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Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

....mination of the dead body of Siraj and thereafter challaned 11 persons including these five appellants to face their trial on the charge of in­tentionally causing the death of Siraj in the manner as stated above. 5. The defence of the accused was that they were innocent and falsely implicated in...... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..

Category: Criminal Law | Date: | Hits: 52

Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)

....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..

Category: Criminal Law | Date: | Hits: 41

Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

....IR, Ext. 1 at Thakurgaon Police Station at about 9-30 p.m. On the next day P.W.1 learnt that the Police had arrested the accused and recovered the 100/- rupee notes amounting to Tk. 7100/- as per the statement made by the accused himself. Follow­ing usual investigation the appellant was put on tria......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..

Category: Criminal Law | Date: | Hits: 44

Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)

....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ..

Category: Criminal Law | Date: | Hits: 44

Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)

....on, in view of the background history of the disputed loan in question acted properly in deciding a disputed question of fact under the writ jurisdiction. 7. As regards the first ground, it may be stated that if the purpose of the writ petition was only to challenge the election of the appellant ...... result, therefore, the appeal is al­lowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..

Category: Election Law | Date: | Hits: 130

Mostoshir Ali Vs. Arman Ali and Others, 1987, 16 CLC (AD)

.........Respondents Judgment July 28, 1987. Result: The petition is dismissed. The Constitution of the People's Republic of Bangladesh, 1972, Article 103 Leave petition filed by the state being dismissed upon hearing, there is no scope of hearing fresh leave petition at the instanc......r the petitioner was unaware of the leave petition filed by the Govern­ment and the result thereof. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 12 ..

Category: Criminal Law | Date: | Hits: 41

Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)

....gh Court Division was justified in the special facts and circumstances of the case. 5. It has been urged by the learned counsel for the appellants that the cause of death of the victim having been stated in the post mortem report to be some other (heart failure, old age, etc.) than infliction of ......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...

Category: Criminal Law | Date: | Hits: 63

Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)

....s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the pro­tection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..

Category: Criminal Law | Date: | Hits: 105

Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)

....t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The or­der for pre-emption is set aside and the Miscellane­ous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..

Category: Property Law | Date: | Hits: 36

Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)

....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..

Category: Criminal Law | Date: | Hits: 43

Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)

....d. Khalilur Rahman, Respondent No.4, for consideration of Taka 6,000.00. The appellant was served with the notice of this transfer on 8.12.66 and thereupon he made an app­lication for pre-emption as stated earlier. 6. It appears that the courts below made a wrong approach of the case when they ...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...

Category: Property Law | Date: | Hits: 33

Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)

.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..

Category: Property Law | Date: | Hits: 34

Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

.... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..

Category: Property Law | Date: | Hits: 32

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....ndents against their conviction and sentence. Criminal Appeal No.8 of 1977 was preferred by the complainant Aijuddin Matbar and Criminal Appeal No.9 of 1976 was preferred by the State. 2. Briefly stated, Abdur Rashid Khandker, a blind man being accompanied by his son Riton, P.W.7 was returning h......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is dis­posed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...

Category: Criminal Law | Date: | Hits: 39

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....ice that clause (a) of sub-section (3) of section 96 of the Act, requires application for pre-emption must be accompanied by a deposit of the entire consideration money of the property transferred as stated in the notice served under section 89, together with compensation @ 10 pc there­on, and the ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....of the offence was yet to be taken by the Special Tribunal after receiving the case record from the Sub-Divisional Magistrate. 2. The facts in short necessary for dis­posal of the appeals may be stated thus: Respondent (in Criminal Appeal No.6 of 1978) Tan Kheng Hock, a Singapore national, ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....current charge of Section Officer on 19-6-72 in the said Ministry. While he was Section Officer he was in the charge of the General Section, Government Accommodation and Management of the Government Estates and also functioned, as Drawing and Disbur­sing Officer till 1972, when he was trans­ferred......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ..

Category: Employment/Service Law | Date: | Hits: 72

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

....r the theoretical doctrine of political science, saying that the legal structure of the Government is continuing. The argument is tenuous and does not stand the scrutiny of reason. The ground clearly stated that the aim of the party was directed against the po­litical government of the day, but it ...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..

Category: Constitutional Law | Date: | Hits: 408

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

.... against the Appellants and another that the conviction was based upon indepen­dent evidence of P.Ws. 7, 8, 9 and 11. He also found that the evidence of those witnes­ses along with the confessional statement of Alo Ext. 8, proved the case against the accused persons beyond reasonable doubt. The Re...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..

Category: Criminal Law | Date: | Hits: 41

Chair­man, Inspecting Assistant Commissioner of Income Tax Vs. Khan Saheb Ata Md. Khan, 1978, 7 CLC (AD)

....Martial Law Re­gulation No.48(iii) of 1958 is involved. Facts giving rise to this appeal may be set out as follows: 2. The Respondent migrated from India to Pakistan in 1948 and purchased a Tea Estate, known as "Khan Tea Estate" in Sylhet. He was assessed to income-tax in Pakistan. After Martia......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78