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Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....on 304 Part 11/34 and further to Rigorous Imprisonment for 21/2 (two and half) years under Sections 201/34 Penal Code to be suffered consecutively. 3. The case arose out of an incident in which a minor boy named Salauddin was run over and killed by a bus carrying some, picnickers near Premkanan ......y a bus carrying some, picnickers near Premkanan Road, Daulatpur, and Khulna on 13.8.85. It was alleged that the appellant was one of the passengers of the said bus who picked up the dead body of the victim boy and left it abandoned by the road side near Noapara, Meherpur. 4. The accused includin...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..Category: Criminal Law | Date: | Hits: 56
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ......efore it as to whether it is necessary in the inÂterest of justice to make a complaint against the perÂsons who are prima facie found to have committed the offences. A private party may be the real victim of the commission of such an offence, but he is deÂbarred from making a complaint directly t......ument is produced or givÂen in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......il 9, 1985. The Penal Code, 1860 (XLV of I860), sections 299,300 & 362 Injury no. 1 on the head of the deceased caused by a ‘Lathi’ in course of a sudden quarrel is the cause of death of the victim. Such injury has not been caused with pre-meditation and it is the result of a sudden fight i......n 304 Part-I and reduce the sentence to rigorous imprisonment for ten years. Subject to this modification, the appeal is disÂmissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ..Category: Criminal Law | Date: | Hits: 67
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim, therefore, is prima facie apparent. Even otherwise it can be said that the act was done with......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ...... important piece of material. In the given case informant stated that his nephew Abul Hossain was kidnapped on 16th April, 1973 by accused Lambu who was the leader of local Lal-Bahini, since then the victim's whereabouts were not known. This information was lodged on 7.8.82. The F.I.R. itself is giv......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......versal of the appellate Court's finding will not bring the case within the ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the impugned injuries were sustained in the occurrence. In view of the clear opinion of......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....s required to take the plea of waiver at the earliest opportunity, that is, in his pleading and at the trial where it should be raised as an issue." The majority view has been quoted above and the minority view was that the waiver had been established as a fact in that case. It was focussed that ......se No. 78-77. Considering these facts and circumstances the trial Court dismissed the suit. The learned Single Judge also noticed this circumstance when it was observed: "that the tenant has become a victim of the circumstances, as he was allowed to pay rent in lump for many months together by the l......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....ment and defendant Nos. 5 and 6 put their left thumb impressions on receiving Rs. 4, 000/- from the plaintiff. Defendant No. 5 put the left thumb impression on her behalf, and en behalf of her minor son defendant No. 4. The plaintiff also purchased the defendants' huts on the suit land ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....entioned in the solenama itself but evidence was given as to the payment and the discrepancy with respect to denomination of notes for which the alleged payment was made "can be disregarded as minor one. " In this view of the matter, the appeal was allowed and the solenama was treated ......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......use. Nausher dealt a lathi blow on Elias who at once fell down whereupon Jalil struck him with a dagger at his throat; Nuru struck him with a dao while the other accused pressed him down. The victim raised alarm calling out to his neighbour, Golam Ali, whose house was just near the pla...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....t forth in both the judgments, centre round the murder of Ashraf Ali, husband of P.W. 3, Hafsa Khatun, within 48 hours of their marriage which took place on 30 April 1976. Hafsa Khatun along with her minor son had inherited quite a big landed property from her first husband, Ashabuddin Master, pater......ragging marks fit in with medical evidence that the fatal blow was given on the abdomen which caused the deceased to fall on the ground, (iv) injury marks on the hand of the deceased suggest that the victim intended to repulse the attack and injury mark on the hand of Lalu suggest that there was scu......e to repay with interest; (iii) the deceased was a peon in the service of the Dewan of Pithapur about 20 years ago and the wife of the accused was the Dewani's daughter and when she was a girl of about 14 she had developed intimacy with the deceased; (iv) a statement of the accused to th..Category: Criminal Law | Date: | Hits: 124
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....entire property by a sale-deed, no matter the sale-deed was void. Facts of the case are that a joint family property belonged to two brothers, Bhajan and Prahlad. Bhajan died leaving a widow and a minor son Bhuban; the widow sold the entire share inherited from her husband by her and her son to ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....ition of the accused to P.Ws. 4 and 5, her relations, who resided in adjoining hoÂuses and appeared on the scene after the occurrence, has been corroborated. But rejection of the evidence of her minor daughter P.W. 3 on the ground that she was not examined by the InÂvestigating Officer unt......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. ......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. ..Category: Criminal Law | Date: | Hits: 56
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 ......d Mona Karati. The AddiÂtional Sessions Judge clearly found upon a consideration of the facts and circumstances of the case that appellant Mohitullah was resÂponsible for the death of the aforesaid victims and the other appellants also inflicted fala inÂjury on the body of deceased Mona Karati. I...... 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 ..Category: Criminal Law | Date: | Hits: 45
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....twailli Amir Ali did not intend Khorshed Alam to be the Mutwalli. This document read as a whole belies the contention; on the other hand, Khorshed Alam was appointed as de facÂto guardian during the minority of the plaintiff. True that Amir Ali intended that Mutwalliship should pass on the issue of...... 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. ......oon Nessa Begum, 8 IA 136 the question was whether the appellant was the son of Nowab of Karnatak by his Nika wife Amin Shaheba. The respondent challenged the marriage who according to them a slave girl was observed: "According to the Mohammedan Law, the law, which regulates the rights of the ..Category: Family Law | Date: | Hits: 239
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....rcised by the Court………………(21) Child’s welfare is of paramount importance in appointing guardian. Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of......d be appointed as his guardian. For the reasons staged 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) 106 ......the father of the child, unless she marries a second husband in which case the custody belongs to the father. 357. Right of father and paternal male relations to custody of boy over seven of girl who has attained puberty. The father is entitled to the custody of boy over seven years of ..Category: Family Law | Date: | Hits: 152
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. ...... assault, he stated in the Ejahar that all the accused except Jaida participated in the assaÂult and killed Nurul Islam with 'dagger and sharp daos'. This implied several injuries were caused to the victim; but when inquest and post mortem examination of the dead body revealed only one perforated i...... 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. ..Category: Criminal Law | Date: | Hits: 60
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......t for three months more with direction that the sentences would run concurrently. 3. The prosecution case was that the petitioner along with co-accused Golam MusÂtafa Kamal Chowdhury abducted the victim Syed Khalilur Rahman from his shop at Sadarghat and wrongfully confined him at 62, Hemendra D......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..Category: Criminal Law | Date: | Hits: 62
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