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Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)

....upti blows to deceased Karichan in the path‑way. From there the deceased was dragged inside the house of appellant No. 3 Salem Howlader while PWs 2 and 3 tried in vain to save the deceased from the hands of the accused persons. On hearing hue and cry of the informant and others present in the plac......an with daggers in their hands on the road and when the accused persons tried to drag his brother inside the house of Salem Howlader they failed to obstruct the accused persons. It is very curious to note that in the First Information Report PW 1 named specifically Syed Mal Hashem, Sadek and Shahjah..

Category: Criminal Law | Date: | Hits: 51

Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)

....h necessarily include the power of transferring in employee of one industrial Unit to another industrial unit under it. 4. Mr. Asrarul Hossain. learned Counsel for the respondent has, on the other hand, defended the deci­sion of the High Court Division emphasising that -hen employees of the Indu......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

Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)

....the bullocks. At about 5-30 P.M. the Informant's cousin Morshed Khan, P.W.11, was attacked by the appellants and the other accused persons on his way to Changutia hat; accused Shamsher gave him first hand blows as a result of which his two front teeth were knocked out and when the Informant and his ......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..

Category: Criminal Law | Date: | Hits: 53

Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)

....h, 1987 in connec­tion with Gurudashpur P.S. Case No.9 dated 24.2.1987. It is alleged in the F.I.R. that on 24.2.87 at about 5.15 P.M. some persons, not named in the F.I.R., being armed with rifles, hand-grenades and other weapons attacked Guradaspur Police Station and after overpowering the police......al is allowed. The ap­pellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290..

Category: Criminal Law | Date: | Hits: 53

Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)

....ind tree. Then accused Azimuddin dealt a Dao low on the forehead of Firoze Shah causing bleeding injury;accused appellant Mafizuddin alias Mohi dealt a blow with the blunt side of a spade on the left hand and other accused dealt him lathi, rod and roller blows. As Moniruddin intervened; he was also ......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

Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)

....tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..

Category: Property Law | Date: | Hits: 24

Haruni Fisherman Co­operative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

..... Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of clear knowledge of everything binds the appellants hand and foot by its own conduct disentitling them form any relief. No illegality has been committed......i ever arises requir­ing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs.   Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..

Category: Property Law | Date: | Hits: 34

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

.... trial court dismissing the suit, restored…........(14,15,16,17) Lawyers Involved: Md Nurul Huq, Advocate-on-Record - For the Appellants. S.S. Halder, Senior Advocate, instructed by Ramesh Chandra Maitra, Advocate-on-Record- For the Respondent Nos. 1& 8. Respondents Nos. 2-7 and 9-57 (g......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..

Category: Property Law | Date: | Hits: 35

Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)

.... un­der section 9 of the Specific Relief Act is executable. If it is found not executable in view of the appel­lant's application for temporary injunction she is en­titled to succeed, on the other hand if contrary con­clusions are reached as the Courts below Have done, the prayer for temporary i...... the fruits of the decree ob­tained by him. For the reasons stated above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..

Category: Tenancy Law | Date: | Hits: 114

Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)

....and Anisur Rahman (P.W.1 and 4) and other relations. It is the prosecution case that Safil Uddin was murdered by Nazrul Islam and his relations due to dispute over property. The defence, on the other hand, is one of false implication because of the said enmity. Further defence suggestion was that th......ng the two semi­circular lacerated injuries with blackish and inverted margin found on the body of the deceased gave the opinion that death was due to shock and haemorrhage as a result of the "above-noted firearm injuries "which were ante mortem and homicidal in nature". The doctor was not asked an..

Category: Criminal Law | Date: | Hits: 32

Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)

.... of U.P. AIR 1973, SC 1100; Mohanlal v.State of Rajstan, AIR 1974, SC 299; West Bengal v. Haridas Mandra, AIR 1976, SC 2225 and State of Karnataka vs. Memareddy, AIR 1981, SC 1417. 7. On the other hand, Kh. Mahbub Hossain has referred to a great number of cases in which different High Courts of I......a proceeding within the meaning of clause (c). Clause (c), section 195 (1) applies only to cases where an offence is committed by a party as such to a proceeding in any court." It should be noted that the words "as such" fol­lowing the word 'party’ is not there in the section, but it ha..

Category: Criminal Law | Date: | Hits: 63

Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)

....ay. But the names of the accused subsequently mentioned during the investigation. The confessional statement of accused Daud lends support to the whole prosecution case, namely, as to the throwing of hand bomb to Momen by Mustafa and to the deceased Efaz by Ajit and in that confes­sional statement ......gs where it is satisfied that they are reasonable and were not ar­rived at by the disregard of any accepted principle regarding appreciation of the evidence. The learned Chief Justice then sounded a note of caution "the mere fact that this Court might have taken a different view of the evidence sho..

Category: Criminal Law | Date: | Hits: 61

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....t to set aside the ex parte decree by altering its own finding that the summons was duly served. In support of his contention the learned Counsel has re­lied upon a number of decisions. On the other hand, Mr. A J. Mohammad Ali, learned Advocate for the respondent has contended that the trial court ......trial Court are set aside and the application under Or­der IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

....A.W. Bhuiyan, Additional Attorney-General, in­structed by B. Hossain, Advocate-on-Record.-For the Appellant. T. H. Khan, Senior Advocate, (M. A. Whab Miah, Advocate with him) instructed by N. H. Khandkar, Advocate-on-Record - For respondent No. 1 Civil Appeal No. 124 of 1983. (From the Jud...... 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

Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 1988, 17 CLC (AD)

....ct Magistrate, Farozepur (AIR 1956 Panjab 33); The University of Dhaka vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 1 722. Lawyers Involved: S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record-For the Appellants, A.W.Bhuiyan, Additional-Attorney-General in......ittedly the Minister also did not himself record any reason or finding that it was deemed necessary for the security of the public peace to cancel the appellant's license. He perused the pa­pers and notes prepared by the successive officers from the Additional Superintendent of Police, Bage­rhat t..

Category: Criminal Law | Date: | Hits: 88

Moulana Mokhter Ah­med Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)

....r protection and preservation of the bags containing the Election materials for protection from subsequent mischief as the au­thorities were informed of the apprehension of the mischief before hand and to keep the gunny bags in the same condition as those were just af­ter the counting of b......Tribunal in recounting the votes intermittently by different presiding offi­cers of the Tribunal for more than a year and to the use of the consolidated result sheet (order dated 31.12.84) and other notes (as in the order sheet) kept with the record by preceding Munsifs, by the Elec­tion Tribunal ..

Category: Election Law | Date: | Hits: 106

Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)

....se the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660......11. Mr. Fazlul Karim, the learned Counsel at­tempted to argue as to the concept of the dwelling house, it is not necessary for us to make decisive opinion at this stage but it would be sufficient to note in passing that the concept of the dwelling house had received a very liberal interpretation. S..

Category: Property Law | Date: | Hits: 45

Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)

.... Twelve witnesses were examined in support of the prosecution case. 4. On behalf of the defence it was suggested to the P.Ws. that Nanda Lal met his death at a different place and time and at the hands of others and the ac­cused were falsely implicated. It was further suggest­ed that Nanda Lai...... released forthwith if not wanted in any other connection. The appeal of ap­pellant No.1 Amar Kumar Thakur is, however, dis­missed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..

Category: Criminal Law | Date: | Hits: 80

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......used a complex sentence containing a principal clause, and two subordinate clauses. The two subordinate clauses on the principal clause, though they themselves are disjunctive. The principal clause denotes persons, and the subordinate clauses connote contentions under which property of the denoted p..

Category: Immigration and Citizenship Law | Date: | Hits: 214

M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)

....the subsequent conduct of the landlord and tenant. Paying and receiving rent in the aforesaid manner, in the present case according to him, showed the existence of such an oral contract. On the other hand, respondent's Counsel has made pointed submissions as to the true interpretation of the aforesa......rcome the mischief arising from their default For the reasons stated above, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..

Category: Tenancy Law | Date: | Hits: 112