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Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....Magh, 1370 B.S. corresponding to January 1964, a communal riot broke out in and around Dacca, and their village was also a scene of this riot and in consequence they took shelter in different places of the city including Qumrun Nessa Girl's High School and Jagannath College buildings. After......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......out of on every significant allegation which they now urge. Accordingly, it is not the duty of the civil courts simply to repeat that process—to re-examine and re-weigh each item of evidence of the occurrence of events which tend to prove or disprove one of the allegations in the application for h..Category: Constitutional Law | Date: | Hits: 327
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......nder this section shall observe the following procedure: (a) the worker concerned shall submit his grievance to his employer, in writing by registered post, within fifteen days of the occurrence of the cause of such grievance and the employer shall within fifteen days of receipt of..Category: Labour and Industrial Law | Date: | Hits: 91
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
....n complained against to furnish a bond for such period not exceeding two years restricting movement to any place or area specified in the order or may direct him to report himself at such times and places and in such mode as may be specified in the order or may direct that he shall not reside with...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..Category: Criminal Law | Date: | Hits: 49
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....istrate of the 1st Class, Pirojpur, for an offence under section 14 of the said Act. The respondents pleaded not guilty to the charge and took the defence that due to communal disturbances in certain places in East Pakistan in the year 1964, they temporarily took shelter in India, but came back to t......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ..Category: Criminal Law | Date: | Hits: 59
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....a and had no immediate desire of leaving the place but had not made it his permanent abode would be a displaced person for the purposes of the Act. (c) A person who originally did business at two places and on Partition of British India, one such place fell to the share of Pakistan and the other......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..Category: Property Law | Date: | Hits: 61
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....m the investigation officer who took the accused on remand and kept him in his custody for the purpose of interrogation for more than five days for about seven days. So he must explain in which places the accused was kept during this period of about seven days. Whether the accused was taken ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......g the condemned prisoners and others and he himself took up the investigation of the case which was completed by PW 17 Md Shamsul Haque Khondker. All the investigation officers visited the place of occurrence and some of them seized alamats and after completion of investigation charge-sheet was ..Category: Criminal Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......so not well found on merit, as because by the evidence of the eyewitnesses, PWs 11 and 12, and that by the evidence of PWs 4, 6 and 8 to whom PW 11 immediately after the incident upon narrating the occurrence disclosed the fact of her recognition of the persons who caused injuries to her husband ..Category: Criminal Law | Date: | Hits: 76
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....he wife met with her death. Here in the present case excepting three witnesses the prosecution failed to produce any other witness and admittedly the appellant and the informant lived at different places. So, it was not possible for them to produce the neighbouring people to prove that the decea......ts that before the trial Court only three witnesses have been examined of whom two are formal witnesses and the other one is the brother of the deceased who is admittedly not an-eye witness of the occurrence. He submits that there is no evidence that the deceased was living with her husband- pet..Category: Criminal Law | Date: | Hits: 52
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....he house on 28-5-1993 at about 10-30 hours for playing but she did not return home till the evening. The informant, Salmas mother and some other persons of the house made search for her in the nearby places but could not trace her out. They went to the local Chairman who advised them to make further......that she had two ear-rings weighing about 6 annas. It is stated that the accused Selim, son of accused Monu Miah threw piece of brick to Suruj Miah, servant of the informant about 5/6 days before the occurrence for which there were altercations between Salma’s mother and accused Anwara Begum and S..Category: Criminal Law | Date: | Hits: 59
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... 9. Admittedly, there is no direct evidence about the appellant’s committing the murder of Monowara. Neither is there any direct evidence about his being in the house at the time of the occurrence. There is also no direct evidence that the appellant had anything to do with the burial ..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
.... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......e house of Fakku Mia and to do mischief and that there was no object of murdering anybody nor was there any such intention. Other is the dying declaration of deceased Bakul Bibi, Exhibit 2. 3. The occurrence took place at about 4.00 AM on 7-6-86 within the living room of the victim couple. Fakku ..Category: Criminal Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ......pending against the petitioner being Fatullah Police Station Case No. 10(2)89 under section 19(A) and Sections 3 and 4 of the Explosive Substance Act. 3. On some false allegations and of an occurrence alleged to have taken place on 10-2-1988, the case was started before the Upazilla Magis..Category: Criminal Law | Date: | Hits: 42
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....se of action, wholly or in part, arises. Explanation I.- Where a person has a permanent dwelling at one place and also a temporary residence at another place, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary residence.......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....ters but inside the economic zone, a view which has been seriously challenged by the learned Attorney-General and it calls for a close scrutiny. We propose to deal with the question as it stands. The places from where the three trawlers were captured have been set out above and there is no dispute a......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......hat the offences being punishable under Penal Code providing right of appeals, the Special Martial Law Court against whose decision there was no right of appeal. He farther submitted that the alleged occurrence being long before the Martial Law Proclamation, the case could not be transferred under c..Category: Criminal Law | Date: | Hits: 294
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......plainant and the other inmates recognised six of the dacoits but other 12/15 dacoits could not be recognised. It was further alleged that hearing the gun shots, the villagers came and heard about the occurrence. The police started investigation and G.R. case No. 552 of 1973 was initiated in the Co..Category: Criminal Law | Date: | Hits: 48
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....sion of the Munsif and Mr. Aminul Huq the learned Advocate-on-Record appearing for respondent 3 (plaintiff) has tried to defend the findings. Their arguments will be dealt with at their appropriate places. 6. We, therefore, proceed to consider the question set out earlier. The decision on the p......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
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 ......a Khatoon, wife of P.W. 1 with cloth; that all the dacoits had torchlights in their hands, After the departure of the dacoits hearing their hue and cry, the villagers came to the house and saw the occurrence and heard the complainant tell them he recognised 5 dacoits; that the inmates of the hou..Category: Criminal Law | Date: | Hits: 48
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