treatment, but he succumbed to the injuries two days later. The respondents and two others were put on trial on a charge of murder committed by them in furtherance of their common intention. They pleaded not guilty......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....recorded at about 10-30 P. M. that very night, that is, within two hours of the time of the incident. The police investigated the case and prosecuted six persons including these three appellants on charge of murder before the Additional Sessions Judge. 3. The prosecution examined 19 witn...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....lacement by a conviction is possible only if the Supreme Court be satisfied independently that evidence in the case wag in quality and quantity adequate to support the conviction of the offence charged.'' 3. The prosecution case is that on 12-7-72 the house of Khijir, one of the th......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....jected the reference for confirmaÂtion of sentence of death of accused No. 1 and allowed the appeal after setting aside the conÂviction and sentence of both the appellants and acquitted them of the charges under secÂtion 302, 201 and 202 B.P.C. 2. The prosecution case was that on 30th April, 1......tly tried and "the Court may take into consideration such confession as against such other person as well as against the person who makes such confession." The explanation says offence inÂcludes the abetment of or attempt to commit the offence. 22. It is unnecessary to go into long line of decis..Category: Criminal Law | Date: | Hits: 124
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....oresaid circumstances. Benefit o doubt, therefore, goes to the appellants. Hence we set aside the impugned order of conviction and allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....ersaud Panday V. Nissunat Babooee Humraj Knonworee (1956) 6 Moo Ind. App. 393 (PC) at page 423 Lord Justice Knight Bruce observed: "The power of the manager for an infant heir to charge an estate not his own Is. under the Hindu Law, a limited and qualified power. It can only b......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....i registered the same after filling up the F.I.R. form on the same date. 5. P.W. 7 Abdul Wahab Khan held inÂquest on the dead body of Idris Miah After completion of investigation police submitted charge sheet against the accused persons under sections 302/34 and 449/34 of the Penal Code. The acc......nts is set aside and all of them are acquitted 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: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....ards their villÂage home and in consequence of the assault Nurul Islam, husband of the appellant died. First information report was lodged on the same day. The police after investigation subÂmitted charge-sheet under section 302/34 of the Penal Code and it was numbered as S.T. Case No. 232 of 1983......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ..Category: Criminal Law | Date: | Hits: 38
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