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Displaying 701-720 of 736 results.
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....ation from other sources is available to the evidence of a hostile witness, there is no reason why his evidence should be rejected outright. If the evidence of the hostile witness fits in with the attending circumstances, then it may be accepted and considered along with other evidence. In this ...... the dead bodies of both Idris Fakir and Lalmia were found in close proximity to each other near the boro field. Evidence as to the inquest held by the Police, and the autopsy thereupon held by the doctor, whose report is Exhibit‑3, lends support to the ocular evidence of PW 1 that Idris F..Category: Criminal Law | Date: | Hits: 69
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....ual and exclusive appropriation of land commenced and continued under a claim of right, either under an openly avowed claim, or under a constructive claim (arising from the acts and circumstances attending the appropriation), to hold the land against him (sic) who was in possession (Angell, se......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....en falsely implicated in this case. 4. Both the learned Sessions Judge and the learned Judges of the High Court Division in appeal on consideration of the confessional statements and other attending facts and circumstances of the case convicted and sentenced the accused appellants as men......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ll be considered directory only or obligatory with an implied nullification for disobedience. It is the duty of Courts of Justice to try to get at the real intention of the Legislature by carefully attending to the whole scope of the statute to be construed.” Liverpool Borough Bank vs. Turn......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ther any and every act done or committed by such a public servant in course of the discharge of an official duty will be protected by the said section without reference to the circumstances attending the occasion. 2. The Appellant F. M. Rashiduzzaman filed a complaint before th......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....shed the severed head and handed it over to Fazu Kazi. The learned Judges of the High Court carefully considered the evidence of P.Ws. Sachindra, Esaruddin and Tasiruddin with reference to the attending facts and circumstances along with other evidence and they could not persuade them to pu......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....or advantage to those guilty of the neglect, without promoting the real aim and object of the Act. It is the duty of a court of law to try to get at the real intention of the legislature by carefully attending to the whole of the statute to be construed. In each case the court must look to the subje......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......ing or to observation of rules of natural justice, according to the master and servant test, looks illogical and even bizarre. A specialist surgeon is denied protection which is given to a hospital doctor; a University professor, as a servant, has been denied the right to be heard, a dock labourer..Category: Employment/Service Law | Date: | Hits: 170
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... not return home and some days after a severed head which was identified to be that of Kala Chand was found. But when it was sent to the Doctor for examination it was nothing but skull. So the doctor could not give any opinion as to the cause of death. The trial ended in his conviction and s..Category: Criminal Law | Date: | Hits: 61
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......scene. The altercations between the parties then became stronger. The two brothers dealt blows on the chest of Golok who became senseless and ultimately died in the house before the arrival of the doctor. 4. Leave was granted to consider the two contentions. One is that PW 1..Category: Criminal Law | Date: | Hits: 59
Special Reference No. 1 of 1995, 24 CLC (AD)
....tra's Legal & Commercial Dictionary (Fifth Edition). Absence‑ In the Oxford Dictionary it has been defined as "keeping oneself away". In the Webster's it has been defined as not present or not attending. The words absent or does not appear come into play when the complainant is in a position ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......er of his hut. 5. The prosecution produced 12 witnesses at the trial out of whom PW 10 was only tendered for cross‑examination. The witnesses are mostly formal witnesses including the doctor PW 11 who held post mortem examination of the deceased Velua Khatun, PW 12 the Magistrate wh..Category: Criminal Law | Date: | Hits: 73
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
.... and/or duration mentioned herein above are agreed keeping in view the meal time of the child and the same may be extended, varied and altered by mutual agreement. Similarly, once the child starts attending the school the days, hours and/or duration as mentioned herein above may also be varied a......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......gong Medical College by the notification dated 20.10.1993 issued by the Principal of the College, Appellant No.1 in all these appeals. This drastic action was taken following a tragic incident at the doctor’s cafeteria of the Chittagong Medical College Hospital on the 18th October 1993 between 11-..Category: Constitutional Law | Date: | Hits: 169
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....r a private road. Shafei maintains that nothing is subject to Shuffa but what is capable of being divided: because (according to his tenets) the end of Shuffa is to obviate the inconveniences attending a division of property, which does not hold in a property incapable of division. Our doc......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......from him. It is not a fact that in order to hide this fact I had him medically examined. As I had found a scratch mark on the chest of the accused, I sent him for medical examination to the local doctor. I did not send the medical report of the doctor along with the forwarding note t..Category: Criminal Law | Date: | Hits: 62
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......er Gaibandha Hospital examined the dead body of Altafunnessa and found a deep gaping incised wound on the upper part and front of neck measuring 6"x 2" extending upto the spine. The said doctor opined that the injury was homicidal and ante mortem in nature. On receipt of this report PW..Category: Criminal Law | Date: | Hits: 124
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......hat the appellant can stand with the help of a stick and could walk with the help of a stick. He, however, added to say that he could not walk without the help of a stick. From the evidence of the doctor, the learned Commissioner arrived at a finding that the same established that the workman su..Category: Labour and Industrial Law | Date: | Hits: 118
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ...... Kasimuddin and also by the post mortem examination which was held by PW 2 Dr. MA Sikder who was Assistant Surgeon, Dinajpur at the relevant time. The dead body of Jahiruddin was identified to the doctor by PW 5 Constable Yonus. 9. The evidence shows that Dr. MA Sikder (PW 2) who held pos..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
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