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Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....d Munsif on a discussion of the evidence of the defendants alone without discussing the evidence of the plaintiff found that the plaintiffs have no possession in the suit land and that the suit for simple declaration on payment of fixed Court Fee of Taka 20/- only is not at all maintainable and i...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....n why the respondents should be deprived of their legal right based thereon. His attempt to get any interpretation of section 8 of the Act which will be favorable to the appellant must fail for the simple reason that the words used therein are, indeed, very clear. It says that no action to enfor......ce any claim or lien against a vessel or her owners in respect of any damage or loss to another Vessel, her charge or freight, or any property on board her, or damage for loss of life or personal injuries suffered by any person on board her, caused by the fault of the former vessel whether suc..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....l further proceedings, including investigation, were stayed till disposal of the Rule. The Rule was disposed of on 22 May 1983, that is, after a period of over six years. It is unfortunate that a simple matter like this took such along time for disposal during which the entire machinery of inves......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....the preliminary decree but before the final decree was passed, non-substitution of their heirs did not cause any damage to the decree or its execution. The reason for this principle of law is very simple; it is that the rights of parties to the suit have been conclusively determined in the preli......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......in from there crossed to the eastern room of the same dwelling hut. The accused chased them upto the eastern room and inflicted several dagger blows on the back of Dilara who after receiving those injuries, fell on a chouki and become senseless. Soon thereafter she was taken to Pabna Hospital w..Category: Criminal Law | Date: | Hits: 58
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
.... Mustafa Kamal J.- This appeal by special leave by the landlord-appellants is confined to the consideration of a simple question, namely, whether the High Court Division was correct in interpreting proviso (c) to......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....papers and the plaintiffs rent receipts which were not challenged by the defendants and held that appellate Court ought to have presumed that the mutation, an official act, was duly done, 8. In a simple suit for permanent injunction with regard to a disputed landed property the relief is availab......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....sp; Mustafa Kamal J.- Leave was granted to the landlord-plaintiff-appellant in this appeal to consider the simple question whether the High Court Division exceeded its revisional jurisdiction under section ......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. ..Category: Property Law | Date: | Hits: 30
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ntention of causing it to be believed that such document was executed by or by the authority of a person by whom or by whose authority he knows that it was not executed. The underlying principle is simple. If a property belongs to A and B purports to sell it by executing a deed in his own name an...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....d in the outskirts of Gaya on the following morning, that a knife said to be belonging to the accused was found by the side of the deceased which was blood‑stained and that the accused himself bore simple injuries on his person shortly after the incident. Evidently, the distinction between that ca......arge‑sheet on 25.6.79 13. PW 17 Dr. Jamiruddin Ahmed, Assistant Surgeon, Faridpur Jail Hospital held autopsy on the dead body of Khairul Alam at 1‑30 PM on 6.1.79 and found seven penetrating injuries each measuring ½" in diameter on the front part of the neck. He opined that the..Category: Criminal Law | Date: | Hits: 38
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... original plaintiff brought the suit when notice under section 5 of the said Act was served upon him but he did not impugn the said notice in the suit which he ought to have done. In the guise of a simple suit for permanent injunction the plaintiff was in fact making a challenge to the acquisiti...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....was killed there. 11. In criminal cases section 106 of the Evidence Act, is attracted in exceptional cases where a role fact is pre-eminently within the knowledge of the accused. The rationale is simple. It is just and proper that the accused is to prove a fact that is especially within his know...... Halima's two uncles, PW 1, PW 2, brother, PW 5 and mother, PW 6 went to the house of her husband and found Halima lying dead on the floor of the dwelling hut of her husband bearing marks of multiple injuries. PW 1 Sahiruddin went to the thana to lodge the FIR, but the police officer refused to reco..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......cross‑examination clearly shows that she did not herself see the occurrence as she testified in her cross-examination that she heard about the inflicting of dagger injury by Salem and inflicting of injuries by others. An eye witness who really saw the occurrence would not normally admit in this wa..Category: Criminal Law | Date: | Hits: 51
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 two rashes to the west from the ghat the respondents and some others attacked Shamser Ali Amin with dagger and lathi. The respondents struck several blows on his person with dagger causing bleeding injuries. P.W.5 Meheruddin advanced to save Shamser Ali but he was also assaulted with lathi. Being ..Category: Criminal Law | Date: | Hits: 53
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......leged that on 21.5.85 at about 2 p.m. men of Bachhu Haider committed large scale rioting in Dighirpar Bazar with fire-arms etc. in which two people, Mobarak Haider and Dulal Haider, received gun shot injuries and died. On the following day i.e. 22/5/85 one Ferdous Haider lodged an F.I.R. with Tongib..Category: Criminal Law | Date: | Hits: 48
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....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 ......0 plots of land. On hearing the sound of gunfire and die alarm raised by the inmates of the house Wazed Ali came home and found his father lying seriously injured on the floor containing two bullet injuries below the chest. He found Ayesha, Anjuman Ara, his brother Anisur Rahman (P.W.4) and neig..Category: Criminal Law | Date: | Hits: 32
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 ......Soon thereafter another bomb was thrown inside the shop of Efaz. It is said that upon order passed by appellant No.1 Ibrahim Molla accused Mostofa hurled the bomb in the shop of Efaz causing severe injuries to the person of Efaz. The whole area was covered with smoke, people became panicky and Naw..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 ....... 3. Mr. S.M. Hussain, Learned Advocate for the appellant Bandez All, has concentrated his arguments on the propriety of the conviction for "murder" only. He has contended that the nature of the injuries found in the dead body of Wayezuddin, the weapon used and the circumstances of the case cle..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... made over to the requiring bodies under a deed of transfer allowing them to hold such land free of rent after realising capitalized value of Government revenue or rent. As there arc to be no fee simple or rent free lands now after state acquisition the question of extinguishing the free holds c...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......vidence of the other (P.W.12) is that when he was going to the house of his father-in-law in village Hazikhali he came across the incident in which the accused persons including Rashid caused fatal injuries with daggers to Wazed. Their evidence was rejected as "doubtful” by the appellate court..Category: Criminal Law | Date: | Hits: 45
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