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The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......to custody on occasions in proceedings under section 110 Cr. P.C. which are generally known as Bad Livelihood cases (B.L. Cases). Allegation against the accused persons was that on the day of occurrence Khijir was charged with theft of four jack fruits, tied with a rope and was dragged from..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... resistance to the act of killing vis-a-vis the injury at the fingers of Lalu. (vii) Subsequent conduct of the accused who absconded immediately after the occurrence and were arrested from distant places after considerable periods of time. 43. In a case whose fate depends mainly on circum......overed by water-hyacinth. They suspected that Ashraf had been murdered. The informant at once ran to Srimongal to inform the police and on his way he met Vice-Chairman Fazlul Haque and narrated the occurrence to him. At that time Profulla Kumar Das (P.W. 9) came there and said that on the previous..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....rnmental function while exercising sovereign power and again some of the functions can be described as trading function. To put it in plain language when the Government after accepting the tender places an order for supplying, say, for ten thousand chairs and the supplier agreed to do so—a con......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......d the complaint instituted this case falsely. 4. Besides himself the complainant examined tight witnesses All the P.Ws stated that P.W.1 had been living in his hut in the place of occurrence for 4/5 years. 5. P.W. 2 Abul Basher stated that at about 7/8 P.M when he was com..Category: Criminal Law | Date: | Hits: 57
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......e pressed her husband to the ground. After her husband died all of them left the hut through the eastern door. 3. Hearing her alarm witnesses and neighbors from adjoining huts came to the place of occurrence. She narrated the occurrence and her recognition of the accused persons to them. Some of ..Category: Criminal Law | Date: | Hits: 56
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......on and appointed a Receiver.) The learned Sessions Judge noticed that the previous case, being M.R. Case No. 20 of 1984 was dropped on 27.10.84. The first party attempted to revive the two dates of occurrence, namely, 17.7.84 and 4.11.84. It was noticed that there has been series of transactions b..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......rovision for assessor was withdrawn…………(8 & 10) Since the act of murder was committed in furtherance of the common object of all the accused and all of them in fact participated in the occurrence in different manner with such common intention, the learned Additional Sessions Judge rig..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....he vill or district, the Judicial Committee of the House of Lords observed- "There is no doubt but that the grantee of such a market may hold it anywhere within that vill or district, or in more places than one, and may change the place in which it is held; and an obligation is cast upon him ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....fic person is shown to be the father, then the acknowledgement of him by and her who claims him as him son affords a conclude presumption that he is the legitimate child of the acknowledger, and places him in that category." Mahmood J. in the same case, observed; "So far as inheritance t...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......their opinion it would have been most unfortunate if they had been compelled to adopt the construction placed upon the Act by the Courts in India. Sales for arrears of revenue are of constant occurrence; anything which impairs the security of purchasers at those sales tends to lower the ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... important witness like him to whom the eyewitness claimed to have reported this horrible incident immediately after it should not be simply tendered. Evidence of P.W.1 shows that around the place of occurrence and on the long way from the place of occurrence to his house there were innumerable ho..Category: Criminal Law | Date: | Hits: 60
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....he Bhara agreement Ext. D was not renewed and therefore after the expiry of the lease mentioned in Ext.D’ the defendants were in possession adversely since 1357 B.S. If the dispossession rook places in 1357 B.S. then the appellate court below considered that the suit was barred by limitation......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......formant Farruk Ahmed made an improvement in the petition for further investigation by stating that the accused petitioners connived with accused Saifuddin and surrounded the deceased at the time of occurrence. This was not told by him in the F.I.R. at all." The learned Judges noticed certain e..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
.... the King's Bench of England. In consequence, however, of the enactment of the High Courts Act 1861, the three Supreme Courts were abolished and three High Courts that came into being in their places in the presidency towns of Calcutta, Bombay and Madras were empowered to have "all jur......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......fice and no other person except the two murdered persons were in the flat at the relevant time. The appellant had herself gone to the house of one Mr. Rashid in the neighborhood shortly before the occurrence took place. Sadhan Kumar Mali, who was a sweeper of the flat, and Surid Chandra Das were..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ...... remaining accused including Idris Pandit began to assault P.W. 2 and threw him into the ditch. As a result of the assault Shamsul Huq died on the spot and P.W.2 sustained grievous hurt. The occurrence was witnessed by P.W. 3 Abdul Matin. P.W. 6 Fazdluddin, P.W. 9 Abdul Mannan and P.W. 10 ..Category: Criminal Law | Date: | Hits: 39
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....cation of a notification under Rule 12, give public notice in respect of each ward, or constituency, Union or Paurashava inviting nominations and specifying the time before which and the place or places at which nomination papers shall be delivered to him. Rule 18 provides for scrutiny of nomi......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......eka. 3. The accused pleaded not guilty to the charge. The defence case was that accused Abdur Rashid was not at home as he had gone to Pabna to see his Sister two days before the occurrence. In the evening of 4th of Poush, 1374 B. S. preceding the day of occurrence Habi Durani ..Category: Criminal Law | Date: | Hits: 66
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
.... such capacity he is also entitled to continue the suit. The learned Munsif found that the plaintiff was duly appointed as Sajjadanashin; and that the properties described in the schedule are places like shrines and the places used for religious ceremonies; and that in usual practice the pr......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 91
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ...... are rightly different, I wish to add a few words of my own. Facts have been sufficiently dealt with in the judgment of my learned brother and it is not necessary to restate the same. 38. The occurrence took place on 18.4.78 and the First Information Report was lodged on 20.4.78. Police subm..Category: Constitutional Law | Date: | Hits: 292
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