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M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......…. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976. Cases Referred to- Messrs Chittagong Jute Manufacturing Co. Ltd. Vs. Province of East Pakistan in P.L.D. 1......reas of such town; 16. What was considered in the aforesaid provision to be the characteristic of a town which could be constituted a municipality appears to be that the dominant way of life of the inhabitants of such an area would be other than agriculture and that there would be a k..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......a..............Appellant Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Ba......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......25 130. Lawyers Involved: T. H. Khan, Advocate with Rabeya Bhuiyan, Advocate, instructed by S. M. Huq, Advocate-on- Record—For the Appellant. Faqeer Shahabuddin Ahmed, Attorney-General, with Abdul Wadud Bhuiyan, Assistant Attorney-General instructed by B. Hossain,......lp of Jury on the above allegations, Abdul Ali was convicted under section 302 and section 120 B, conspiracy for poisoning and was sentenced to transportation for life. Fazal and Ledu were convicted under section 302/120 B and 364 and sentenced to transportation..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. ...... The Penal Code, 1860 (XLV of 1860), Section 302 The act being not a pre planned or pre-meditated one or, in other words, death having not been done to the driver in a preplanned manner; the death so caused by the condemned prisoner, cannot be cons...... competent and reliablle witnesses. 14. The High Court Division has rejected the submission of the learned Advocate representing the condemned prisoner for imposing sentence of life imprisonment instead of death sentence on the finding that even if it is accepted that there w..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......ilty under Part I of the section. The incident having taken place upon a sudden verbal quarrel and in the heat of passion accused gave blows on the chest of the victim without any guilty intention to cause death and thus they committed culpable homicide not amounting to murder under part II of s......ommitting murder of one Golok Chandra. By the judgment and order dated 3 1-7-94 the trial Court convicted them under sections 302/34 of the Penal Code and sentenced each of them to imprisonment for life and to pay a fine of Taka 15,000.00 in default to rigorous imprisonment for 3 years each. ..Category: Criminal Law | Date: | Hits: 59
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ...... The Code of Criminal Procedure, 1898 (V of 1898), Section 154 Filing of the first information report by the informant disclosing the death due to poisoning subsequently finding the death caused due to injuries being homicidal in nature, there......eal against the judgment and order dated 25-8-9 passed by a Division Bench of the High Court Division in Criminal Appeal No. 361 of 1993 maintaining the conviction and sentence of imprisonment for life and fine of Taka 5000.00 under section 302 of the Penal Code of accused petitioner passed by A..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 Town Improvement Act the RAJUK may alter the lay out plan this power must be exercised for the purposes of improvement. But conversion of parks and open spaces enjoyed by allottees of a planned township cannot be converted as residential plots. Conversion of such open spaces and parks into re......h and hygiene of the inhabitants of the area providing open space with garden. The structure cannot be allowed to occupy the same on the plea of their indispensable accommodation to protect their life to the detriment .of health and hygiene of the inhabitants of the area and the corporation ..Category: Property Law | Date: | Hits: 56
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ...... Judgment May 7, 2000. 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 cer...... 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 aside……………(7) ..Category: Criminal Law | Date: | Hits: 55
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......framed, conviction for immoral act is sustainable…………….(19) Expunging Adverse Remarks Adverse remarks being extraneous to the merit of the appeals were not called for in facts of the case, such remarks are expunged&hel......e case against them and they cross-examined the material witnesses in that regard. As a matter of fact, the charge was framed for major offence of rape in which sentence of death, imprisonment for life is prescribed whereas in section 9(Ga), the imprisonment extends to imprisonment for life or 1..Category: Criminal Law | Date: | Hits: 72
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ...... The Constitution of Bangladesh, 1972, Article 32 The Code of Criminal Procedure, 1898 (V of 1898), Section 497 The accused having alleged to have committed a substantive offence of murder his liberty can be curtailed under section 497 o......submitted against him under sections 302/34 of the Penal Code and when there are reasonable grounds for believing that the accused is guilty of the offence punishable with death or imprisonment for life. Leave was also granted to consider the vital point that the deceased was last seen with the a..Category: Criminal Law | Date: | Hits: 68
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......11.85 passed by the Additional Sessions Judge, Gazipur in Sessions Case No.3 of 1989 convicting the appellants along with one Golap under sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and also convicting them under sections 307/34 of the Penal......ons Judge, Gazipur in Sessions Case No.3 of 1989 convicting the appellants along with one Golap under sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and also convicting them under sections 307/34 of the Penal Code and sentencing each of them to..Category: Criminal Law | Date: | Hits: 49
Special Reference No. 1 of 1995, 24 CLC (AD)
....rimary boycotts are legal if they involve no physical violence, coercion, or intimidation, Secondary boycotts, however, are illegal in most states. 52. Boycotts were also used during the US Civil Rights Movement of the 1950s and 60s as a social and political tool. Stores and businesses that disc......should be excluded within the meaning of Article 67(1) (b) read with definition of 'Session' and 'sitting' as under Article 152 (1) of the Constitution………………..( 72 & 73) Cases Referred to- AIR 1944 (FC) 173; MacManaway (1951) AC 161; Privilege Act 1770, (1958) AC 331; Allocation ......walkout and boycott is unprecedented in the known history. Dr Kamal Hossain was, however, skeptical about the Reference as he thought that the political situation alluded in the Reference suggested a life threatening blockage in the Constitutional process in the country which needed an urgent politi..Category: Constitutional Law | Date: | Hits: 248
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......………………………………………..Respondent Judgment February 12th, 1995. Cases Referred to- Ghulam Muhammad vs. Emperor, 36 CrLJ (1935) 683; Nawsher Ali Sarder vs. State 39 DLR (AD......Perumal Kudumban, AIR 1940(Madras) 562 where the crime was committed by the accused when he was in an abnormal frame of mind, induced by unhappy domestic circumstances, and wanted to end his wife's life and his own at the same time it was held lesser penalty would meet the ends of justice. ..Category: Criminal Law | Date: | Hits: 73
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......Record ‑ For the Appellant (In Civil Appeal No. 49 of 1994). Ex‑parte‑ For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and...... also from a consideration of the social conditions which gave rise to it, and of the mischief which it was passed to remedy, and then he must supplement the written word so as to give 'force and life' to the intention of the legislature. That was clearly laid down by the resolution of the j..Category: Property Law | Date: | Hits: 86
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......aw, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void. However, where the intention of the maker of the ......(Hiba) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void. Ho..Category: Property Law | Date: | Hits: 146
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ...... appeal by leave by the writ petitioner is from the summary rejection of the Writ Petition No. 2595 of 1994 on 8-1-95 by the High Court Division. 2. In 1987 the appellant constructed a four storied residential building on 7 kathas of land in CS plot No. 133 Part. Mouza Bramancharan, JL No.......eighbouring people the required spaces were shortened unintentionally and for reasons beyond his control. He further denied that the building leaned on any side. He stated, that he has invested his life’s savings and also taken loan from the House Building Finance Corporation and so no inju..Category: Business or Commercial Law | Date: | Hits: 136
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......vision No.4002 of 1994 rejecting the plaint of Title Suit No. 354 of 1994 after setting aside the judgment and order dated 23.11.1994 passed by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff ......, that the temporary shifting of the child to the custody of father will go against the principle of law, that it will badly affect the mental development of the child and also disturb the natural life of the mother, that the agreement was void under section 23 of the Contract Act, that there ca..Category: Family Law | Date: | Hits: 162
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......istant of GM Office, Postal Life Insurance, Dhaka filed Administrative Tribunal Case No. 154 of 1987 alleging, inter alia, that he was not allotted any official quarter though he was entitled thereto; that he requested the General Manager, Postal Life Insurance, for allotting a quarter but he ve......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......No.73 of 1994) Rabiul Karim …………………………Respondent (In Civil Appeal No.74 of 1994) Judgment June 15, 1995. Result: All the appeals are dismissed. Cases Referred to- Ridge vs. Baldwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involve......as submitted on the basis of the amended statute of the Chittagong University (copy of which is there in the additional paper book) that the Principal was authorised to pass an order of expulsion for life and the amended statute was approved by the Syndicate of the University. 16. Leave was gran..Category: Constitutional Law | Date: | Hits: 169
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... Nurul Islam J. Habibur Rahman J. State............ Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD ...... in the case of Crown vs. Siraj All 7 DLR Dacca 119. In the facts and circumstances of the present case we have already stated that we are of the view that the lesser sentence of transportation for life would meet the ends of justice in this case. 15. In the result, the Reference is rejec..Category: Criminal Law | Date: | Hits: 62
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