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State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....rdingly PW 1 Sk, Elahi Baksh and PW 7 Gul Mohammad went inside the hut with accused Lutfor Fakir who confessed before them there that he had murdered Dulal Fakir. He then covered his face with his hand. On being further questioned the accused said that he had brought Dao and rope from his father...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....d Magistrate insofar as it related to the petitioner, as the order was not an order of discharge but an order of acquittal. Mr. ATM Afzal, appearing on behalf of opposite party No. 2, on the other hand, contended that if the Sessions Judge found that the offence was triable exclusively by the Co...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....ed by the learned Munsif, 2nd Court Jhenidah in Miscellaneous Case No. 159 of 1965. 2. This application has been preferred by the three petitioners (1) Bijan Bala Chowdurani, (ii) Kumaresh Chandra Biswas and (iii) Tarapada Kabiraj. The petitioner No. 1 filed the above mentioned Miscellane......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....rial Court had drawn adverse presumption against the appellant by stating that he made over charge on 16.8.64 but disposed of the amounts between that date and 21.8.64. The defence case, on the other hand, was that the appellant continued to remain in charge of the accounts entrusted to him upto 23.......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....e Republics of Pakistan) through the Finance Secretary, Govt. of Pakistan, Karachi 16 DLR (SC) 405; Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446; Swami Turiananda alias Denesh Chandra Guha Mustafi & another vs. Siris Kumar Sen, 5 DLR 175; Gargi Din Vs. Debi Charan 51 All ......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....forcibly took away his wife Sharifunnessa aged 24 years and carried her to the house of the appellant and confined her inside a room and the other accused stood as a guard with a gun and shorki in hand at the verandah. At the time of taking Sharifunnessa away, Abdul Kasem (PW 6) the younger brot......on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ..Category: Criminal Law | Date: | Hits: 59
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....asak and others........Respondents Judgment July 23rd, 1970. Cases Referred to- Joy Kumar Dutta and others vs Sitamath Dutta, 4 DLR 400; Sudhir Chandra Singha Sarma and others vs Debesh Kumar Singh Sarma 13 DLR 232; Md Abdur Rahman Bhuiyan vs ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... in 55 CWN (3 DLR) 155; Kalikesh Biswas and others vs Gheasuddin Ahmad and others 75 DLR Dacca 330; Kiron Chunder Roy vs Naimuddin Talukdar ILR 30 Cat. 498; Jogendra Narain Roy Chowdhury vs Kiran Chandra Roy reported in ILR 46 Cal 730; Najemodeen Moonshi vs Syed Hasan Hyder Chowdhury (1905) 9 CW...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....p; Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....f Taka 500.00 and (iii) that abatement in respect of plaintiff Nos. 9 and 19 could, if at all, have the effect of partial abatement of the suit. The learned Counsel for the respondent, on the other hand, contends that the application for setting aside abatement was barred by limitation, as the p......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....tempts to examine the Presiding Officers, Returning Officer and the Treasury Officer as witness to prove post-election tampering of summons against them for appearing as witnesses. On the other hand, the Tribunal took the view that it is itself sufficient to ascertain if the election materia......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... the civil Court can entertain the suits despite the bar imposed by the provisions of clause (5) of Article 34 of the said Order. Mr. Huq offered his views in the negative. Dr. M. Zahir, on the other hand, canvassed the contrary views. I lend my support to the views of Dr. Zahir for the reasons belo...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....n: 51 DLR (AD) (1999) 150. ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....led the Bichra. Accused Matbar Ali ordered to kill them. At this accused-respondent No. 1 Giasuddin and accused-respondent No. 4 Almas by their respective guns fired at (now deceased) Chan Miah @ Chandu who being injured fell down and died. Accused-respondent No. 2 Abdul Awal Bhuiyan by a gunsho......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
.... on the way they were attacked by accused persons with iron rod, bamboo sticks, daggers, etc. when both of them fell down on the ground. The accused persons then cut the cords of two legs and left hand of the informant Mahbub Shukur by a dagger and uprooted the eyes of victim Belal Hossain and h......hich they are suffering now. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Criminal Law | Date: | Hits: 63
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....wheat in bulk belonging to the Government of Bangladesh from Chittagong to Narayanganj on 25-1-85. Defendant No. 1-appellants Oil Tanker T-1059 (T-4-175) was coming from the opposite side towards Chandpur from Narayanganj. The plaintiffs alleged that at about 2-00/3-00 PM the appellants Oil Tank......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....le or holy truth………(9) v) The Court expected more circumspection, understandding, discretion and judgment on the part of the Prime Minister because of the high office she holds in making off-hand remarks in respect of constitutional functionaries which have been alleged to be contumacious â......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....guarantor for repayment of the loan. 3. As already noticed, the trial Court and the lower appellate Court convicted and sentenced the accused-petitioners as aforementioned. 4. Mr. Khandker Mahbub Hossain, learned Advocate appearing for the accused- petitioner Mawlana Abdul Hye in...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
.... 11) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney- General, instructed by B Hossain, Advocate-on- Record. (In all the appeals) — For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, Instructed by Md Sajjadul Huq, Advocate-on-Record. (In......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....1’ respectively in writ-petition, communicated to him under the signature of respondent No. 4, the Senior Marketing Officer of BFDC. By Annexure ‘F’ the petitioner was directed to hand over vacant possession of the aforesaid fish selling stalls on July 1st 1990, on the ground th...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
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