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Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....n 7(6) of the Ordinance what is the harm if the same is taken into consideration at the time of preparing the Electoral Roll. It does not matter whether it should be considered as a major basis or minor basis but the prime consideration is that the names of persons already on the Electoral Roll ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......lt a spade blow on the head of Abdul Gafur who fell down on the ground and thereafter other accused persons (since acquitted) dealt lathi and mugur blows indiscriminately on the person of the victim causing several injuries and the victim was taken to Faridpur Hospital in senseless conditio......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....no illegality had been comÂmitted far less of destroying the basic structure of the Constitution. He also extensively quoted from two Indian decisions e.g. Golaknath's case A.I.R. 1967 (SC) 1643 and minority view of Keshavananda's case A.LR.1973 (SC) 1461 for the proposition that no limitation can ......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. ......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 acÂcused 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......too @ Zahurul Hossain he stated that Dablu and Sukkur inflicted dagger blows on Nurul Islam and his wife. In the confessional statement of Dablu he stated that he himself inflicted dagger blow on the victims. Intra-contradiction of the two confessional statements and the evidence of P.W.4 reveal eac...... High Court Division is set aside. Conviction and sentence of acÂcused 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..Category: Criminal Law | Date: | Hits: 159
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147.......................................Respondents Judgment January 29, 1989. The Penal Code, 1860 (XLV of 1860), sections 302/149 Scrutinising the evidence, offence of causing assault upon the victim resulting to his death has not been proved against Tayeb Ali and Ramjan Ali. Hence they are a......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
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......€¦â€¦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 occurrence appears to be trust worthy and convincing. Moreover, in the ......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..Category: Criminal Law | Date: | Hits: 61
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 ......llant Vs. The State...................................Respondent Judgment September 2, 1987 The Penal Code, 1860 (XLV of 1860), sections 302 and 304, Part 1 Injury inflicted upon the victim by the appellant causing death of the victim after eleven days of causing such injury and con......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 ..Category: Criminal Law | Date: | Hits: 53
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....lant Vs. Bangladesh Jute Mills Corporation............................................Respondents Judgment March 18, 1984. Mere technical irregularity of minor nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found t......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ..Category: Employment/Service Law | Date: | Hits: 92
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
.... his possession was hostile to the real owner and amounted to a denial of his title to the property claimed. This onus the appellants have failed to discharge." In Munnalal, minor vs. Mst. Kashibai (1916-17) 51 CWN 175, the Privy Council observed that: &qu......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. ......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
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... the parties thereto agree to such a reference". Sub-section (2) provides for that in some matters Conciliation Court will have no jurisdiction such as the case in which interest of minor is involved or in case of arbitration or the case against the Government "or Public Org...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......owed. The impugned order of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......owed. The impugned order of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..Category: Tenancy Law | Date: | Hits: 166
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......equired to be added as a party. In the instant case the appellant, who claims the detenue as his wife, as well as the respondent, father of the detenue both are claiming custody of the girl on release. Under the law both are competent to challenge the legality of the detention. ..Category: Criminal Law | Date: | Hits: 58
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
....sbelieved. She having deposed the entire incident from the beginning to the end it is very difficult for us to discard her evidence only on the ground that she was art interested witness and was a minor girl aged about 16 years. Even the law provides that a child witness can be relied if he/she ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......ence. He further pleaded that deceased Hosne Ara @ Dilara was in love with him and that occasionally she used to go to the Shallow Machine room of the accused for which the parents of the deceased girl and her brother Matiaur Rahman abused her and assaulted her and in consequence of which she di..Category: Criminal Law | Date: | Hits: 58
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....s report dated 24th August, 1985 the enquiry officer stated that the respondent attended the aforesaid Laboratory from 3 PM to 5 PM without clashing with his working hours, but his act amounted to minor misconduct. He recommended that a penalty of withholding of annual increments for two years b......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....er of acquittal under sections 302/109 Penal Code passed in favour of the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappe......ce of the State is from an order of acquittal under sections 302/109 Penal Code passed in favour of the respondents by the High Court Division in appeal. 4. It is one of those cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused fo...... 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. ..Category: Criminal Law | Date: | Hits: 38
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....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. ......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. ......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
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......ndent must have committed the murder by closing the door of his dwelling hut, and that his parents and uncle, living in the adjacent huts, were not likely to hear any sound of beating or cries of the victim, and even if they had seen or heard anything they would not have disclosed that to any one el......r in the night of occurrence or in the early morning when the witnesses came to his house. In delivering the judgment for the Court brother Latifur Rahman, J. observed: "The only fact that the girl was found lying dead in the room of her husband, although very grave and definitely incriminat..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....paÂnied him at the lime of occurrence mainly due to omissions before the I.O. and the Inquiry Magistrate and contradiction between the witnesses. If the said omissions and contradictions were all on minor matÂters certainly there could be a case for terming the reÂjection of eye-witnesses as perv......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitÂted from the charges 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: 40 DLR (AD) (1988) 291...... not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the trial court and the High Court Division. The circumstance in which the victims sustained fatal injury on his head has remained a mystery. Victim received fatal injury in m......s set aside and they are acquitÂted from the charges 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: 40 DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
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