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Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....Company. The Company had been carrying on its business in the name and style (1) Bangladesh Paper Converting Works and (2) Farough Industries and acquired valuable immovable properties at different places within the then East Pakistan including a property at Paribagh, Dhaka which is fully describ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....nt had created 10 effects (i) Seeks to alter the permanent seat of the Supreme Court; (ii) creates six permanent Benches; (iii) establishes permanent Benches at predetermined places selected at random coinciding with Martial Law dispensation; (iv) provides for jurisdi......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... whereupon neighbour Professor Waned Anwarul Kader (P.W.1), Md. Hashem Air (P.W. 14), Md. Khizir Ahmed (P.W.5) and Professor Harun-or-Rashid (P.W. 13) and many others came and saw and heard about the occurrence. 3. On the allegation police investigated the case and submitted charge-sheet. Prosecu..Category: Criminal Law | Date: | Hits: 159
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152...... The State……………………………………Respondent Judgment January 30, 1989 The Penal Code, 1860 (XLV of 1860), sections 302/34 There are several neighbours to the place of occurrence who could have been natural witnesses about the incident, but they were not examined. The..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....xamined in court. It appears that one of those servants, P.W.5, has been examined; he has supported the case of the prosecution and has explained that the other servants, who had come from far away places, were not available for examination in court as they had gone away after the seasonal work. ...... measuring 120 decimals from one Ramlal Das by a registered kabala in the month of Poush, 1368 B.S. corresponding to January 1980 AD. He claimed to have grown Irri paddy therein; but on the dale of occurrence, 3 Baishak 1387 B.S. corresponding to 18 April 1980 these appellants, along with 15 other..Category: Criminal Law | Date: | Hits: 49
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......m, ousted her there from and looted away certain articles i.e. a two-in-one, a Chinese wall-clock and clothes, etc. Rokeya Begum (P.W.1) lodged an F.I.R. with Gulshan P.S. five days after the alleged occurrence on 27.12.82 whereupon the appellant was eventually brought to trial before a Metropolitan..Category: Criminal Law | Date: | Hits: 59
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126...... Vs. The State………………………………………………Respondent Judgment Augusts, 1987. The Evidence Act, 1872 (1 of 1872) Section 32 There is no eye witness to the occurrence but the evidence adduced by the PW 1 who rushed to the victim immediately after the occur..Category: Criminal Law | Date: | Hits: 61
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....t held that it was not binding upon the defendants as they were not parties thereto. Further, the appellate Court found that by mutilating the registered kabala (Ext. 2) by tearing it off in selected places, with a view to establish his false claim to the entire suit land, the plaintiff practiced fr......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....ndra Kumar Majumder inherited it along with other properties of Shashi Bhusan. After the death of Shashi Bhusan the six brothers amicably partitioned all the inherited properties lying in different places; the suit land at Feni fell exclusively to the share of Hemendra; the property at Narayanganj......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....ll- (a) Immediately report the circumstances to the Election Commission; (b) appoint, as soon as may be, with the approval of the Election Commission, a day for a fresh poll; and (c) fix a place or places at which and the hours during which such fresh poll shall be taken. 44. It was argued by......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......der of the accused Kachu the accused Lalu gave a balsira dao blow on the chest of Yasin causing a grievous injury. Yasin fell down. When his sister and wife raised alarm the accused left the place of occurrence. P.W. 7 Raijuddin, Kashem and Fazal and others came to the place of occurrence. P.W. 1 na..Category: Criminal Law | Date: | Hits: 53
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....hammad Bepari on the document the finding arrived at by the Courts were wrong. Mr. Khondker has referred to a few cases in support of his contentions as to part performance of the contract. One who places reliance on the doctrine of part performance succeeds only where one has been able to prove......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......saw the incident and recognized a number of miscreants including these respondents. On a First Information Report lodged by the guard, P.W. 1, the police moved into action and visited the place of occurrence, seized alamats, investigated the case and submitted charge sheet against these responde..Category: Criminal Law | Date: | Hits: 66
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....the Trust included relief to the poor, promotion of education, establishment of schools, provision of medical assistance and relief to the distressed persons, erection of mosques and maintenance of places of public worship. The income-producing business was indeed owned by the Trust, and also ca......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......these two appellants are concerned, they are highly respectable persons, one being Head Master of a High School and the other being Teacher of a Primary School, and that they were not at the scene of occurrence as the Investigating Officer himself found, but they were implicated out of political r..Category: Criminal Law | Date: | Hits: 79
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....quot; x ¼ " x left rectus muscles deep in the epigastric region. 9. On dissection antemortem blood and blood clot present in and around the tissues of the injuries region (places.)." The Medical Officer in cross-examination stated that in postmortem exami......n a chouki and become senseless. Soon thereafter she was taken to Pabna Hospital where she succumbed to those injuries. 3. The appellant pleaded innocence and denied the occurrence. He further pleaded that deceased Hosne Ara @ Dilara was in love with him and that occas..Category: Criminal Law | Date: | Hits: 58
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....smen and they are in bonafide need of the suit premises for their own use and occupation for business purpose; that the (14endant has got his own suitable premises at HSS Road and at other commercial places in the town which he may use for his own purpose and that the plaintiffs served notice under ......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......as justified in acquitting the respondents in view of the evidence of PW 10 Abdul Mannan who deposed that he saw a person being slaughtered in the house of acquitted accused Yunnus in the night of occurrence, and whether the learned Judges were justified in disbelieving the retracted confessiona..Category: Criminal Law | Date: | Hits: 49
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......urder in the present case". The circumstances in the Indian Supreme Court case (PLD 1956 SC (Ind) 286) are far more incriminating; there was evidence of ill‑will and some. recoveries after the occurrence besides the evidence of accosting the deceased and asking him to accompany the accused on..Category: Criminal Law | Date: | Hits: 38
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....e second degree of lessees, known as darpatni talukdars. They again sometimes similarly underlet to sepatnidars. The process of sub-letting continued for several degrees in many instances. In some places there were as many as a dozen gradations between Zamindars at the top and the cultivators of......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
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