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....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......ers and women (underlining is mine)".
55. The difference 'between the terms 'ensures' and 'encourage' hardly needs an underlining. The Local Government institutions are now under the fostering care of the Government. The provision for encouraging Local Government institution as enjoined und..
Category: Election Law | Date: | Hits: 212
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... condition and stored in shed No. 5. When the letter of claim was sent by the plaintiff-appellant and defendant No. 4, the Port Authority, issued a snort landing certificate it ought to have taken care to mention about the delivery of 3337 bags of cement in damaged condition and that they stored..Category: Civil Law | Date: | Hits: 89
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......are sold by a creditor bank, a guarantor has no claim against the bank with regard to any alleged negligent disposal of the security and that the bank owed no duty to the guarantor to take reasonable care and skill obtain the best price reasonably obtainable. 24. Dr. Hossain then referred to the..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... that in absence of Proprietor Mr. L.Y. Fing is going to Karachi for treatment, we will run the restaurant as usual with the following instruction of the proprietor. 1. That we will take proper care of the assets both moveable and immoveable. 2. That none of us will go on leave till the pr..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
.... that running of any business was not included among the purposes of the Trust. The purposes of the Trust included relief to the poor, promotion of education, establishment of schools, provision of medical assistance and relief to the distressed persons, erection of mosques and maintenance of pla......mption that because the institution is a religious or charitable trust, all of its activities must be supposed to be for the carrying out of a religious or charitable purpose. The proviso is carefully worded to distinguish activities whose object is to implement or effectuate directly a r..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....y the learned Judges that the will was written without the help of any draft, that the thumb impression of the testator was put at the top of the document instead of the bottom and that there is no medical evidence in support of the paralysis of the testator affecting his right hand due to w......on becomes heavier for the profounder, or the person who claims under the will and that the Court in such cases must take every caution in accepting the evidence as to due execution and that if on careful investigation the suspicion is not removed, then the evidence as to execution should b..Category: Property Law | Date: | Hits: 118
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....pondent Judgment October 19, 1983. Criminal Trial PM Examination Report In discharging his professional duties, a doctor must strictly observe the rules of medical ethics and jurisprudence as well as have regard to the laws of the country which do not spa......o be incorrect. Such explanation seems to be unacceptable for the simple reason that when the second report was going to be directly opposed to the first report the petitioner should have taken due care to get the order of the superior officer in writing the circumstances in which a fresh report ..Category: Criminal Law | Date: | Hits: 58
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......y the learned Judges for not sending information regarding the escape of the Trawler to the High Court Division, Subordinate Judge, 3rd-Court, Chittagong and also for the neglect in not taking proper care of the Trawler as the custodian. Direction was issued to the learned Subordinate Judge to pro..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......y;ment or damage to the disputed property having been made or established before the Court, there is no case for the appointment of a receiver. Appellant No. 1, being the eldest son, not only took care of his mother and his brothers and sisters including plaintiff-respondent No. 1 whom he b..Category: Property Law | Date: | Hits: 45
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......t reconsider the materials before the Judge with such other materials as it may have decided to admit. The Court must then make up its own mind, not disregarding the judgment appealed from, but carefully weighing and considering it; and not shrinking from overruling it if on full consid..Category: Property Law | Date: | Hits: 30
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....fficult to accept. 15. The learned Advocate next contends that the oral evidence of PW 2 indicates that the deceased Dilara sustained two major injuries on her back. Whereas the medical officer found six injuries and as such according to him the four other injuries remained un......icer‑in‑ Charge entrusted the investigation of this case to him on the spot. This police officer investigated into the case and thereafter submitted charge‑sheet. 11. On a careful consideration of the entire evidence as narrated above, it appears that within 75 minutes ..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed....... as the new owner of the suit premises; that the defendant is a worst defaulter, he did not clear rent in time to the plaintiffs' predecessor and since purchase, in spite of reported request, did not care to pay rent to the plaintiffs for the period from 1. 11.79 to date, that is, 31.8.83; that the ..Category: Tenancy Law | Date: | Hits: 101
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......' before recording a conviction under & first part of section 304. The judgment in such case not only becomes open to criticism but also demonstrates a lack of application of judicial mind and care. 14. It has therefore fallen on us to consider whether the conviction as recorded was ..Category: Criminal Law | Date: | Hits: 51
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ...... stated in his evidence that Sunil had been working in the suit shop as his employee since 1983. This statement is not admissible in evidence being outside of the pleadings. DW 2 Sunil did not even care to corroborate this statement of DW 1. So much for this aspect of the defence case over which ..Category: Property Law | Date: | Hits: 30
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....y at 6-00 or 7-00 PM. After alighting from the bus at 4-00/4-30 PM the deceased was taken only hall a mile away and he was done to death very soon after sunset. This conclusion is consistent with the medical evidence on record. The margin of error in calculation of the approximate time of murder is ...... accused Khasru and accused Nowab were produced in open court on 18.5.79 giving the witnesses a chance to see them." The learned Additional Sessions Judge had considered this aspect very carefully and further found that the Magistrate PW 16 has not noted anything in his report of TI Par..Category: Criminal Law | Date: | Hits: 38
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....arned Judges of the High Court Division. The learned Judges of the High Court Division observed in their judgment as follows: "From the evidence of PWs 1, 2, 5 and 6 and from the corroborating medical. evidence of PW 11 we are left with no doubt whatever that Halima Khatun was brutally murder......atement made in Ext. 6 the respondent was not confronted in examination under section 342 of the Code of Criminal Procedure, either with Ext. 6 or with the evidence of PW 15, though his attention was carefully drawn to the evidence of other material witnesses like PWs 1, 2, 5, 6 and 11. 10. The H..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....hjahan, appellants Anwar and Sultan dealt him lathi blows one each; Anwar hit him on the head and Sultan at the chest, as a result of which he fell down vomiting and unconscious. He was first given medical treatment in Changutia hat and from there he was removed to Jessore Sadar Hospital at abou......he incident, which according to him, took place at broad day light. When the incident took place on a public road near the shop of owe Mohan disinterested witnesses could have been examined. 9. On careful examination of the record of deposition of the case we find that the evidence of the vital..Category: Criminal Law | Date: | Hits: 53
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....h were ante mortem and homicidal in nature". The doctor was not asked any question about the said opinion nor any question as to any exit wound or bullet. If asked and confronted with any treatise on medical Jurisprudence the doctor could give information both as to the said facts as well as to th......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
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