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Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....hat the victim became angry and slapped the condemned prisoner and also pressed her neck, that said behaviour of the victim made the condemned prisoner furious, that the condemned prisoner tied the hands of the victim and sat on the chest of the victim and pushed cloth inside the mouth of the vi......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....tion was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 53 DLR (AD) 55; 47 DLR (AD) 71. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
.... immediately. Ed. ......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on -Record...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....third person and the loss if any must fall on one whose conduct made possible the wrong‑doer's act. 10. Mr. A J Mohammad Ali, learned Counsel for the respondents, submits on the other hand that the appellant is not as innocent as he pleads as is borne out of the records. He had also......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the accused an opportunity to defend himself witnesses should be examined in his presence and he should be allowed to cross‑examine the witnesses. 5. Mr. Khalilur Rahman, on the other hand, as examined that after two Preliminary enquiries, a thorough enquiry was held by a Committee ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
.... Dr. Rafiqur Rahman Senior Advocate instructed by Miah A Gafur, Advocate-on-record - For the Respondent No. 1 in CA No. 61/90 & for the appellant in CA 68/90. Ranesh Chandra Maitra, Advocate-on-Record (absent) - For the Respondent No. 4 in CA No. 68/90. ......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha Begum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others…………………… Respondents Judgment April 23, 1992. Lawyers Involv......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....) shows that the injuries were mainly multiple swelling with ecchymosis on various parts of the body of the victims. Alleged penetrating wound on the scalp of Montajuddin and fracture of the right hand of Shahajuddin which he described as grievous cannot be accepted in the absence of proper evid......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....on the scene, Zaker Super Market, being armed with a pistol and accompanied by an armed body of goondas and was about to start demolishing the shops. At that time the appellant ran to the spot and handed over a copy of the status quo order to the Chairman, Awlad Hossain. The latter read the stat......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 79
....ase of the land had expired on 31.3.86 and that it had not been renewed and directing the appellant to remove by 22.6.88 all the goods and machineries of the drums factory from the leasehold land for handing over the same to the Works Ministry. By a further Notice dated 18.6.88 (Annexure 'B' to the ......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
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Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....ck to the date of agreement of the bainapatra which does not convey any title in favour of the promisee. 11. Dr. Kamal Hossain, learned Counsel for the defendant‑respondent, submits on the other hand, that this Court had thought fit to give an extended and liberal application of section 47 whic...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ..Category: Property Law | Date: | Hits: 73
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....n this case, evidence of PWs 2 and 3 shows that both the dead bodies of persons, who were antagonistic to each other, were found together in close proximity in or near the boro field. On the other hand, there is nothing to support the defence version of the case that Idris Fakir had been killed ......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....duct of the landlord, namely, the settlement with proforma‑defendant Nos. 21‑30 stand proved by the pattas Ext.5 series, Touzi Ext. 3 series and Bakijai Ext. 4 series, which are in the handwriting of Badruddoza Chowdhury. The lower appellate Court held that from the evidence of the p......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....l should not proceed to the peril and prejudice of the petitioner pending disposal of the money suit. We are told that the petitioner has not yet riled his written statement in the suit. On the other hand, he produced considerable evidence at the trial. It will not therefore, be wrong to say that th......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....tan Vs. Mrs. AV Issacs 22 DLR (SC) 371; United Provinces Vs. Atiqua Begum AIR 1941 FC 16; JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2); State of Bihar Vs. Kameshwar Singh, AIR 1952(SC) 252; Chandra Mohan Vs. State of UP, AIR 1966 (SC) 1987; Johri Mal Vs. Director of Consolidation of Holding...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....ther words, Mr. Ahmed reverts back to the original defence that the law of master and servant applies in this case. 9. Mr. Asrarul Hossain learned Counsel for respondent No. 1, on the other hand, vehemently argues that the respondent is an employee of a statutory Corporation, namely, Bang......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ll who claim through them, as a physical delivery of the goods would do. And thus the possession may, in effect, be passed from one buyer pledgee, etc. to another, while the goods are still in the hands of the shipowner. The, learned Additional Attorney-General however, referred to t......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... of the proceeding land (plot No. 759, Khatian No. 526 under char Iswardi mouza), that the second party be restrained to enter into the said land and that the O/C Kotwali (receiver) be directed to hand over possession of the land to the first party. 6. The second party being aggrieved by ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
.... into the room of deceased Zahura Khatun and at that time after taking his evening meal he was sitting in the courtyard of deceased Zahura Khatun's house. He had two‑battery torchlight in his hand and he focused torchlight towards them and according to their instructions he raised hue and ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
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