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BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ...... where it would be necessary to do so thereby severely undermining the fundamental rights of the writ petitioner and a multitude of individual creditors and depositors afflicted by a common wrong, injury and invasion. It is also the case of the writ petitioner that by their common action the res..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... reasonable doubt and the chain of circumstances should be so that the innocence of the accused is incompatible with the circumstances. Abscondence of an accused by itself proves no guilt. Marks of injury on the dead body does not involve an individual with the crime of murder. Suspicion, however..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....tion is admissible in evidence and once it is believed, it must lead to the conclusion of the offender’s guilt. It must, therefore, be held that respondent No. 2 Jahirul Hoque alias Jaju caused the grievous injury on the right backside of Bakul Bibi and she ultimately succumbed to that injury in v......dgment December 12, 2001. Result: The appeal is allowed and modified. The Penal Code, 1860 (XLV of 1860) Section 304, Part I & II Respondent Harunur Rashid by inflicting the injury on the chest of Fakku Mia resulting in the death of the victim committed an offence under sec..Category: Criminal Law | Date: | Hits: 55
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......f the aforesaid post-mortem report. Accordingly, the dead body of Saleha was exhumed and the police held another inquest into the dead body in presence of a Magistrate. The police reported only one injury i.e. the incised wound in the neck. A second postmortem examination was held in the Mitford..Category: Criminal Law | Date: | Hits: 58
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......f the provisions of Building Construction Act, the law will take its own course in spite of this Judgment. 19. Mr. Asrarul Hossain next submits that the respondent will suffer irreparable loss and injury if the appellant continues with his construction for an indefinite period and to minimise the..Category: Property Law | Date: | Hits: 66
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......e ramdao blows on the body of Ekhlasuddin who died on the spot. Acquitted accused Jadan and Johur caught hold of P.W. 2 Pilu and acquitted accused Quddus gave a ramdao blow on his back resulting in injury. Other acquitted accused persons dropped the dead body of Ekhlasuddin in the river. Acquitt..Category: Criminal Law | Date: | Hits: 60
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......rred to in Suth WR 228 and not overruled, it was observed: “Without going so far as to say under no circumstances could acquiescence by the party injured in the act of the injury done, be inferred, we are clearly of opinion that no such acquiescence was either pleaded o..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......enforce moral obligation, nor did it interfere for the prevention of illegal acts, merely because they are illegal. A Court of Equity exercised jurisdiction when there was an actual or prospective injury to property. Its interference was founded solely on the ground of injury to property. (See K..Category: Property Law | Date: | Hits: 81
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......ceed because some one else may be hurt. Not does it make any difference that other persons who may be injured are persons of the same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial interventio..Category: Constitutional Law | Date: | Hits: 716
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......(2) One swelling with echymosis on the left side of the chest, 2" X 1" and (3) One lacerated wound on the right side of the forehead 1" X ½ " scalp deep. On dissection of injury No. 2, he found the left 4th rib fractured and displaced and the left lung injured. In his o..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......are numerous …….and the discharge of many of these obligations is essential to the security and well‑being of the nation failure to perform any of these obligations may cause the nation serious injury, and, in appropriate circumstances, the punishing power is available to deal with dereliction..Category: Immigration and Citizenship Law | Date: | Hits: 522
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... show that this duty of the guardian ad litem continues throughout the execution proceeding also. By the gross negligent act of the guardian the minors in the present case had suffered substantial injury and a valuable property had been sold for a petty amount behind their back. They knew nothin..Category: Property Law | Date: | Hits: 130
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
.... not its inherent jurisdiction. Reasons given by the High Court Division, as we shall examine, show that it took both revisional power and inherent power as one and the same and thereby fell into a grievous error. 11. Reasons given by the High Court Division for its views are : ......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......ve the appellant of his right already acquired by his kabala which was found to be genuine. "Forgery" means making of a false document with certain intentions, such as to cause damage or injury to a person, to support any claim or title, to commit fraud. A person is said to make a &quo..Category: Criminal Law | Date: | Hits: 61
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......hallenged, where the alternative remedy is not efficacious or adequate, and where the wrong complained of is so inextricably mixed up that the High Court Division may for the prevention of public injury and the vindication of public justice examine that complaint. It is needless to add that th..Category: Civil Law | Date: | Hits: 103
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....w of the matter we do not find any substance in the submission of Mr. MA Malek. We find the learned Sessions Judge has correctly found Yogeshwar guilty under section 302 of the Penal Code for causing grievous injury which resulted in the death of Susanta." We are of the view that the High Court ...... 17. It appears that the High Court Division considering the facts and circumstances and evidence on record observed: "The death of Susanta is not denied nor is it denied Susanta died from such injury. Now, the question is, whether the prosecution could have proved its case against the condemn..Category: Criminal Law | Date: | Hits: 47
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......e of cross-examination and the investigation officer has stated that there is nothing in the statement recorded under section 161 of the Code of Criminal Procedure, that the witness noticed mark of injury on the body of the victim and that accused persons used to torture the victim in connection ..Category: Criminal Law | Date: | Hits: 59
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
.... or finish Tara was not mentioned. Injuries found on the dead body of Tara by the Doctor, PW 6, are widely divergent in nature; that is, injuries Nos. 1 and 2 in the occipital region were fatal or grievous in nature; these injuries have been attributed to Manto and Kabul; whereas injuries Nos. 3...... was left practically unhurt. The learned Counsel in this connection has referred to the evidence of Mona himself, his father PW 1 and the Medical Officer PW 6, to show that Mona had practically no injury in his person. Learned Counsel has also pointed out that no members of the locality came to ..Category: Criminal Law | Date: | Hits: 93
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....hit each other with small sticks. If the prosecution case was true that Ali Mollah vowed to kill Hamid's sons after the occurrence in the morning then there was nothing to prevent him from causing grievous hurt at least, if not death, when he had allegedly attacked them at midnight with men and ......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......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 Fakir died from a chest injury caused by a penetrating weapon like a Sokki. Moreover, the cause of his death is not dispute..Category: Criminal Law | Date: | Hits: 69
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