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Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......ets of the disinvested company from further dissipation through theft, misappropriation, etc the defendant No. 5 ultimately wrote on September 9,1976 to the Government in consideration of the injury and loss resulting from stoppage of production caused due to delay in taking over the concer..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......er to exercise the power in such manner as the executive thinks fit. It would not be safe to entrust to the executive or to one single individual, howsoever high and lofty, the power to inflict injury on a High Court Judge. Power in order to obviate the possibility of its abuse or misuse sho..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....slam @ Dablu (condemned prisoner) and another person were running away from their house after scaling the wall. Then he entered into the room of his parents and he found his mother Sajeda Khatun with grievous injuries on her person. She died immediately thereafter. He also saw his father who was c......rt the story was given that Sajeda Khatun (deceased) had two injuries one on the left chest cavity and one incised wound on the left line of the abdominal cavity and informant's father P.W.4 had an injury on his chest and had another injury on the upper part of the right chest. So the father and m..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......, P.W. 18. These are the following: Though he deposed that all the accused assaulted Helima Khatun, he did not state to the Investigating Officer that accused Saleh Ahmed and Abdul Kader inflicted an injury to her; as to assault on him, though he deposed that he was given a blow by-one accused and..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
.... and circumstance of the case, the right of private defence of life was not available to the appellants since from complainant party they had no reasonable apprehension either of imminent death or of grievous hurts………………….(10 & 12) Lawyers Involved: Md. Abdul Malek, Senior Advocat......gh they suggested that four of them got gun shot injuries they did not adduce evidence in support of the suggestion. The prosecution witnesses denied, that anybody among the appellants' party got any injury. P.Ws. deposed that before Bazlur Rahman fired the shots, he was hit on his abdomen by appe..Category: Criminal Law | Date: | Hits: 49
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....ed the hut and dragged Yasin to the door-step of the hut and all the accused surrounded him. At the order of the accused Kachu the accused Lalu gave a balsira dao blow on the chest of Yasin causing a grievous injury. Yasin fell down. When his sister and wife raised alarm the accused left the place o......September 2, 1987 The Penal Code, 1860 (XLV of 1860), sections 302 and 304, Part 1 Injury inflicted upon the victim by the appellant causing death of the victim after eleven days of causing such injury and considering the circumstances of the case and the nature of injury, the appellant cannot ..Category: Criminal Law | Date: | Hits: 53
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......nt is lawful, unless- it is forbidden by law, of; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or Involves or implies injury to the person or property of another; or the Court regards it as immoral, or opposed to p..Category: Property Law | Date: | Hits: 42
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......erly Act,1948 (XIII of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition ..Category: Property Law | Date: | Hits: 42
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......vessel whether such vessel be wholly or partly in fault, or in respect of any salvage services, unless proceeding therein are commenced within two years from the date when the damage or loss or injury was caused or the salvage services were rendered, and an action shall not be maintainable u..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... examination report he noted that ribs No. 1. 3 and 4 found to be fractured through mistake but according to him actually ribs were cut, On re‑call by the prosecution, the Doctor stated that injury No. 1 might be caused by heavy and big dagger. 10. PW 15 is a constable ..Category: Criminal Law | Date: | Hits: 58
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......ription for a term which may extend to ten years with a liability for fine also "if the act by which the death is caused in done with the intention of causing death, or of causing such bodily injury as is likely to cause death." The second part provides for imprisonment of either descr..Category: Criminal Law | Date: | Hits: 51
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ...... assaulted him. This statement in cross‑examination clearly shows that she did not herself see the occurrence as she testified in her cross-examination that she heard about the inflicting of dagger injury by Salem and inflicting of injuries by others. An eye witness who really saw the occurrence w..Category: Criminal Law | Date: | Hits: 51
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291........................................Respondent Judgment July 5, 1988. Criminal Appeal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assess..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......ing variously armed and dragged Firoze Shah from the Verandah 3/4 cubits to the northeast under a Tamarind tree. Then accused Azimuddin dealt a Dao low on the forehead of Firoze Shah causing bleeding injury;accused appellant Mafizuddin alias Mohi dealt a blow with the blunt side of a spade on the le..Category: Criminal Law | Date: | Hits: 55
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....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 ......y be brought in a Civil Court to recover possession of such property or to set aside such sale on the ground that such notice has not been served, and that the plaintiff has sustained substantial injury by reason of irregularity: Provided that no such suit shall be entertained- (a) if in..Category: Property Law | Date: | Hits: 35
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....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 ...... armed with two guns, fired two shots—appellant Taleb fired the first shot which pierced the right chest and appellant Ful Babu fired the second shot which went through the abdomen causing bleeding injury and some portion of the intestine came out. Then the accused left the place. A lantern was ..Category: Criminal Law | Date: | Hits: 32
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....as with him. Prosecution case is that at that time the present appellants and others walked into the shop of Nirmal and at the order of appellant No.2 Akbar Ali one Azit (already dead) threw a bomb grievously injuring Mominul Huq. Soon thereafter another bomb was thrown inside the shop of Efaz. It......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....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 ...... The Penal Code, 1860 (XLV of I860), sections 299,300 & 362 Injury no. 1 on the head of the deceased caused by a ‘Lathi’ in course of a sudden quarrel is the cause of death of the victim. Such injury has not been caused with pre-meditation and it is the result of a sudden fight in the hit of ..Category: Criminal Law | Date: | Hits: 67
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......dra, Natabar and Profulla, Amar Thakur struck Nandalal on his left chest with a dagger and Amalendu and Bishnu Pada were beaten up by others. Nanda Lai died instantaneously having received the said injury. The accused left the place. Many neighbouring people including Surendranath Biswas (P.W.1), ..Category: Criminal Law | Date: | Hits: 80
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......tion 300, Exception 4 read with the Evidence Act (I of 1872) Section 105 The Penal Code, 1860 (XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of t..Category: Criminal Law | Date: | Hits: 52
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