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Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ther law is inconsistent with these provisions, then it will be void. Article 7(2) says "this Constitution", not "provisions of the Constitution", which expression the Constitution uses in some other places. The use of the words "this Constitution" and not "provisions of the Constitution" is also de...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......d persons to kill or assault Tara. These questions were considered by the trial Court. The High Court Division agreed with the finding of the trial Court regarding the time, place and manner of the occurrence although it did not make elaborate discussion of the evidence. However, in view of the ..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....as held in presence of the appellant and about a dozen officers and employees connected with jute purchase matters. The Committee examined all connected papers, documents and registers at different places including Kamarkhali Ferryghat and submitted its report which included a finding to this ef......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ...... there was an altercation in the previous night between the accused person and the informant party over the staging of a performance by a Dotara player in the along of Salimabad; but on the day of occurrence the deceased Abul Hossain chased the accused persons and attacked Shahid with a dagger a..Category: Criminal Law | Date: | Hits: 65
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....ode was held to be a good law. Expel. 3 reads as follows: "In suit arising out of contract, the cause of action arises within the meaning of this section at any of the following places, namely: (1) the place, where the contract was made; (2) the place where the contract was t......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ...... instantaneously, His son informant PW 1 Murad Hossain, night guard of the Union Parishad PW 6 Nurerzzaman, Chawkider of the Union Parishad PW 8 Amiruzzarnan and many others rushed to the plaice of occurrence immediately on hearing gunshots. Safiuddin was administered first aid by two local docto..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ......criminately causing serious injuries. Montazuddin was dragged out of the room on to the road and assaulted there further. Attracted by the hue and cry, Hamid Mollah and others came to the place of occurrence and recognized the assailants including Ali Mollah by the light of their (assailants) to..Category: Criminal Law | Date: | Hits: 51
Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......ations made in the report to the police, the nature and the credentials of the evidence which the prosecution proposes to lead in the case, and all the other relevant circumstances surrounding the occurrence. In the present case although more than six months had expired since the filing of the F..Category: Constitutional Law | Date: | Hits: 150
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......M of the relevant day, but she did not know how her husband was killed or from where his dead body was brought; she went beyond the defence case to say that her husband had no boro land and that no occurrence took place there. She denied the suggestion by the prosecution that she deposed falsely ..Category: Criminal Law | Date: | Hits: 69
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
..... Abdul Hakim and others amicably gave up possession of Schedule 1 land after obtaining remission of balance of decretal dues and being sentenced to jail in a murder case left for Arakan and other places after release. Badruddoza possessed the Schedule 1 land for 2 years then settled by pattas 5......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....duced from Article 117 and Article 103(4). 65. The cases Mr. Ahmed cites and the replies of the learned Additional Attorney‑General and Mr. Moinul Huq thereto will be adverted to in appropriate places, but as I reflect upon Mr. Ahmed's submissions, I find he has (a) challenged the vires of a s...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......ation for her non examination) nor any of the alleged eye‑witnesses stated as to who among the accused had removed the ornaments from the person of Jahanara. It is in evidence that after the occurrence the witnesses came and saw the broken trunks and broken locks. But strangely enough, the..Category: Criminal Law | Date: | Hits: 60
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ...... statement Ext.5, stated, inter alia, that deceased Zahura Khatun was his step‑mother‑in‑law, that he entered into the room of Zahura Khatun at about 8‑00 PM in the night of occurrence when she was offering her Esha prayer and on entering the room he put off the lamp and t..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....s and Tribunals 1. It has been decided by the Chief Martial Law Administrator that the records of finally disposed of cases tried by the Martial Law Courts and Tribunals shall be kept in the places mentioned below:‑ a. Special Martial &......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......houlder and a dao in his right hand. Accused Babor Ali was wearing lungi and shoes at that time. PW Rahela Khatun disclosed that she saw all the accused persons killing her husband in the night of occurrence as she woke up earlier than the informant an hearing the movements of human beings. Subs..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......at that time he heard a sound from the eastern corner of his house and going over there he saw that accused Masabber Chacha and others were running away with chora in their hands from the place of occurrence. The informant and others found victim Nurul Islam dead. On this allegation Jagannathpur..Category: Criminal Law | Date: | Hits: 60
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ch of the High Court of Bangladesh. 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 anoth..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ...... A.M. woke up from sleep on hearing cries of his wife. He lit his torch and saw the two accused inside his hut. The accused then fled away. Their alarm attracted the neighbours, who heard about the occurrence and the recognition of the two accused from the informant and his wife. A sindh was foun..Category: Criminal Law | Date: | Hits: 74
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ......Dr. Salam being dragged from the mosque by some of the accused persons other than the respondents. This shows that he did not himself see the respondents any where at the scene of occurrence. He, however, added that he met P.W. Ezaruddin and P.W. R Tasiruddin w..Category: Criminal Law | Date: | Hits: 80
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
.... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ......th the murder of my son, that is with this case It is not a fact that have manufactured this case against the accused at the instance of persons inimically disposed of towards accused. The occurrence is true." In view of the above statement we find no substance in th..Category: Criminal Law | Date: | Hits: 62
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