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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. ...... unarmed, the respondent Bahauddin fired at his chest from a, very close range. Asaduzzaman fell down on the road and thereafter he was picked up and taken to the hospital where he succumbed to his injuries, "it was thus alleged that respondent without any provocation whatsoever want only a..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....icarious responsibility on each of the members when force or violence is used in prosecution of the common object of the unlawful assembly by any one of them. Section 147 prescribes punishment for simple rioting, and section 148 for rioting armed with deadly weapons. Section 149 creates vicariou......2. The appellant Tozammel Hossain along with 17 others was placed on trial before the Additional Sessions Judge, 1st Court, Sylhet in connection with an occurrence involving two deaths by gun shot injuries. Two charges, one under section 148 and another under section 302/149 of the Penal Code we..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
.... guilty of the offence contempt of court on the finding that they had deliberately violated of the order of the injunction and sentenced Mr. M.A. Zaher to pay a fine of Tk. 300/- in default to suffer simple imprisonment for 7 days and sentenced Haji Jalaluddin Ahmed to pay a fine of Tk. 500/- in def......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
.... in the said provision, after the words, 'any person certain new words which were not there, viz. 'other than the parties to the suit'. The said Allahabad case arose out of a suit for sale on a simple mortgage, and in dismissing an application for appointment of a receiver in such a suit it wa......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....nce the date of the said deed of kot mortgage It was urged that such a case was barred under section 92 of the Evidence Act. In this connection it may be noted that on the date of kot-mortgage, one simple mortgage deed was also executed between the same parties. The mortgagee, Abdul Karim Chowdh......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....dence in support of his false claim, that because of certain circumstances the said Respondent could not appear at the time of the hearing of the suit and that the said Respondent was a simple-minded illiterate man, who could not appear also in Miscellaneous Appeal No. 187 o...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....angladesh Penal Code as well as under section 5 (2) of Act II of 1947. He was acquired of the charge under section 409 but was convicted under section 5 (2) of Act II of 1947 and sentenced to simple imprisonment for two years and a fine of Tk. 50,000/-in default to simple imprisonment ......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....right to file the application therefore arises by virtue of the order of the insolvency court and not by virtue alone of any independent right of his." 26. The same view as to the locus stand of a simple creditor of a debtor whose property was sold in execution of a decree obtained by another cre......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. ..Category: Property Law | Date: | Hits: 118
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
.... 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 repeating statute. In the case of a simple repeal there is scarcely any room for expression of a contrary opinion. But when the repeal......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ..Category: Criminal Law | Date: | Hits: 113
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. ......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
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
.... question was forfeited to the Government under section 75A of the State Acquisition and Tenancy Act. The Government treated the transaction between the appellant and his vendors to be a pure and simple lease which was said to have been hit by the provision of section 75A of the State Acquisitio......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....ct murdered and the dead body was traced out and identified there was no scope for a charge under section 364, Penal Code. The abductor in such circumstances should be charged with murder pure and simple, if he is the murderer himself or at least with abetment of murder. The learned Counsel...... 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. ..Category: Criminal Law | Date: | Hits: 61
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
....e been convicted under part II of section 304 of the Penal Code. 11. Now we consider the propriety of the quantum of the sentences. The problem of fixing the sentence is not a simple one since a number of factors in each case have got to be considered. We, however, lay down ...... 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. ..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. ...... 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 is no bar in filing a second FIR stating the real cause o..Category: Criminal Law | Date: | Hits: 67
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. ......y 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 certificate the plea of right of private d..Category: Criminal Law | Date: | Hits: 55
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. ...... with a dao on Abdur Rashid and also inflicted number of blows on Jaj Mia. As a result of those blows Abdur Rashid died on the spot. Jaj Mia who was critically injured came home running with bleeding injuries on his person and disclosed that his father Abdur Rashid had been murdered on the eastern s..Category: Criminal Law | Date: | Hits: 49
Special Reference No. 1 of 1995, 24 CLC (AD)
.... on the 1st had ended with the adjournment of the House for that day and since then they never walked in and therefore there was no question of continuing a walkout but it was an abstention plain and simple. Mr. Rafiqul Huq in particular has described the situation in the above manner and we think t...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....he happening of the loss the appellant repudiated the claim of the plaintiff by a letter dated 16.11.91 alleging breach of a number of conditions in the policy, without invoking condition No.19. A simple letter stating that "as twelve months have expired from the happening of the alleged fi......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......6.11.1986 at about 7‑30 AM the respondents along with others being armed attacked him at his ration shop at Biswanath Bazar on account of previous grudge and in that incident he had sustained injuries whereupon he was taken to a hospital. This First Information Report gave rise to GR case N..Category: Criminal Law | Date: | Hits: 57
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....dated 25.11.89 by which the Deputy Commissioner deposited a sum of Taka 92,61,36,586.77 in the public account for payment of compensation for acquisition of land in the said LA case. There has been a simple assertion in the affidavits‑in-opposition of respondent Nos. 1 and 2 that the owners of the......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
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