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Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....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......t Judgment: August 22, 1988. Criminal Appeal No. 2 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 497 Bail Matter The appellant not being named in the FIR and the investigation could not be completed even after taking time on several occasions by the IO and charg..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....ent of sentence. In the result, the conviction the 6 appellants was altered to 302/149 148 Penal Code and sentence was enhanced to transportation for life. The appeal of accused Walia was accepted in part and his sentence was reduced to transportation for life. 16. In the appeal by the accused be......aken to Gaffargaon Thana Health Complex for treatment but he breathed his last there at about 5 P.M. on the same day. Shah Rezaur Rahman (P.W.1), brother-in-law of Fakir, lodged FI.R. and Police upon investigation submitted charge-sheet. 5. At the trial common charges under sections 302/34 and 14..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....o.5 of 1987. 3. The background of the two cases, briefly, is that J.M.Iqbal @ Bachhu Haider, and accused in case no.4 of 1988, was elected chairman of Dighirpar Union Parishad in 1985. The rival party in the election was that of Zaglul Haldar alias Bhulu. The bitterness created in the election ...... of Nur Mohammad could not be recovered. The information of Amir Hussain gave rise to Tongibari P.S. Case No. 7(5)85 under Section 302/149/148/147/325/307/109/201 of the Penal Code. 5. Police upon investigation submitted charge-sheet in both the cases. Tongibari P.S. case No. 6 dated 22.5.85 was ..Category: Criminal Law | Date: | Hits: 48
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....to Dinerdra Nath Ganguli who entered into an agreement on 11.8.19.66 with Dr. Aziz Meser Mohammad Ali for sale of the suit property. Upon execution of the said agreement the plaintiffs were delivered part possession of the suit property. Thereafter on 10.10.69 the plaintiffs purchased the suit pro......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....n question i.e. C.S. Plot No.333 in the Sale certificate and in the writ of delivery of possession would support the pre-emptor's plea that he had no knowledge of the sale when C.S. Plot No.333 was a part of the total lands that were sold in auction and that sale was within the knowledge of the pre-...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....nce, is not amenable to the writ jurisdiction of the High Court. The appellants have failed to point out any violation of any statutory rule or breach of any statutory obligation or ill-motive on the part of the authority canceling the license. Lawyers Involved: S.S Halder, Senior Advocate, ins......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ocate-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 (gha)-Ex-parte Civil Appeal No. 41 of 1985. Judgment: Fazle Munim CJ.-This appeal arises from Civil......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
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
...........................Respondents Judgment April 1, 1987. Civil Petition for Special Leave to Appeal No. 302 of 1986 The Code of Civil Procedure (V of 1908), Order XXI In a decree of partition, decree-holders are not liable to pay any compensation for demolition of a part of the bui......on of the Executing Court is strictly limited to execution of the decree as it is. It appears that after the preliminary decree was passed an Advocate Commissioner appointed by the Court made local investigation but the judgment-debtor did not co-operate with him, that the Advocate Commissioner ga..Category: Property Law | Date: | Hits: 32
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... Judgment March 15, 1988. Criminal Appeal No. 18 of 1987 The Code of Criminla Procedure, 1898 (V of 1898), section 497 Bail to an examinee In the facts and circumstances of the case particularly having regard to the good academic background and future career of the appellant, there...... 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)
....witness in the case) in spite of material contradiction in her evidence in relation to her statement made before the Investigating Officer. He has submitted that she omitted to state the material part of her evidence as to firing upon her husband by guns by the two appellants before the Investig......luding the appellants. Wazed Ali and others present in the house during the night not only heard the names of the accused from the deceased but also from Ayesha and Anjuman Ara. Police upon usual investigation submitted chargesheet and the trial took place as aforesaid. 6. The main and di..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....onstructions or if the literal. Construction results in contradiction or leads to absurdity, which could not have been the intention of the Legislature, then the rule of literal construction may be departed from and language of the statute may be modified, if necessary, by addition or alteration of ......ument is produced or given 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)
....mption was filed in 1964 the trial court rightly held on the basis of reported cases that the proceeding was to be decided under the Bengal Tenancy Act as the cause of action arose in the case before part V of the State Acquisition and Tenancy Act came into force. So, limitation is available to the ......In view of the discussion above, the appeal is found to be without substance and accordingly dismissed 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)
.... qualify to be trustworthy the alleged confession of no avail to the prosecution for the purpose of sustaining the order of conviction. In a case as in the present where the witnesses are related and partisan and have a strong motive to depose falsely, their evidence must be put to the strictest scr......e careful before deposing against the Chairman and that is why the names of the accused were not mentioned in the F.I.R. straight way. But the names of the accused subsequently mentioned during the investigation. The confessional statement of accused Daud lends support to the whole prosecution cas..Category: Criminal Law | Date: | Hits: 61
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....es in Charandwip mouza within Chokoria Upazila in the District of Cox's Bazar for a term of three years from 1391 B.S. to 1393 B.S. by the Upazila Fisheries Officers. An agreement was signed by the parties on 30th April 1984. Respondent No. 1, namely, Deputy Commissioner of Cox's Bazar leased out ......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....with the established principles and rules of construction. In addition to this question as to interpretation, another ground involving facts was taken in Civil Appeal No. 12 of 1987. It is that the departmental inquiry on the basis of which the accused appellant (Md. Moslem) was provisionally remove......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
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....rong. On behalf of the Government it was contended that the suit land vested in the Government as a result of Government Gazette Notification No. 1524 dated 21st December 1957 and that the forest department is in possession of the suit land. Further, the documents of plaintiff-respondents are fr......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....r acted in cruel or unusual manner, is not murder under section 300 but culpable homicide not amounting to murder under section 299 of the Penal Code. Thus the conviction is altered under section 304 part 1 from section 302 of the Penal Code and the sentence is reduced accordingly……………(6,7......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
.... such this claim is not sufficient for the trial court to alter its previous finding that the summons was duly served. In the circumstances the trial Court is found to have illegally set aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy Commissioner, Sylhet V. I......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)
....on 'capitalized value' in the State Acquisition and Tenancy Act which might have thrown some light on its meaning so as to enable us to either accept or reject the contention of the learned Counsel. Apart from the absence of any definition of the aforesaid terms there arc no provisions in the afores...... 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
.... been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which is embodied in the maxim audi alteram partem. the authorities in the present case at all stages failed to adopt the elementary and essenti......he appellant. It is not a case where the Police was making a report to the Magistrate in course of its normal public duty. Nor a case where police received information in course of its ordinary investigation into crimes. The enquiry was undertaken on a sprawling private complaint made by local..
Category: Criminal Law | Date: | Hits: 88
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