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Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......Criminal Procedure Code, 1898 (V of 1898), Section 145. There is no legal provision which empowers a Magistrate under section 145 of the Code of Criminal Procedure to physically oust a person in possession of the disputed premises, during the pendency of such proceeding…&helli..Category: Criminal Law | Date: | Hits: 75
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......perty. But it is dominion of the kind which satisfies the requirement of section 405 of the Penal Code. Once it is held that it has a partnership business and the complainant and the accused persons were partners, principle laid down in AIR 1951 Calcutta, subsequently approved by the Suprem..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. 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: 36 DLR (AD) (1984) 5. ......on under section 47 is not limited to the question of 'substitution' during the execution proceeding, but it relates to the question of the decree becoming a nullity having been passed against dead persons, some dying after preliminary decree and some even before it. The learned Advocate has als..Category: Others | Date: | Hits: 97
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......which was burning in the room at that time. She also stated that soon after the occurrence she disclosed about the recognition of the accused to her mother, brother, Bhabi, father and to many other persons who were present after the occurrence. According to PW 2, Abdul Quddus was known earlier t..Category: Criminal Law | Date: | Hits: 58
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......6. There is no allegation that he was ever a defaulter. The suit for eviction was filed on the sole ground as stated in paragraph 4 of the plaint that the plaintiff "requires the same for his personal use and occupation of his son and daughter and family in Dhaka, as he has got no other acc..Category: Property Law | Date: | Hits: 26
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ...... private parts from before is not important because the appellant will be liable in any case if he by his assault accelerated her death. Explanation I to section 299 Penal Code reads thus: "A person who causes bodily injury to another who is labouring under a disorder, disease or bodily inf..Category: Criminal Law | Date: | Hits: 51
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......Court ought to have presumed that the mutation, an official act, was duly done, 8. In a simple suit for permanent injunction with regard to a disputed landed property the relief is available to a person who is in possession, The Court may enquire incidentally into the respective claims of the pa..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....ourt Division. Besides, the misplacement of records is not at all covered under sub-rule (7) of Rule 10 which reads as follows: "(7) The period for which either the accused or the Inquiry Officer falls sick or otherwise incapacitated to continue with the proceedings shall be ex......as Research Officer in the Development Project of Food, Science and Technology Division of the Council's laboratories at Dhaka honestly and sincerely to the best of his abilities; that due to some personal grudge against him by one Mr. SF Rubbi, the then Scientist in charge in the Council, a cha..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......adi, 109 IC 178, that a pleader's abandonment of an issue of fact in the lower Court cannot be challenged in appeal. Also in the case of Bhutnath Vs. Ramlal, 6 CWN 82, it has been held that when a person engages an Advocate or Vakil to conduct his case, it must follow that he authorises him to m..Category: Property Law | Date: | Hits: 28
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......hile carrying 'Sehri' he saw accused Rafique, Shah Alam Shafique and Sultan on the road near their shop. PW 1 along with his brother and other members of his house went to the house of the accused persons in the night. But they did not find the accused persons nor deceased Dudu. PW 1 also heard ..Category: Criminal Law | Date: | Hits: 49
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......hen again admitting that the disputed property is an abandoned property and it vested in the Government, the execution of the impugned sale deeds by the former owner of the property or by any other person in his own name and under his own signature in favour of another does not attract the offenc..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......hereabouts of Khairul Alam and Khasru. 10. On the next day i.e. on 5.1.79 at about 2‑30 or 3‑00 PM, PW 11 Shajahan, PW 12 Sekandar Ali, PW 13 Kashem and PW 19 Shahabuddin saw an assembly of persons on the northern bank of Takerhat, they went there and saw the dead body of deceased Khairul ..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......e that the appellant herself was a party to TS No. 502 of 1987. From the papers filed by the appellant it is found that the said suit was filed by the respondent originally on 9.7.87 against seven persons, including the husband and sons of the appellant, but not against the appellant Samirun Nes..Category: Criminal Law | Date: | Hits: 54
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......rchased the entire pattani howla which was put to sale by the Bhulua Zamindars for arrears of rent. The auction purchasers took delivery of possession and transferred their pattani interest to five persons by five kabaias Exts. 2-2 (d) all dated 1st Chaitra, 1338 BS. Some of the plaintiffs are t..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......ilway by 15.8.1968 whereupon Abul Bashar instituted the suit as aforesaid. 4. The case of the plaintiff is that in the last revisional survey the suit land was recorded in possession of the persons mentioned in RS Khatian Nos. 5, 6, 7 and 9 of mouza Pahartali. One Korban Ali had 14 annas ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ...... to record the same on the plea that the informant did not see anyone to kill Halima and that an UD case had already been started. PW 12 the Sub‑Inspector of Police came to the house of the accused persons and held inquest on the dead body of Halima. On post-mortem examination of the dead body PW ..Category: Criminal Law | Date: | Hits: 49
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. ......tions 302/34 of the Penal Code and sentenced them to suffer imprisonment for life with a fine of Tk. 500/- each, in default, to suffer rigorous imprisonment for six months and the rest of the accused persons were acquitted, On appeal by the convicted 14 appellants the High Court Division affirmed th..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....Court disbelieved the fact of recognition of the assailants by the deceased himself and P.Ws. 5 and 6 who accompanied him at the lime of occurrence mainly due to omissions before the I.O. and the Inquiry Magistrate and contradiction between the witnesses. If the said omissions and contradictions......house of Sadek Ali, as they proceeded two rashes to the west from the ghat the respondents and some others attacked Shamser Ali Amin with dagger and lathi. The respondents struck several blows on his person with dagger causing bleeding injuries. P.W.5 Meheruddin advanced to save Shamser Ali but he w..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....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 ....... on the 10th Kartik 1386 B.S. corresponding to 28.10.79 while the deceased Firoze Shah was sitting on the Verandah of the Dargah with his disciple Moniruddin @ Abdul Mannan (P.W.4) seven (7) accused persons including the appellant and aforesaid Sorhab came there being variously armed and dragged Fi..Category: Criminal Law | Date: | Hits: 55
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ......itted that in appropriate cases the court has got power, and in fact has exercised power, granting bail on some reasonable condition. He has submitted that the Court while granting bail to an accused-person who is likely to leave the country before conclusion of his trial or hearing of his appeal ..Category: Criminal Law | Date: | Hits: 56
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