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Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....ion was delivered to the complainant. Moreover, evidence of P.W.1 the complainant, as reproduced in the Paper-book, does not show that any paddy was removed from the land by the accused. P.W.1 simply stated that the acÂcused persons damaged the Aush paddy. As such the charge of theft necessarily fa...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....ney shall not be forfeited. The appellant after recovering from illness voluntarily surrendered within seven days on 27.4.87. These facts are borne out by the order sheet of the trial court and sworn statement made on behalf of the appellant. They are not disputed either by the State. Thus it appear...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Respondents Judgment April 20, 1988. Criminal Appeal No. 6 of 1986 The Evidence Act, 1872 (I of 1872), section 137 If the defence wanted to show that such a statement was not made before the Investigating Officer it must be put to the witness and the Invest......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....D) (1988) 226 ......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....ordinate Judge. The Munsif s order was passed, as already noticed, in 1967 when there was no law liÂmiting land holding to 100 bighas. 7. Then again the appellant is trying to take advantage of a statement made by the pre-emptor in 1967 in course of his deposition wherein he stated that he got a......In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..Category: Procedural Law | Date: | Hits: 92
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ry J. Badrul Haider Chowdhury J: - It is my misfortune that I could not persuade myself to the reasonings given in the judgment of my learned brother A.T.M. Afzal, J. 3. The fact need not be restated because in the judgment of Afzal, J. it has been given fully. The learned Sessions Judge had ......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in conÂnection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....rought against him. He was suspended on 18 January 1983, Charge-sheet was submitted on 31 May 1983, inquiry report was submitted on 15 August 1984, but the order of proviÂsional removal was made; as stated above, on 29 May 1985, that is, long after the expiry of the period of 150 days. 4. In Ci......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....ivision set aside his conviction under sections 436/34 and maintained his conviction and sentence "under sections 302 and 148 of the Penal Code". The senÂtence is apparently not proper, as it is not stated whether any separate sentence was passed under secÂtion 148 of the Penal Code. However, we t......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....thority gave retrospective effect to the order of the Board of Revenue, by assessing arrear rents. 3. Defendant-Government, appellant before us, appeared and contested the suit by filing a written statement contending, inter alia, that the suit was speculative, bad for want of notice under sectio...... 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
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....visional Magistrate, Feni who by his order dated 27.5.67 directed the parties to get their right established in civil court Hence the suit. 3. Defendant No.1 contested the suit by filing a written statement. He denied the plaintiffs case and asserted that the suit land originally belonged to one ......ithout any order as to cost. The judgment and deÂcree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ..Category: Property Law | Date: | Hits: 43
....o the Zonal Martial Law Administrator, Jessore and an enquiry committee consisting of three members found the appellant not guilty of the charges.
5. Respondent No.1 in his affidavit-in-opposition stated that the appellant was involved in a number of Criminal cases and earned ill-reputation in th......ny licenses throughout (Bangladesh) or any part thereof."
It will be relevant to reproduce the imÂpugned notice (Annexure "B" to the writ petiÂtion) which is as follows:
Ref: Ministry of Home affairs Memo No. IC-9/ 84(Pedl-IV) 25 Dated. 9.1.85 D.C. Bagerhat Memo No. 15/C dt. 15.1.85 UP. Bage..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
.... hold their office. In this case the Government acted under clause (b), namely, the Pourshava is unable to administer its affairs or meet its financial obligations. The respondents have categorically stated that the special enquiry committee did not make any enquiry worth the name. This was the basi......after such inquiry as may be necessary, the Government is of the opinion that (a) Paurashava is unable to discharge or persistently fails in discharging its duties, or (b) is unable to administer its affairs or meet its financial obligations, or (c) generally acts in manner contrary to public intere..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
...............The procedure staled above may be followed for asÂcertainment of the value of the property by the learned lower Court before making the final deÂcree." 7. Mr. Pal submits that in this state of things there is hardly anything for the High Court Division to revise the orders of the Cou......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....ll these suggestions were denied by the witnesses. 5. The learned Sessions Judge, Jessore, by his judgment and order dated 29 March 1984 convicted and sentenced the four appellants only as already stated and acquitted the rest of the accused. The apÂpeal taken against the order of conviction and...... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....he High Court DiviÂsion should have been considered a sufficient extenuÂating circumstance for imposing the lesser penalty. 12. As to the first ground it is seen that P.W. 1 O.C. Bagharpara P.S. stated in his evidence that on reaching the P.O. he arrested the appellant and on his admission the ......onment for life. In the result, therefore, the appeal is disÂmissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ..Category: Criminal Law | Date: | Hits: 61
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....e from the list of the abandoned property and finally the Government by order dated 4.2.85 refused to release the property, whereupon the respondent filed writ peÂtition. 8. In paragraph 3 it was stated "while the petiÂtioner was domiciled in the Province of East PakiÂstan and continued to res......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. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....of the frame of the suit; and that plot No.215 exclusively belonged to Babu Khan and it was wrongly entered in the disputed khatian. 5. The trial Court held that the plaintiffs were bound by their statement in the plaint of Title Suit No. 55 of 1962 where they claimed only 5 annas 10 gandas 1 Kar......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..Category: Property Law | Date: | Hits: 36
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....364 The Penal Code, 1860 [XLV of 1860], Section 201 The two alleged eye witnesses having not disclosed at the earliest opportunity about their witnessing the occurrence, the confessional statements of the two accused having not been recorded by the Magistrate in accordance with the requ......k that this finding is perverse or against any eviÂdence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....ute." 4. We simply fail to understand how the learned Judges concluded that this case was "not pending" on the date of commencement of the Ordinance. Charge-sheet was submitted in this case, as stated above, on 16 June 1983, as usual, before the Sub-Divisional Magistrate, who in due course for......er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ..Category: Criminal Law | Date: | Hits: 60
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