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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......etitioner 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: 51
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....ce of the Karachi Stock Exchange in its general dealing with its members. We consider however, that the appropriate course in this case is to confine the examination to the question whether, on the simple facts as they appear in the case, in relation to Mrs. Purviz Dalai, the sum of Rs. 15,000...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
.... of Pakistan Penal Code and section 5(2) of the Prevention of Corruption Act and sentenced him to imprisonment till the rising of the court and to a fine of Rs. 1,000/- and, in default, to six months simple imprisonment. 7. Leave was granted in this case to consider the appellant's contentions ......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......roaching the Court against the order granting bail moved the High Court on 14-12-1970 for cancellation of bail inter alia on the ground that the respondent No. 1 was armed with a balam and had caused injuries with it to the petitioner as well as his uncle Dossa, P.W. After causing these injuries he ..Category: Criminal Law | Date: | Hits: 60
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ut yielding any result, but that did not mean that another Single Judge must also have dragged the appeal to the same length in the same fashion. To my mind, the question involved in the appeal was a simple one, namely, whether the appellant was correctly recognised by the victim, Arif Mirza, and ......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... filed by the second defendant before the learned Subordinate Judge there is nothing to indicate that it was not well in to submit to the jurisdiction of the Court and the said petition contains a simple prayer for the suit against the second defendant be stayed pending the decision on the first...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
.... the 2nd Additional Sessions Judge and Special Judge, Dhaka in Special Case No.11 of 1992 and was sentenced to imprisonment with fine of Taka 5,48,70,800 and in default of payment of fine to suffer simple imprisonment for two years more. The matter ultimately came up before this Division wherein ......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ..Category: Criminal Law | Date: | Hits: 66
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......a deposed that he received the dead body of deceased Mostafizur Rahman as identified to him by the aforesaid three Constables and on 19-4-1990 he held postmortem examination and found eight incised injuries of different sizes on the dead body and most of the injuries were found on the left side o..Category: Criminal Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......hman by a dao, accused Omar Ali struck Habibur Rahman by lathi and that accused Kashem struck Habibur Rahman by rifle. The accused persons also entered into the room of Motiur Rahman and inflicted injuries on him. Injured persons were taken to hospital and there Habibur Rahman died on 15th June,..Category: Criminal Law | Date: | Hits: 76
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......he night following on 5-10-1989 deceased Sabila Khatun died and from the evidence of PW 3 Dr Ahmed Ali Akon it appears that the death was the result of strangulation and the Doctor also found some injuries on the person of the deceased and the Doctor opined that the injuries he found were ante m..Category: Criminal Law | Date: | Hits: 52
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
..... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ......by-election could not be held peacefully which have been reported in national dailies on 15-11-1999. There were widespread violation, assault on a good number of voters some of whom received bullet injuries and the election was held in gross violation of election law and rules at the behest of t..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......rul Islam, Salam’s mother and maternal uncle along with some other people rushed to the spot and found the dead body of Salma inside the bag having 3/4 inches cut injury in her throat and found cut injuries in her both ears; that she had two ear-rings weighing about 6 annas. It is stated that the ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....vestment of fund of the society. From a consideration of the materials on record we hold that BRAC cannot be construed by any stretch of imagination as a trust. It is a charitable society pure and simple as evident from their Memorandum of Association. When it is a charitable society and not a t......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....ertain guilty intention or with certain guilty knowledge constitutes culpable homicide amounting to murder. If the criminal act is done with the intention of causing death then it is murder clear and simple. In all other cases of culpable homicide, it is the degree of probability of death from certa...... chest of Fakku Mia causing the death had been established. PW 14 Dr Shah Jamal and PW 15 Dr Aktaruzzaman who held autopsy respectively on the dead bodies of Fakku Mia and Bakul Bibi corroborated the injuries sustained by Bakul Bibi and Fakku as stated in the dying declaration. We, therefore, hold t..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....al of the landlord’s title resulting determination of the tenancy by forfeiture. 9. Mr. Ahmed lastly submits that the plaintiffs-respondents could not prove their case so as to get a decree in a simple suit for ejection of monthly tenant. It is well settled that when both the parties have led e......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....elves considered the laws as "beneficial legislations" but the learned Judges wondered why in enacting section 95 the provisions of section 26G were not kept in view by the legislature. The answer is simple, that by the operation of section 26G of the Bengal Tenancy Act no complete usufructuary mo......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....ppear that the expression "charitable purposes" has been used only in relation to absolute or partial trust, but not in relation to wakf-al-al-aulad." Contrary view is advanced merely saying that simple reason for this is that Muslim laws recognise the maintenance of one's descendants as chari......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ...... second postmortem examination was held in the Mitford Medical College and the doctors who held examination reported to have found another Ecohymosis wound on the head and in their opinion both the injuries were the cause of her death and homicidal in nature. 3. After completing investigation p..Category: Criminal Law | Date: | Hits: 58
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......en others formed an unlawful assembly and being armed with deadly weapons started cutting the 'Gopat' which is used as public path, attacked the informant and other villagers who protested and caused injuries to them by using a gun. Police held investigation and a charge sheet was submitted against ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... that though power was given to the Special Court to try cases for offences including section 396 of the Penal Code (which deals with dacoity with murder), it cannot try aa offence under section 395 (simple dacoity under the Special Proceedings, ‘the learned Judges noted the differences between th......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
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