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Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ...... created panic in the mind of the ordinary public of the locality. The trial Court considered that it was a special circumstance of the case as the people as a whole were panicky and they had to be careful before deposing against the Chairman and that is why the names of the accused were not men..Category: Criminal Law | Date: | Hits: 61
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......time. There is no controversy regarding such lump sum payments of rent. What is, however, important notice about such payments is that while granting receipts for them the plaintiff-respondent took care in giving such receipts month wise. A question is, do the facts constitute an evidence of a con..Category: Tenancy Law | Date: | Hits: 112
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......isbelieved in any manner. How then the learned Judges could acquit the appellants under section 364/149 Penal Code? This only confirms our impression that the appeal has not been disposed of with the care and in the manner as it should have been. From our consideration of the case it, however, trans..Category: Criminal Law | Date: | Hits: 55
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....y the injuries at the abdomen and the chest, which cut both the lungs. The trial Court accordingly held them guilty of murder. On appeal the learned Judges of the High Court Division, in spite of the medical evidence, expressed doubt as to whether the death resulted from these injuries or from two s...... the learned Judges should not have expressed any imaginary, unfounded, faint doubt about the cause of death. As to the surgical operation, nobody made any complaint that the operation was defective, careless or perfunctory, and it is for the first time during the examination of P.W.8 on dock that t..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......n the landlord withdraws the rents from the account of the House Rent Control Case during the pendency of the suit. Be it noted that in that case the landlord while granting receipt for the rent took care in giving such receipt month-wise. It was contended that though there has been lump sum payment..Category: Property Law | Date: | Hits: 52
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......re filing of an application containing some allegation, such as failure of the company to pay its debts, is not sufficient for its admission along with publication of usual notices. Great care should be taken in admitting an application for winding up, Admission of the application follo..Category: Business or Commercial Law | Date: | Hits: 76
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....pany of the two accused Lalu and Kabir, (ii) marks of violence have been found on the conjunction of Katcha and main road which led to the discovery of the dead body, (iii) dragging marks fit in with medical evidence that the fatal blow was given on the abdomen which caused the deceased to fall on t......n the mind of the accused, depositions and confessions are often found mixed up with truth and untruth. This is for various reasons. It may be due to forgetfulness, inadvertence, ignorance or lack of care or because of falsehood, deliberately designed. So far as assessment of evidence in criminal ..Category: Criminal Law | Date: | Hits: 124
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......1 and his widow plaintiff No. 3 and the predecessor of defendants 8 to 14 and 15 to 19. 3. Plaintiffs' case is that after the death of Hedayet his daughter and widow left the property to the care of Jobeda who possessed the property for and on behalf of the co-sharer and the plaintiffs ar..Category: Property Law | Date: | Hits: 50
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....wo of the three witnesses of the neighborhood who admittedly rushed to the spot after the incident have, it is strenuously argued by Mr. Malek, rendered the claim of recognition doubtful. The medical evidence as to the injuries inflicted on the deceased Idris Mia as found by P.W.3 is in ......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......not be allowed to lead litigants to tarnish, terrorise and destroy the system of administration of justice by vilification of judges. It is not that judges need be protected; judges may well take care of themselves. It is the right and interest of the public in the due administration of justic..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... express in ''District Judge" in its place, the concept of his being subordinate to the High Court Division has been negatived He at first leveled his criticism against the draftsman whose lack of care in drafting the particular piece of legislation led to this unnecessary confusion. Since dist..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......itute of Natore had an infant son aged about 11/2 years; from her Zohura Khaton took the infant and reared him with the consent of Amir Ali who also extended to the child his love, affection and care. It is this boy who is the defendant, Khorshed Alam; he was given education by Amir Ali as he..Category: Family Law | Date: | Hits: 239
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....r his treatment. She was even beaten up by the appellant in presence of the boy. On the other hand, respondent No. 4 spent a huge amount of money in taking the boy to U.K. and in bearing his entire medical and other expenses there. Further, the boy being stricken with a critical disease as menti......mother, being divorced, would teach him disrespect for appellant. 7. Mr. Md.Nurul Huq, Advocate-on-Record, who appeared for the respondents submitted that respondent No. 4 has been taking utmost care in looking after the boy and providing him all necessary treatment in Bangladesh and abroad. On..Category: Family Law | Date: | Hits: 152
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....s deliberately avoided presence of the police lest they were brought into the picture and compelled to give evidence. 8. As to the defence case, the copy of a complaint petition accompanied with a medical certificate of the counter-case has been given as put of examination of the accused under se...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....t may be perceived or apprehended by the finding that Anu Mia struck on the head of Shamsul Huq with iron rod and Idris Pandit therefore, stabbed him on the back with dagger is not borne out by the medical evidence of P.W. 5 Dr. Mustafizur Rahman who held post mortem examination on the dead body ......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 39
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
..... degree from Edinburgh. He was appointed Professor of Medicine 1962 and was confirmed in this post in 1963. He got to his credit the publication of a number of articles and books in the field of medical science and in recognition thereof he was made F.R.C.P. (London) while the appellant was ser......he Rule the appellant amended the Writ Petition by adding the prayer for giving direction to reinstate him in the posts held by him in the Institute. 4. Facts disclosed in the petition traced his career since he joined the service of the Government of East Bengal as Assistant Surgeon in 1952 t..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
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