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Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ......ted power to pass higher sentences except the sentence of death in those Sessions cases which were not hitherto triable by an Assistant Sessions Judge but which are now triable by him by deeming and treating him to be an Additional Sessions Judge, consequent upon the change brought in section 290 Cr..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ......he High Court Division against the aforesaid judgment and decree and in Civil Rule No. 1297(F) of 1981 got an order of stay of Title Execution Case No. 5 of 1981 till disposal of the First Appeal. Thereafter the respondents filed an application for injunction in the, said First Appeal praying for re..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......rated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head office and branches of the said Bank for safe‑guarding the int......intiff has no subsisting interest therein. It is further stated that the defendant No. 1 has no right, title and interest in the suit property. The Income Tax of the bank‑in‑liquidation fell in arrear and for realisation of income tax, the Income Tax Certificate Case No. 552 of 1954‑55 was sta..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
.... Judgment July 23, 1990. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 423 Whether an appellate court can order retrial of a criminal case when evidence on record are sufficient to decide the appeal only to give an opportunit......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ......ellate Court for re‑hearing and disposal on the basis of the existing evidence on record in accordance with law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 17. ..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....ohibiting or restricting the heirs of the deceased complainant to be substituted in his place at the appellate or revisional stage and, furthermore, the law relating to abatement is not applicable in criminal cases. According to the provision of section 431 of the Code of Criminal Procedure the...... 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. ......ve principle obviously was to prevent the estate of a deceased person being damaged although death had terminated the personal interest of the convict in the appeal.......... (6) The decisions already referred to relate the interest of the heirs of the deceased accused and continuation of the a..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
.... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ......Act. Whether section 5 of the Limitation Act will apply in the case of special or local law is a matter for the legislature to decide. As law of limitation stands today, it is undisputed that a plain reading of sub‑section (2) of section 29 clearly shows that section 5 has no application in the pr..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
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. ......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. ...... order of conviction and sentence dated 7.4.82 of the Special Judge, Dhaka Division, Dhaka passed in Special Case No. 9 of 1981 convicting the accused‑petitioner under section 161 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him to suffer rigorous imprisonment for one ..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)
....t would be for the Trial Court to decide on the basis of evidence to be adduced in this case and therefore, in our view, if the pending proceeding is stopped at this stage it would amount to stifling criminal proceeding in limini. In the result, the Rule is discharged and stay granted by this C......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ......ities. 7. Mr. Jamir Uddin Ahmed, the learned Advocate appearing for the accused‑petitioner submits that after accepting the final report the Magistrate discharged the accused petitioner and thereafter he could not take cognizance of the case as he did on receiving the Naraji petition from the..Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80
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. ......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. ......pplications under the Civil Procedure Code and that the application for rectification of a share‑register under s. 38 is left to be governed by the general principle that it shall be filed within a reasonable time and not after inordinate delay. What is a reasonable time or an inordinate delay is ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....fendant No. 20 defendant Nos. 1 to 10, the successors of Sajjad Ali, along with other defendants trespassed into Plot No. 1 of schedule 2 on 29th Chaitra, 1367 BS. Proforma‑defendant No. 20 filed a criminal case against the defendants and the same was dismissed on 30.8.61. The principal defendants......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. ......Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by a tenant with the assent of the landlord creates an implied contract, and a tenancy by holding over is constituted. Such a tenancy cannot be c..Category: Property Law | Date: 28 May, 1990 | Hits: 57
Bakul Howlader @ Shamsul Alam Vs. The State, 1990, 19 CLC (AD)
....bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ......bail of the appellant. Hence, the appeal is allowed and the bail granted to the appellant by the Upazila Magistrate is confirmed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 14. ...... in the First Information Report is that at the order of Bazlur Rashid Sarker the present appellant inflicted gunshot injury killing victim Motleb. In that case after investigation charge sheet has already been submitted by the Police on 4.8.88. 3. On the self‑same incident another GD Entry w..Category: Criminal Law | Date: 20 May, 1990 | Hits: 100
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. ......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. ......000/‑ and a wrist watch from the victim. The victim managed to get himself free from the accused and ran and jumped into a pond to save his life. On hearing hue and cry people from the surrounding area including the police personnel from the nearby camp came and took him to the police camp. The vi..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....ce of cheating and forgery nevertheless, this Court has no scope to say whether such allegation was true or false or will be accepted by the Court or not. The Settlement Court left the matter of criminal liability open for decision by the appropriate Court. In this situation the Court can not a...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ......cused petitioner Aga Kohinoor Alam obtained this Rule to quash the proceeding of GR Case No. 60 of 1987 arising out of Mohammadpur PS Case No. 10(5)87 under sections 419/467/471/409 of the Penal Code read with section 5(2) of Act II of 1947. 2. The petitioner represented that a plot of land was..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....ation Report. It is further stated that much bad blood was created between the informant party and the accused parties because of taking lease of Char land and both parties were involved in civil and criminal litigation. 4. The police took up the investigation of the case, seized alamat from th......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. ......ed into evidence on the ground that the doctor left the country and his attendance can not be procured without an amount of delay or inconvenience which under the circumstances of the case would be unreasonable. State Vs. Mokbul Hossain 37 DLR 157 relied. ...................... (23) Single witn..Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65
Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)
....hellip;………….........Accused-Appellant Vs. The State and other...........................Respondents Judgment March 12, 1990. Result: The criminal proceeding is stayed till the disposal of Title Suit. The Code of Criminal Procedure, ......tan Magistrate, Dhaka is stayed till the disposal of Title Suit No.159 of 1987 of the First Court of Subordinate Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ...... kabalas of the plaintiffs were 4. Leave was granted for considering a contention that the High Court Division overlooked an important aspect of the case that the documents in question having already been produced by the appellants in the Civil Court, the jurisdiction of the Criminal Court was..Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114
Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)
....and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ......; and (ii) that it‑ the appellant along with her newly-born child was ordered at the post-natal critical stage to remain in judicial custody then her health as well as the health of the baby would greatly suffer. 9. Since the leave was granted in November, 1986, more then three years have pas..Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......e stolen motors was of 30 horse power manufactured by GE Company of Bangladesh and other three were of Yaskawa Company of Japan. 3. Upon filing the FIR a case under section 379 of the Penal Code read with section 16 of the Special Powers Act was started and the Investigating Officer got an info..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
....treating the Criminal Revision No.94 of 1989 as Criminal Appeal No.215 of 1989 and held that the present petitioner Monindra Kumar Malaker being informant and father of the victim girl in the above criminal case is competent to prefer appeal against the judgment of acquittal under the Special Po......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. ......he Additional Sessions Judge and Special Tribunal, Gazipur, in Special Tribunal Case No.13 of 1986 acquitting the accused-respondent Nos.4 and 5 from the charge under section 366A of the Penal Code read with section 4 (b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance ..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....site party Nos. 6 and 7 under section 366A of the Penal Code read with section 4(b) of Ordinance No.LX of 1983, the prosecution had virtually admitted the position that the girl was above 16 when the criminal case was instituted. Otherwise the charge under section 366A of the Penal Code could not be......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......the detenu speaks that she was born on 29th of Agrahayan, 1379BS. But the said horoscope was made on a plain paper without any signature of its maker. Moreover, it is a private document which may be created at any time for any special purpose. It is very difficult to rely on such a private document ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......hone at his residence about the release order issued by this Court , but he also asked the contemners to talk to the Assistant Secretary the following day, i.e. on 8.4.89 during office hours. Thereafter on 8.4.89 (Saturday) in the morning the said Assistant Secretary was contacted over tel..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
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