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Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......named." 13. In Khem Karan Vs. State of UP AIR 1974 SC I567 where a large number of the accused were acquitted and the remaining who were convicted were less than five and the Court took care to find that there were other Persons who might not have been convicted or identified but wer..Category: Criminal Law | Date: | Hits: 65
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....sly in the paddy field. In due course, investigation was held and the accused along with eight others was put on trial on a charge of murder. His defence was that at the relevant time he was under medical treatment in Dhaka and that no such incident as alleged by the prosecution took place at th......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......ther written instrument affecting legal rights or obligations, falls to be construed in the light of its subject‑matter and of the surrounding circumstances with reference to which it was made……care must be taken to distinguish between judicial reasoning which depended on the express words use..Category: Administrative Law | Date: | Hits: 203
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ...... between the parties, who are close neighbours, the possibility of false implication of the appellants cannot be altogether ruled out. The High Court Division has apparently failed to consider with care this aspect of the matter which, in our opinion, has caused a failure of justice. In th..Category: Criminal Law | Date: | Hits: 60
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
.... (4) One incised wound 1" X ¼ " x muscle on the interior aspect of the metacarpal pharyngeal joint of the left‑index finger." 10. Thus, the nature of medical evidence on record also corroborates the confessional statement, Ext, 5 of Abdul Khaleque ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ...... have used that phrase a little earlier But the matter could have been in some doubt and, it is in order to avoid that doubt, that the Legislature has, I think expressly conferred these powers, using care at the same time, by employing the words "including the powers of", not to prejudice the genera..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......tments shall be considered directory only or obligatory with an implied nullification for disobedience. It is the duty of Courts of Justice to try to get at the real intention of the Legislature by carefully attending to the whole scope of the statute to be construed.” Liverpool Borough Ban..Category: Constitutional Law | Date: | Hits: 365
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......ants. This classification into territorial jurisdiction, pecuniary jurisdiction and jurisdiction of the subject-matter is obviously of a fundamental character. Given such jurisdiction, we must be careful to distinguish exercise of jurisdiction from existence of jurisdiction for fundamental..Category: Alternative Dispute Resolution | Date: | Hits: 258
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295....... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295...Category: Trust/Waqf Law | Date: | Hits: 182
Md. Abdur Rahim Mondal Vs. State, 1977, 6 CLC (AD)
....n of the appellant as well as of Pakistan Army in killing Saimuddin in the manner it were done. The appeal is, accordingly, dismissed. Ed. This Case is also Reported in: 29 DLR (SC) 246. .......A. 1955 page 228. In these two devisions it was held that the common intention within the meaning of section 34 of the Penal Code pre-supposes prior concert. It also requires a pre-arranged plan and care must be taken not to confuse same or similar intention with common intention; the partition whi..Category: Criminal Law | Date: | Hits: 63
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....r officiating capacity, and may be given substantive or officiating promotion as the authority may decide. It is on record that the appellant allowance at the rate of 20% of his grade pay and medical facility as per rules of the Government. His leave was also to be governed by Service Rules...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ...... Code in the following manner, at page 131 of the report: ".......Since the powers, as recited in section 151 of the Code are very wide and incapable of any precise definition, it requires great care and circumspection on the part of the Court in their exercise. A long line of judicial deci..Category: Property Law | Date: | Hits: 118
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....rity, which, thereafter, came under the administration of the Board on behalf of Minister of Health. The continuance of Barber's employment was subject to the terms and conditions of the service of medical staff staled in a Memorandum of June, 1949, issued by the Minister. By clause 16 of thos......s for such remedies as administrative law may grant, such as a declaration that the dismissal is void. I think, there is validity in both of these arguments, but they, particularly the first, must be carefully used. It involves the risk of compartmental approach which, although convenient as a solve..Category: Employment/Service Law | Date: | Hits: 170
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 11. In the case of Ijjatulla Akanda vs. Emperor the allegations against the accused persons were that they had abducted a woman named Abeda Khatun who was later found to be dead and on the medical evidence death was established to be due to asphyxia and that it was a case of homicide. Af......f as to be put in danger, of being murdered is established. The learned judges further observed as under: "The proof of this 'intention is indeed difficult. This must be carefully kept in view in drawing a conclusion from the facts and circumstances of each case. The ..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ccused persons fled away. An UD case was registered with police station on 17-4-90. Inquest of the dead body was held on that date at 5-00 PM. Thereafter, the dead body was sent to the morgue and a medical board held autopsy of the dead body on 1 8-4-90. After investigation police submitted charg......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ...... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ..Category: Property Law | Date: | Hits: 56
State Vs. Shahjahan, 2001, 30 CLC (AD)
....bsp; The Penal Code, 1860 (XLV of 1860), Section 100 The prosecution having failed to explain satisfactorily the incised injuries on the back of the accused supported by medical certificate the plea of right of private defence of life of the accused can not be brushed ......ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ..Category: Criminal Law | Date: | Hits: 55
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ......by Joy Gopal Das after the death of Noni Gopal Das in Probate Case No.4 of 1967 and the probate was granted on 28-2-1968. Ashutosh Das during his lifetime appointed the plaintiff Khalilur Rahman as care-taker of the property in 1957 and since then he had been possessing the suit property on behal..Category: Property Law | Date: | Hits: 64
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