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Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....y in the probate proceeding brought by the appellant of the will left by the deceased. The question is whether she is entitled to citations within the meaning of section 283 of the Act. The plain and simple answer is in the negative. So what is the compelling necessity for adding her as a party in a......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....d by a Magistrate as in the case of the confessional statement of an accused under s. 164(3) Cr.P.C. The Legislature in its wisdom has put a dying declaration on par with evidence on oath for the simple reason that a man under the apprehension of death is not likely to speak falsehood and involv......to such a statement and it is admissible as substantive evidence...……..(6) The evidence of P W. 2 who found the injured Mahmuda on the floor of the appellant's house indicates that she got the injuries in that house. This is sufficient corroboration of the statement of the deceased regarding ..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... aside. 6. Lastly, he submits that P. W. 9 Abdul Kader is 60 years old close neighbour of the informant who arrived at the place of occurrence first on hearing hue and cry and saw burn injuries on the body of victim Monira alias Khushi. He stated in court “Malek amake karo nam ..Category: Criminal Law | Date: | Hits: 48
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......ner and at the moment Rahim a cousin of the petitioner, aught hold of sahfique, the victim and Mona alais Zillur Rahman the petitioner stabbed the victim on the chest with a knife causing bleeding injuries and as a result the victim feel down on the ground, the accused persons, thereafter f..Category: Criminal Law | Date: | Hits: 43
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......l lying in his hand and accused respondent Obaidul Huqe assaulted Ataur Rahman Toni indiscriminately with hokey stick and other accused persons assaulted him with hockey stick causing multiple injuries and the while mother of Ataur Rahman Toni, namely, Hashimunnessa Khanam raised hue and cry..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....ine of TK.5000/- in default, to suffer rigorous imprisonment for 6 (six) months more and the petitioner Kamala though was convicted under the same section of law, but was sentenced to suffer simple imprisonment for 6 (six) months and pay fine of TK.3000/- in default, to suffer simple......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 27
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......joined in the assault and the victim Saidur Rahman after receiving the sulfi blow on the left side of his chest ran to the courtyard of the house from the back of the pond and succumbed to his injuries there. 3. The police, being informed, came to the house of the informant and found ..Category: Criminal Law | Date: | Hits: 84
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....dated 14-11-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No.772 of 1993 dismissing the appeal, reducing the sentence of fine to Tk. 1000/- in default to suffer simple imprisonment for 6(six) months and affirming the judgment and order of conviction unde...... urgent message the informant at once rushed back to his house with said Atiqur Rahman by motorcycle and found his house crowded and his eldest son Tauhidur Rahman @ Rubel lying dead with some cut injuries on his neck and head that one Ayenuddin of his village approached him and told that Selima..Category: Criminal Law | Date: | Hits: 53
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......d Sabdar Ali and his companion Moslem were also assaulted while accused Shamsu assaulted witnesses Iman Ali with ballam and Rahmat Ali was also assaulted while he protested and that as a result of injuries Shukur Ali died and aforesaid Sabdar Ali lodged First Information Report with the local po..Category: Criminal Law | Date: | Hits: 31
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... the present petitioner gave orders pursuant to which other accused Nos. 4 to 9 mentioned in the First Information Report attacked the aforesaid A. Jalil Munshi with bagi dao etc. causing bleeding injuries on his person and took him to the house of the accused No. 4 and some other accused also a..Category: Criminal Law | Date: | Hits: 47
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ...... husband of deceased Chapa, were away at Calcutta in connection with the treatment of Khalilur Rahman who was a heart patient. On the morning of 19-10-1989 deceased Chapa was found lying dead with injuries on the head and face in her bed along with her about two years old son, Shakkhar, lying un..Category: Criminal Law | Date: | Hits: 129
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....tion for stay at the instance of the party other than the decree-holder who sought to challenge the said decree filing a suit for the purpose. The same is also circumscribed by a discretion for the simple reason that a decree-holder should not be deprived of the fruit of obtaining a decree of th......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......as committed in the house of Subodh Chandra Lashkar, that in the course of dacoity the informant Shubash Chandra Lashkar's father Subodh Chandra Lashkar was critically injured and he succumbed to the injuries inflicted by the dacoits. It was also the case of the prosecution that the dacoits looted a..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....ting the suit. Mr. Islam has candidly submitted that he does not dispute the proposition that notwithstanding the bar of section 6(2) of the Ordinance, the plaintiff could at least file his suit. His simple contention is that but for section 13 of the Limitation Act, the plaintiff has no way to sa......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... be removed to the eastern end after recrossing the Bhanga, knee-deep in water and 25 cubits long? Again, when the house of Siraj, where his dead body was removed, was on the west, why he, with fatal injuries, would be carried to the opposite side and that also in the paddy field? Evidence of P.Ws. ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....rul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order dated 10.2.86 passed by the High Court Division in Civil Revision No. 336 of 1985. 2. Facts are simple:—Plaintiff is the appellant. She filed the suit being Title Suit No. 554 of 1978 in the 1st......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......he learned counsel for the appellants that the cause of death of the victim having been stated in the post mortem report to be some other (heart failure, old age, etc.) than infliction of the alleged injuries by the accused and the victim having died after more than a month of the alleged occurrence..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......ellants Mir Ali burled the ballam blow on the chest of the victim causing his death on the spot. He is alone guilty of murder under section 302 of the Penal Code and other appellants who caused other injuries on the body of the victim are guilty of offences under sections 323 and 324 of the Penal Co..Category: Criminal Law | Date: | Hits: 105
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....atured during the pendency of the proceeding is not curable. This view is untenable. The document itself was produced before the trial Court and before decision was given. 3. Apart from this, a simple illustration from the Code of Civil Procedure will clarify the position. If the petitioner wo...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ..Category: Property Law | Date: | Hits: 34
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....section does not arise. 10. The relevant findings of the learned Single Judge may be set out: “From the terms of the two agreements, it appears that the agreements are something more than a simple agreement for lease. The parties adopted this device for effecting a complete exchange of the...... instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed of sale. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 109. ..Category: Property Law | Date: | Hits: 32
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