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State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267....... that the accused persons did not allow them to go near their house and out of fear of gunshot, they did not dare to enter into the house of Matbar Ali. After Johar prayer the OC came to the place of occurrence and Abdul Mannan, the informant, lodged the First Information Report with him. The OC alo..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263....... the complainant opposite party No.1 adjacent to the said building and caused damage of the structures along with other materials of the said Chouchala House to the tune of Tk. 2 lacs. Just after the occurrence the Supervisor of the said Cold Storage gave an information to the Officer‑in‑charge ..Category: Criminal Law | Date: | Hits: 88
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......m that the accused persons did not allow them to go near their house and out of fear of gunshot they did not dare to enter into the house of Matbar Ali. After Johar prayer the OC came to the place of occurrence and Abdul Mannan, the informant lodged the First Information Report with him. The OC alon..Category: Criminal Law | Date: | Hits: 68
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......esses were all in the position of bribe‑givers themselves and there was as such no corroboration by any independent witness. Further it was observed that there is no other witness who could see the occurrence. So the background of that case for refusing to direct re‑trial was completely differen..Category: Criminal Law | Date: | Hits: 52
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......p, Taher, Hannan pressed her husband and accused Khelu Mia cut the throat of tier husband by knife which caused his death and thereafter they left away; that the informant PW 1 coming to the place of occurrence heard the names of the 4 assailants out of 5 from PW 2 and he himself disclosed the name ..Category: Criminal Law | Date: | Hits: 82
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ......er of the goods and from whose possession those were seized. 13. PW 10 Md. Moazzem Hossain was the Investigating Officer of the case. He stated that he examined the witnesses, visited the place of occurrence, seized the alamats and submitted the charge sheet. In cross‑examination he said that n..Category: Fiscal/Taxation Law | Date: | Hits: 101
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
.... disposed of on the ground of satisfaction of the decree as the delivery of possession to the petitioner was for the benefit of all the several joint decree‑holders‑opposite parties. Mr. Karmaker places the relevant laws and cites a number of decisions in support of his contentions which will be......ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ..Category: Procedural Law | Date: | Hits: 81
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......hereafter on the order of accused petitioner Barik, accused Mogal fired another shot from his rifle whereupon the informant party had dispersed and then the accused persons departed from the place of occurrence. Shahabuddin was found lying with bleeding injury and subsequently he died. The case was ..Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
.... sides of injuries noted above. Perforations of ille ad ilie and clotted blood in carninal cavity. One broken bullet has been recovered. Perforation of plura and lower lobe of left lungs at two places and one bullet has recovered and also small fragment of bullet has recovered. Perforation of ...... brother's son Kaoser Ahmed in order to facilitate the acquisition of the property of his brother Haji Muhibur Rahman, who was paralytic person lying in bed in an unconscious condition at the time of occurrence. The dead body of victim Kaoser Ahmed was produced before doctor Mojibur Rahman (PW 13) b..Category: Criminal Law | Date: | Hits: 93
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....s. Province of East Pakistan, 22 DLR 646 which has been followed in the case of Syed Ahmed Vs. Keshab Chandra and another, 1988 AD 60, to which I was a party, supports this view. Mr. Chakraborty also places reliance upon the aforesaid decision to submit that the present case requires an enquiry as t......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......sappropriated Tk. 13,51,119.00 withdrawing the said amount in the name of business development in the name of various (fictitious) persons. It is stated in the FIR by the informant that the aforesaid occurrences of criminal breach of trust (committed by the accused) were detected by the Inspecting T..Category: Criminal Law | Date: | Hits: 125
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....he allegations and asserted that these were duly and legally served. Under Rule 4 of the Acquisition of Immovable Property Rules, 1982 such notices are to be served by affixing the same at convenient places on or near the property sought to be acquired displaying copies of such notices on the notice...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... workers from Koyra, Pikegacha and Ashashuni (of Shatkhira District) had come to the area in dry season. They had worked up to Autumn and thereafter left. During that period the said workers used the places of their temporary residence as their addresses. 17. P.W.13 Nikhil Ranjan Mallik, a former......ts. It appears from the evidence that the Informant (P.W.2) and Investigating Officer (P.W.16) had no personal knowledge about the subject matter of the case. They did not know and visit the place of occurrence, except once. The basis of implicating them (respondents) in the present case was that th..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....ny workers from Koyra, Pikegacha and Ashashuni of Shatkhira District had come to the area in dry season. They had worked up to Autumn and thereafter left. During that period the said workers used the places of their temporary residence as their addresses. 17. P.W.13 Nikhil Ranjan Mallik, a former......ts. It appears from the evidence that the Informant (P.W.2) and Investigating Officer (P.W.16) had no personal knowledge about the subject matter of the case. They did not know and visit the place of occurrence, except once. The basis of implicating them (respondents) in the present case was that th..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ed that the informant had seized records of ten projects from his office. In cross-examination he stated that out of curiosity he had visited the projects area and saw the lake extended and two other places filled up by earth. 13. P.W.7 Md. Nurul Haque, an Office-Assistant to the Project Implemen......ts. It appears from the evidence that the Informant (P.W.1) and Investigating Officer (P.W.15) had no personal knowledge about the subject matter of the case. They did not know and visit the place of occurrence, except once. The basis of implicating them (respondents) in the present case was that th..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....d Mintoo went to the house and after having consultations removed Kazi Rehana Akhter to the residence of one Rashid at Chittagong. The petitioner and his sons and others searched for her at different places for 2 days and having failed to trace out her the son of the petitioner made a GD Entry in th......th a child but it does not render the marriage invalid." 19. Oldfield J in the case of Muthu Ibrahim and three others reported in 37 (1914) ILR (Mad) 567 held: "According to Mohammedan Law, the occurrence of puberty determines minority and the mother's right to custody but for the purpose of s..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....ay, by notification in the official Gazette declare to be a commercial establishment for the purpose of this Act." 14. These definitions which are consistent with one another in which it finds its places and expressed in the background of the particular enactment as quoted herein before do not ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......in (P.W.1), a Sub-Inspector of police, on the basis of information about the unnatural death of Lipi Begum, he was entrusted with the task for ascertaining the cause of death. He went to the place of occurrence, held inquest on the dead body, sent the death body to the morgue and after receipt of th..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......ing for the petitioners contended that the learned Judges of the High Court Division erred in law in maintaining the conviction and sentence of the petitioners in failing to consider that the alleged occurrence took place on 22nd November, 1995 and the victim died on 15th March, 1996, after about fo..Category: Criminal Law | Date: | Hits: 71
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261....... caused injuries on the person of the deceased. The accused persons also tried to apprehend P.W. Azman Ali but he managed to escape. Thereafter the informant on hearing the alarm went to the place of occurrence and on seeing them accused persons lied away. Thereafter F.I. R. was lodged. Respondents ..Category: Criminal Law | Date: | Hits: 48