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Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....mated to imprisonment for life when the accused suffered agony of death due to long delay in executing death sentence The death sentence has not been executed after more than four years from the date of confirmation of the sentence by the High Court Division and the appellant has suffered a pro......ith a torch light. Waziar focussed the torch and dealt a dao blow on the neck of her husband and then ran out of the hut. P.W.2 told P.W.1 Moyezuddin who came to the victim's house soon after the occurrence that Waziar and Yasin murdered her husband. She also told her co‑wife P.W.6 that she re..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ......nce. 14. PW 5 AM Shakhawat Hossain said that he was SI of police at Narayanganj police station. He said that he took up the investigation of the case at the order of PW 4(OC), visited the place of occurrence and produced the victim girl for recording her statement by Magistrate under section 164 ..Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99
Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)
....instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No.16. Ex parte - Respondent Nos. 9-10 & 13-15. Criminal Appeal No.17 of 1987. (From the judgment and order dated 3.11.1985 passed by the High Court Division, Barisal Bench, in Criminal Revision No.46 of 1985......Railway employee engaged in his duty at Chittagong on the relevant day. On perusal of these papers, the Magistrate carne to a "finding" that as these accused were far away from the scene of occurrence it was not possible for them to commit the offence at the time and place alleged by the I..Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60
State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)
.... instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents Nos. 1 and 3-4. Ex‑parte ‑ Respondent No.2. Criminal Appeal No. 30 of 1986. (From the Judgment and Order dated 20.5.85 passed by the High Court Division, Barisal Bench in Criminal Appeal No.9 of 1982.) ......r is the elder brother of deceased Abdul Hakim. They used to live in separate houses in the same village. P.W.1 Abdur Rab Talukder was the informant in this case but he is not an eye‑witness of the occurrence. He, however, stated in his evidence that on Saturday, the 4th Sraban, 1386 BS correspond..Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....ion is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to the mistake or default of the court or its officers When an injury is c......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....ynul Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not Represented-Respondents. Criminal Appeal No.7 of 1986. (From the judgment and order dated 1.8.1984 passed by the High Court Division, Barisal Barisal0 Criminal Revision No.11 of 1984)....... The impugned order of the High Court Division is set aside and that of the Sessions Judge is restored. The appeal is allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 118. ..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....ed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1(a) to 1 (e). Not Represented - Respondent Nos. 2‑8. Civil Appeal No. 85 of 1989. (From the judgment and order dated 29.8.1989 passed by the High Court Division, Sylhet Bench in Civil Revision No. 103 of 1985). ...... present case, the same suffers from no illegality. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 89. ..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
....s. B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent (State). Criminal Appeal No.19 of 1988. (From the judgment and order dated 29.6.66 passed by the High Court Division, Dhaka in Criminal Appeal No.47 of 1985). Judg...... his left shoulder. Other accused persons beat the informant and injured him. P.W.3 Sharbat Kha, P.W.5 Sekandar Kha, Sekandar Bari, Jalu Madbar, Alauddin Madbar and other people carne to the place of occurrence on hearing hue and cry. The accused persons fled away towards the western side. Some of t..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....ate instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent No. 3. Ex parte - Respondent Nos. 1-2 and 4-12. Criminal Appeal No. 39 of 1985. (From the Judgment and order dated 12th August, 1985 passed by the High Court Division Comilla Bench, Comilla in Civil Rule No. 3......ly found them guilty for contempt of court. 7. Mr. MG Bhuiyan, learned Advocate appearing for the appellants, submits that though there is no specific denial by the appellants that on the day of occurrence they cut and Look away paddy from the suit 8. On a perusal of the counter‑affidavi..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....bullah looked after the affair of the bank in liquidation 31st August, 1971 when Bangladesh Bank took over the charge of the affairs of the said Bank as Official Liquidator as per order of this Court dated 26th July, 1977. At the time of handing over charge Mr. Shehabullah could not hand over many o......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....r the Appellants. B Hossain, Deputy Attorney‑General, instructed by AW Mallik, Advocate-on-Record - For the Respondent. Criminal Appeal No. 11 of 1990 (From the Judgment and order dated 21.1.90 passed by the High Court Division, Dhaka in Criminal Revision No. 83 of 1990). J......arned Counsel for the accused-appellants, has taken us through the judgment of the Appellate Court. The learned Additional Sessions Judge found that PW 1, the informant, was not an eye-witness to the occurrence. PW 2 is a labourer. PW 3 is an unemployed person. PW 4 has filed a Criminal Case against..Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....the Appellants. Golam Rabbani, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent. Civil Appeal No. 15 of 1986. (From the Judgment and Decree dated 10.12.84 passed by the High Court Division, Rangpur Bench in Second Appeal No.162 of 1974). ......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....vocate, Supreme Court instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondents (in both the petitions). Civil Review Petition Nos. 11 and 12 of 1990. (From the Judgment dated 19 April, 1990 passed by the Appellate Division in Civil Petition Nos. 470 and 471 of 1989). ......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....arty No. 1. Civil Revision No.53 of 1987. Judgment Muhammad Ansar Ali J. - This Rule issued at the instance of the plaintiff Petitioner is directed against the judgment and order No.12 dated 26.12.84 passed by the learned District Judge, Rajshahi in Miscellaneous Case No.121 of 1984 u......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
....onviction is, on the face of it, without jurisdiction, being beyond the time specified in the section. Magistrate has no jurisdiction to pass order of restoration after the expiry of 30 days from the date of the conviction. 38 Cr LJ 981 cited. The order of resptoration of property may be made b...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....pondent No. 1 (In Civil Appeal No. 15 of 1990). Not Represented- Respondent Nos.2-14 (In Civil Appeal No.15 of 1990). Civil Appeal Nos.13 and 14 of 1990 (From the Judgment and order dated 27.8.86 passed by the High Court Division, Dhaka in Appeal from Original Order No.239 of 1986 ...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....ice Chairman, Bangladesh Agricultural Research Council and another..........Opposite Parties.
Judgment
June 20, 1990.
Result:
The Rule is made absolute
Prior notice with date of hearing for enquiry should be served to the petitioner.
In hearing of an enquiry the pr......reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....on-Record–For the Respondent No.1 (In Civil Appeal Nos.42 to 44 of 1986). Not represented-Respondent Nos.2-5. Civil Appeal Nos.39 to 44 of 1986. (From the judgments and orders dated 23.4.1986 passed by the High Court Division, Dhaka, in Company Appeal Nos. 5, 6, 7 of 1985). ......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
.... by Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 10. Ex parte -Respondent Nos. 2 to 9(a) to 9(J), 11 to 15. Civil Appeal No. 21 of 1985. (From the judgment and decree dated 13.10.83 passed by the High Court Division, Comilla Bench, in Second Appeal No. 94 of 1968). ......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
Fazal & others Vs. State, 1990, 19 CLC (HCD)
.......Petitioners Vs. The State ........................................Opposite party Judgment May 14, 1990. Result The Rule is made absolute. Every judgment shall be dated and signed by the presiding officer in open court at the time of pronouncing it. Hence putting......h the hands of victim Majid with gamcha while accused petitioner Adhari stabbed him on his right arm causing bleeding injuries. Accused petitioner Mahal had helped the said two accused at the time of occurrence. The accused also took away cash money amounting to Taka 1, 170/‑, a gold ring valued a..Category: Criminal Law | Date: 14 May, 1990 | Hits: 66
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