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The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....sed-respondents comes within the ambit of “attempt at murder" punishable under section 307 of the Penal Code; but he has tried to argue that the criminal act of causing the injuries in question is "grievous hurt” with sharp weapon which is punishable under section 326 of the Penal Code. Maximum ......d Judges in the same judgment which has come in full agreement with the trial Court's finding that the accused persons committed the criminal act with the intention of causing death or causing bodily injury which is sufficient to cause the death in the ordinary course of nature. 5. That the respo..Category: Criminal Law | Date: | Hits: 62
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ....... P.W. 18 Nikhil Ranjan Dey stated that on 3.5.76 at about 1.30. p.m. a man came to his pharmacy with his right hand wrapped up in a gamcha. His right hand covering his palm and the fingers showed injury marks. He gave him 2 A.T.S. injections and medicine. On 1.7.76 police came to see him in his ..Category: Criminal Law | Date: | Hits: 124
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......ted below: "39. Any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it ad judged void or voidable, and the Court may in its discretion, so ad&..Category: Property Law | Date: | Hits: 86
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted 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: 38 DLR (AD) (1986) 311. ......ma. Accused Muslim struck on the right side of the chest of the deceased with dao. She embraced her husband for protection when Meghu and Juma held her and moved her away. Her husband after receiving injury wanted to run away but after he reached on the northern door Kamini struck a dao blow the bac..Category: Criminal Law | Date: | Hits: 56
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ...... charge but as a matter of fact they themselves in prosecution of their common object were perpetrators of the deadly assault which caused the death of the victims. Deceased Rahim Sk. bore one fala injury on his person but deceased Mona Karati had as many as five punctured and incised wounds. Thes..Category: Criminal Law | Date: | Hits: 45
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......tion or object of an agreement is lawful, unless it is forbidden by law 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 persons or property of another, or the Court regards it as immoral, or opposed to ..Category: Tenancy Law | Date: | Hits: 65
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......ovisions of the Act. So, it seems to me, it attracts the operation of section 33, and the plaintiffs are not entitled to get the sale set aside without proving that they have suffered substantial injury by reason of the irregularity complained of, and no such sale shall be annulled upon such..Category: Fiscal/Taxation Law | Date: | Hits: 80
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted 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: 38 DLR (AD) (1986) 75. ......nd killed Nurul Islam with 'dagger and sharp daos'. This implied several injuries were caused to the victim; but when inquest and post mortem examination of the dead body revealed only one perforated injury, he deviated from his ejahar and said that only a dagger was blow inflicted. Appellants Rabiu..Category: Criminal Law | Date: | Hits: 60
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ...... the south-eastern side of the office of the Circle Officer accused Saifuddin @ Saifa, who lives in the house of accused Abul Khair Chowdhury, stabbed Harun on the chest by a dagger, causing bleeding injury whereupon he fell from his bicycle and the accused persons fled away. The local people remove..Category: Criminal Law | Date: | Hits: 105
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....n assaulted him. The remaining accused including Idris Pandit began to assault P.W. 2 and threw him into the ditch. As a result of the assault Shamsul Huq died on the spot and P.W.2 sustained grievous hurt. The occurrence was witnessed by P.W. 3 Abdul Matin. P.W. 6 Fazdluddin, P.W. 9 Abdul ......in the right pleura and right Lung and right kidney and fracture of the right frontal bone. He opined that injuries Nos. 1 to 3 might be caused by sharp cutting weapon like dagger and that injury No. 3 might also be caused by a sharp pointed weapon like a pointed iron rod. In cross-exami..Category: Criminal Law | Date: | Hits: 39
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......for the respondent, cited a few decisions. In Golapjan vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888, a suit was filed for malicious prosecution or failing that the suit disclosing injury and damage to the plaintiff which entitled him to relief was filed. It was alleged that the ..Category: Criminal Law | Date: | Hits: 77
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......an erroneous view of the law. Injunctions are granted when the Court is satisfied (1) that the applicant has a prima facie case to go to trial; (2) that the protection is necessary from irreparable injury before his legal right can be established; (3) the mischief or inconvenience likely to ..Category: Banking Law | Date: | Hits: 130
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ...... Haldance L.C. observed as follow: "Between malice in fact and malice in law there is a broad distinction which is not peculiar to any particular system of jurisprudence. A person who inflicts an injury upon another person in contravention of the law is not allowed to say that he did so with a..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......Lecturer of Anatomy, all of Sir Salimullah Medical College and (4) Dr. Sirajul Islam, Assistant Surgeon, Police Hospital, Rajarbag, Dacca. They found two injuries on the dead body that is (1) one cut injury on the throat 7" x 2" x soft tissue and (2) an injury on the head on the left occipito pariet..Category: Constitutional Law | Date: | Hits: 292
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ....... In the Patna case (AIR 1925 Pat. 1) it has been held: "Execution presupposes a decree or order capable of being carried into effect, restitution presupposes an act of the court which has done an injury to the suitors. Execution will be issued as a matter of course; but in cases of the code, res..Category: Procedural Law | Date: | Hits: 111
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......n of his right or property and that it is the duty of the court to see that the ends of justice be met. Such restoration becomes all the more necessary if the erroneous judgment or order has caused injury to the person deprived of his property. If any law specifically provides for restitution, s..Category: Civil Law | Date: | Hits: 82
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......ew and other persons hired on board. (3) Remuneration for assistance and salvage, etc. (4) Indemnities for collision, as also for damage caused to harbours, docks, etc; indemnities for personal injury to passengers or crew; indemnities for loss of or damage to cargo baggage. (5) Claims resu..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......n of the statutory powers apart from that derived from the lease the writ petition would have been maintainable, but since the action taken by the Government was in terms of the Lease Deed, even if injury was caused to the appellants, it arose out of the breach of agreement or which no writ lay a..Category: Property Law | Date: | Hits: 53
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......rred by his contributory negligence, of by virtue of the document of "common employment" or by any special contract such as a passenger's ticket under conditions prohibiting any claim for damages for injury, or by accord and satisfaction, or by the operation of some statutory provision then the pe..Category: Others | Date: | Hits: 124
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......cry. The informant, his brother Nazrul Islam, Salam’s mother and maternal uncle along with some other people rushed to the spot and found the dead body of Salma inside the bag having 3/4 inches cut injury in her throat and found cut injuries in her both ears; that she had two ear-rings weighing ab..Category: Criminal Law | Date: | Hits: 59