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State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......il bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......dgment December 12, 1990. Result: The appeal is allowed. The Evidence Act, 1872 (I of 1872), Section 3 Circumstantial evidence In a wife‑killing case, from its very nature, there could be no eye‑witness of the occurrence, apart from the inmates of the house who m..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... November 27, 1990. Result: The appeal is allowed. Constitution of Bangladesh, 1972; Article 135 Whether the impugn reversion to the respondent's substantive post after his acting in a higher post can be termed a reduction in rank. The post of an IPO is a promotion post...... noun. When an officer is selected from one service to another service by such expression as "appointed temporarily" the idea of temporariness attaches to the appointment, but the temporary nature of appointment may be whittled down by any subsequent event or development. 'For example,..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......l bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......stant Surgeon, held post mortem examination thereon, identified by PW 5 and others and gave evidence that the death of die Chairman resulted from stab injuries, which were antemortem and homicidal in nature. The question therefore is whether these two respondents were among the assailants of the Cha..Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......ppeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......ng anything further as to why the appeal cannot proceed even in spite of rule 4. 34. Mr. TH Khan, learned Advocate for respondent No.1 has submitted that having regard to the frame to the suit, nature of the reliefs clamed and nature of the relief awarded by the decree appealed from, defendant..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ...... without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......ff was a paid Manager under him on a monthly salary of Tk. 100.00 and that taking advantage of his frequent absence from Chittagong in connection with his business, the wily plaintiff obtained his signature on blank papers and manufactured a false partnership deed and created documents of title in t..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......rected to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ......extensive ecchymosed and extravagation of blood in an around the wounds, Death, in his opinion, was due to shock and hemorrhage as a result of the said injuries which were antemortem and homicidal in nature. 8. P.W.1, Abdur Rab stated in his evidence that the accused persons had murdered his b..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......ate fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......court or its officers When an injury is caused to a party due to any mistake or default committed by a court or its officers there are high authorities laying down that in circumstances of this nature, it is not only the right but the duty of the Court to correct its own mistake. The que..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
.... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ...... (V of 1908), Order 6 rule 17 This is not substitution of one cause of action for another, but a consolidation, of all‑wrongs allegedly done to the deceased plaintiff - It will not change the nature and character of the suit at all, nor will it widen the suit and impose upon these appellants..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......ithout any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......aving from time to time been transferred by succession and purchase, in which the landlord acquiesced or of which he had knowledge, a Court is justified in presuming that the tenure is of a permanent nature". 13. The Privy Council noted with approval the decision in Caspersz's case in..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ...... Vs. Narendra Nath Datta & others............Opposite Party Judgment July 11. 1990. Result: The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias of a judge. ......ll not allow the application for transfer of a suit which is biased without giving specific finding......... (9) Power of the District Court under section 24 CPC is somewhat of an administrative nature and also discretionary and in suitable cases the District Judge can even suo moto exercise th..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ......ion Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... the same and pass the order without being obsessed or restricted by the provision of section 369 of the Code of Criminal Procedure. The learned Advocate submits that the impugned order is not in the nature of reviewing or altering any previous order of any court having competent jurisdiction. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......d. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......5, 7 and 8 police constables. PW 10, Mohammad Ishaqe, Magistrate, First Class, Dhaka accompanied the trap party and he compared the number of the notes with the number of the inventory and put his signature on the inventory finding the same to be identical. The appellant was nabbed when he accepted ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ...... appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......s Act (VII of 1913); Sections 38 & 40 When both parties have led all their evidence and the facts involved in the applications for rectification of the share registers are not of complicated nature, the same can be disposed of in a summary proceeding In the light of the discussion of t..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......s allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ......as passed on 23.5.61 after the plaintiff's dispossession on 12.4.1961. 6. In affirming the decision of the Trial Court the Court of appeal below further considered the recital in Ext. 3, the nature of the disputed land, the evidence of PWs, particularly PW 2 Giasuddin Khan and PW 4 Jamini K..Category: Property Law | Date: 28 May, 1990 | Hits: 57
Fazal & others Vs. State, 1990, 19 CLC (HCD)
....he accused petitioners be acquitted of the charge levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ......levelled against them. The accused petitioners be discharged from their bail bonds. Ed. This Case is also Reported in: 43 DLR (1991) 40. ...... Result The Rule is made absolute. Every judgment shall be dated and signed by the presiding officer in open court at the time of pronouncing it. Hence putting the date along with the signature is mandatory. This is a legal provision under section 367 of the Code of Criminal Procedure. ..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ...... cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......e Court has properly appreciated and decided the case. The 1st Appellate Court is expected to give its own decision specially on materials relating on facts which would be self explanatory and in the nature of speaking order. Affirming judgment need not enter into detailed reasons to the same extent..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......re will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ......gment March 15, 1990. Result: The appeal is allowed. The evidence of an export is of very weak character It is well settled that evidence of an expert witness is of very weak nature. The evidence and the opinion of the expert deserve consideration like another evidence but s..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......l is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......ection of the application for amendment of the plaint was made on tenable grounds as the amendment sought for could be decided on the evidence already on record and it could not in any way change the nature and character of the suit. 8. While arguing the case, Mr. M Nurullah, learned Counsel fo..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ected to surrender to his bail bond and to serve out the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......ut the sentence. Appeal No.10 of 1985 is dismissed and order of acquittal is upheld. Ed. This Case is also Reported in: 43 DLR (1991) 87. ......on the person of victim Rafiq and the weapons used in causing those injuries on the person of the victim Rafiq Post‑mortem report shows that victim Rafiq sustained as many as 14 injuries of various nature viz. incised, penetrating, lacerated, etc. and the post‑mortem report lends support to the ..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......issed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ......tion on 20.2.86 alleging, inter alia, that in the night following 15.2.86 at about 3/3-30 A.M. his daughter Uma Rani Malakar aged about 12/13 years went out of the room in order to answer the call of nature. As she was not returning to the hut he and other people of the village searched for her at d..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
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