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Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......rought, in a Civil Court to recover possession of such property or 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: if insti..Category: Property Law | Date: | Hits: 82
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ...... the said execution, but that such an order could have been passed only when the Court was satisfied that all the conditions for granting such as injunction as to prima fade case, irreparable injury to the judgment-debtor balance of convenience had been in existence. Learned Counsel ..Category: Property Law | Date: | Hits: 61
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ...... the learned district Judge on the view that a share-holder had no interest in the company's property nor had he any say in the management of the affairs of the company and that the pecuniary injury which a share-holder might suffer on account of a sale of a company's property at a low ..Category: Property Law | Date: | Hits: 118
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ...... 5. Mr. Sobhan has next contended, that refusal to grant temporary injunction, will entail that the plaintiff might be dismissed in "the meanwhile, and so will suffer an irreparable injury. The point is not sustainable on two grounds. In the first place it is a principle for the g..Category: Procedural Law | Date: | Hits: 107
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ...... is based on well established principles governing the grant of interlocutory injunction. Apart from the reasons given by the learned Judge, it is to be noted that the plaintiffs' grievance of injury, in substance, is one of a pecuniary loss. The loss alleged moreover is too remote. When a t..Category: Civil Law | Date: | Hits: 106
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. ...... Similarly, if such an instrument authorises or requires the doing of any act the principles to be applied in determining whether a person injured by the act has any right of action in respect of the injury, are no different from those applicable where damage results from an act done under the direc..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. ......s Minu under the order of appellant Hafez Abul Khair. Having come to know of this incidence P.W. 10 Abdul Karim Baksh, father of Yusuf went to the Hill and brought the dead body of Yusuf. A bullet injury was found on the chest of Yusuf. Many people saw the dead body in the house of Yusuf's fathe..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....r section 339B of the Code of Criminal Procedure under section 302 of the Penal Code for causing death of driver Siddique Bhuiyan @ Raja Mia and under sections 326/307 of the Penal Code for causing grievous hurt to PW 2 Md Mominul Ahshan. 8. In all 12 witnesses were examined......bdul Awal. 4. PW 1, brother of PW 2, having had message over the telephone at about 8-00 hours in the morning of 4th March, 1987 that his younger brother (PW 2) with the bullet injury had been admitted at Dhaka Medical College Hospital went there and he (PW 2) narrated to hi..Category: Criminal Law | Date: | Hits: 74
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. ...... offence is murder, if the offender knows that the particular person injured is likely, either from peculiarity of constitution, or immature age, or other special circumstances, to be killed by an injury which would not ordinarily cause his death. Illustration (b) given in this regard in ..Category: Criminal Law | Date: | Hits: 59
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......and minor son of the deceased deposed that Asia died at the time of Zohr prayer. Second ground was that though the definite case of the prosecution was that Asia was also beaten by bamboo stick, no injury was found on the dead body. Third ground was that the prosecution adduced only two alleged e..Category: Criminal Law | Date: | Hits: 67
State Vs. Shahjahan, 2001, 30 CLC (AD)
....he was taking food in his hut. At that time convict Mahfuz out of previous enmity suddenly entered into the hut with the intention to murder him and assaulted on his back with a dagger causing two grievous injuries. To save himself accused Shahjahan tried to take away the dagger from the hand of......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ..Category: Criminal Law | Date: | Hits: 55
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ...... him. The Investigation Officer in his alleged further report went to the extent of saying that the records of the hospital showed that Mokhlesur Rahman was admitted in the hospital after his injury caused by the present petitioners. This shows and there are observations in the so‑ca..Category: Criminal Law | Date: | Hits: 57
State Vs. MA Malik, 1995, 24 CLC (AD)
....ly, he submits that the respondent being accused of an offence punishable under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1993 for attempting to cause death of and causing grievous hurt to his wife for dowry and charge sheet having already been submitted against him on 2......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....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 ......r 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 person or property of another; or the Court regards it as immoral, or opposed to pub..Category: Family Law | Date: | Hits: 162
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......se and for stifling a criminal prosecution and hence the kabalas are void and hence the suit. 3. The case of defendant Nos. 1 and 2 was that the plaintiff and his wife willfully caused injury on different parts of the body of defendant No.1 by a Sharp-cutting weapon for which she rem..Category: Property Law | Date: | Hits: 72
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... a receiver of any property when it appears to it to be just and convenient. The Court may think it just and convenient when it is necessary for the protection of the property of prevention of any injury to the property but not simply when it thinks to do so. It is no doubt a discretionary power..Category: Property Law | Date: | Hits: 61
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. ...... on the dead body of the deceased: 1. One incised wound on the left parietal occipital region 5" x ∕з" upto cervical cavity. 2. Another mark of injury in the left side of head directed from above downwards the bone on the side bearing the m..Category: Criminal Law | Date: | Hits: 62
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
.... a Division Bench of this Court in the case of Amir Hossain Talukder and others vs. Crown, 9 DLR Dacca 71 it has been clearly held after full discussion that convictions and separate sentences for grievous hurt and unlawful assembly with a common object of causing hurt are permissible. The fact......isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ..Category: Criminal Law | Date: | Hits: 69
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. ......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 9 Sub-Inspector, Khand..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. ......he appellant did not suffer permanent disablement nor was his earning capacity reduced in any way. The respondent contended that a sum of Rs. 300.00 was paid to the appellant after he sustained the injury though no service was rendered by him thereafter. The respondent, therefore, contended that..Category: Labour and Industrial Law | Date: | Hits: 118
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