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State Vs. Zahir and ors., 1993, 22 CLC (AD)

....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......P.W. 1 along with Elahi Member went to the Thana and reported the occurrence to the police who sent P.W. 1 to the doctor for treatment. The Medical Officer, Sreepur treated P.W. 1 and stitched his injuries and thereafter P.W. 1 again went to the Thana and lodged the ejahar. 4. The High C..

Category: Criminal Law | Date: | Hits: 48

Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)

....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......bled there. It is only after the departure of the high officials that at 12‑30 PM P.W. 1 accompanied by P.W.s 2 and 5 lodged the so‑called FIR at Kalia Police Station. By this time the injuries on the dead bodies were fully noticed by the P.W.s and political leaders of the party to w..

Category: Criminal Law | Date: | Hits: 60

Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)

....nted in connection with any other case.               Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......the building and shut its door. Abdus Subhan and Azimuddin broke open the door. Abdus Subban gave a dao blow on the neck of deceased Majitunnessa who died instantaneously. Accused Azimuddin caused injuries on the nose of P.W. 2 by giving a dao blow. The other accused‑appellants, Wazed Ali ..

Category: Criminal Law | Date: | Hits: 40

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..

Category: Property Law | Date: | Hits: 65

Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)

.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......oration of the statement of the victim woman from the evidence of P.W.s 2 and 3 and from the medical evidence on record which at least corroborate the evidence of the victim woman as the victim had injuries on her person. We have already indicated above, that in the facts of the present case, the..

Category: Criminal Law | Date: | Hits: 66

Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....eal of an enact­ment, the consequences laid down in sec­tion 6 of the General Clauses Act will fol­low unless, as the section itself says, a different intention appears. In the case of simple repeal there is scarcely any room for expression of a contrary opinion. But when the repeal ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 60

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

....ave not been mentioned; the certi­ficate speaks of 'leave' which did not concern that Division at all. Strangely enough, the learned Judges thought the points raised in the application were so simple as to merit summary disposal and yet they granted the certificate. Such a mechanical approac......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ..

Category: Constitutional Law | Date: | Hits: 716

Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)

....n before the learned Subordinate Judge, we find nothing therein to indicate that it was not willing to submit to the jurisdiction of the court. The petition, as has already been noticed, contains a simple prayer that the suit against the second defendant be stayed pending the decision on the fir......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 110

State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)

.... well-founded in law and fact in acquitting one of the three accused‑respondents and affirming the conviction and reducing the sentence of the other two. 2. Facts of the case are simple. In a sudden incident informant (PW 1) Enamul Hoque's younger brother Ekramul Hoque alias Ka......ves came back to the Saw Mill and fell upon Kafi. Ashraf Ali struck Kafi on his chest with an iron rod; Liakat struck him on his chin with a knife, while Paltu caught hold of Kafi. Receiving these injuries Kafi fell down and died within a few minutes. His elder brother, the informant, having hea..

Category: Criminal Law | Date: | Hits: 119

Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)

....ajul Huq, assaulted him and, thereafter, Aminul Huq was murdered. It is in evidence that some of the appellants were armed with deadly weapons such as Katra, Halanga, etc, and some were armed with simple weapons such as pieces of bricks. As the evidence was insufficient to show which of the othe......side on the chest of deceased Aminul Huq, brother of PW Serajul Huq who fell down on the ground and died thereafter. The other accused persons also dealt various blows on several witnesses causing injuries on them. 3. The defence case was one of innocence and that no occurrence took pl..

Category: Criminal Law | Date: | Hits: 56

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....se and it says that Notwithstanding anything contained in any other law, on the commencement of this Order, the following persons shall be deemed to be citizens of Bangladesh. Instead of adopting the simple language, the use of non-obstante clause confers citizenship to the following persons by a le......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)

.... notice under section 106 of the Transfer of Property Act is validly served before filing of the suit. A notice will only be an idle formality in that case, leading to no remedy. 23. The reason is simple. All leases are created under the Transfer of Property Act and the Contract Act. If the Premi......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..

Category: Tenancy Law | Date: | Hits: 87

AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)

....nment servant cannot make an application to the Administrative Tribunal. The Act has made an appeal mandatory, but not a review. To make a review mandatory in my opinion will be legislation, pure and simple, which the Parliament is competent to do, but not ourselves, in the given situation. When it ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..

Category: Administrative Law | Date: | Hits: 129

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....completely. In the field of modern international trade and commerce all advanced countries of the world have given due importance to the efficacy of such Arbitration proceeding as the procedure is simple, convenient, cheap and the result of the proceeding is much less time consuming than a proce......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..

Category: Business or Commercial Law | Date: | Hits: 98

Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)

.... impugned judgment of the High Court Division was passed on 21 November 1993 in Criminal Revision No. 2054 of 1993, which was heard along with two other revision cases. Facts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging t......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..

Category: Criminal Law | Date: | Hits: 98

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

....of termination was illegal and void. 3. The Bank obtained leave from us and filed Civil Appeal No. 42 of 1992 in which the main contention is that the order of termination is in fact a simple order for termination without giving any stigma to the employee and that Regulation No. 22 i......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..

Category: Administrative Law | Date: | Hits: 149

Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

....rdingly, moved this with this application. 5. Mr. AJ Mohammad Ali, the learned Counsel appearing for the petitioners, submits that the nature and character of the suit being changed from a simple declaratory suit to a suit for declaration and recovery of money by way of consequential re......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 91

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

....d Advocates of the respondent No.1. Further, the cases as cited by the High Court Division deals with the provision of Order XXI of rules 52 and 55 of the Code of Civil Procedure in respect of the simple attachment of money and not attachment out of the Consolidated Fund and so, the principle la...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..

Category: Civil Law | Date: | Hits: 104

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....eous suo moto Rule No. 12166 of 2004 arising out of suo moto Rule No. 7762 of 2003 convicting the appellant for contempt of Court and sentencing him to pay fine of Taka 2,000, in default, to suffer simple imprisonment for one month. Criminal Appeal No. 16 of 2004 arose out of judgment and order ......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..

Category: Criminal Law | Date: | Hits: 64

Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)

.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......d Shajal Gope wanted to enter the house by force, and while Shandha Rani Gope obstructed she was assaulted by accused Jogeshwar and accused Shajal Gope also assaulted her with dagger causing bleeding injuries and accused Subash and Shajal Gope assaulted Jayanta Gope with dagger and when Susanta Gope..

Category: Criminal Law | Date: | Hits: 47