Search Options
Judgment Advanced Search
Displaying 1801-1820 of 2232 results.
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....ital and important circumstance in the case against the respondent. Thus, Mr. B. Hossain was perfectly correct to argue that exhibit 6 being substantive primary documentary evidence, it gives fullest corroboration as to the fact that the respondent was at home on 30.7.8 1. In the present case the wi......tem report the police called the informant PW 1 and recorded the FIR on 16.10.81. 3. The defence case is that Halima Bibi committed suicide by liking poison. Further case of the respondent is that from two days before the occurrence he was at his maternal grand-father's place in the village Krish......tantial evidence could have been left out on consideration, if they would have been contrary evidence in support of the defence plea. The falsity of the story of illness and the GD Entry are also two independent circumstances which the learned Judges of the High Court Division did not at all conside......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. ..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......onalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily includes the power of transfer of an employee from one mill to another by the BJMC. In view of the Gazette Notification issued under Article 5(a) ......oration's authority to transfer him taking the ground that though the Nishat Jute Mills was a nationalised enterprise placed under the Corporation, yet the enterprise retained its separate entity and independent character as a company incorporated under the Companies, Act, that employees of the ......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....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 ......erence with an order of acquittal but to say that misappreciation of evidence is never a sufficient ground for interference with an acquittal is to ignore the existence of degrees of misappreciation, from the very grossest form, exhibiting perversity to the mere ignoring of certain side-aspects aris......e evidence took the view that neither the deceased nor P.Ws. 5 and 6 could recognize the assailants and that the two alleged statements of the deceased (Exts.2 and 3) had not been corroborated by independent witnesses and circumstances and probabilities. Accordingly he acquitted the respondent......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
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......r under any other provision of the Code to direct a Magistrate to send the case to him for trial when the Magistrate dismissed the complaint under section 203 of the Code. 2. The matter has arisen from C.R. Case No. 420 of 1980 of the Court of Sub-Divisional Magistrate, Shariatpur, along with G...... erroneous view of law, the only course for the Sessions Judge was to direct further enquiry under section 436 Cr.P.C. This section has remained unaffected by the recent amendment and this power is independent of the power under S. 439A. The revisional power of the Sessions Judge under S. 439A, as......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
.... 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 ......ed persons pending appeal was refused. The appellant then alone prayed for bail by an independent application making out a special case for bail, inter alia, on the ground that he was a B.A. Examinee from Meherpur Government College and he should be allowed to take his examination which was to be he......nce before the High Court Division (Jessore) and the same was admitted on 5.5.87. The prayer for bail of the accused persons pending appeal was refused. The appellant then alone prayed for bail by an independent application making out a special case for bail, inter alia, on the ground that he was a ...... 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
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....ecutio case by introducing the story of torch light. 8. Both the trial court and the High Court Division completely accepted the evidence of P.W. 2 Ayesha and P.W. 3 Anjuman Ara Khatun and the corroboration afforded to their evidence by P.Ws. 1, 4, 5 and 7. Upon the evidence the High Court Di...... Islam and Manik, were equally convicted and sentenced to transportation for life. The remaining three accused having been found not guilty were acquitted. 2. The appellants first preferred appeal from jail and then a regular appeal being Criminal Appeal No. 38 of 1983 against the order of convic......o importance to the submission of the learned Advocate. Lastly, Mr. Fazlul Karim argued that it was unsafe to convict the appellants on the sole testimony of a single interested witness without any independent corroboration. There is little substance in this submission also, because, besides other......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ument is produced or given 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 ......tions or if the literal. Construction results in contradiction or leads to absurdity, which could not have been the intention of the Legislature, then the rule of literal construction may be departed from and language of the statute may be modified, if necessary, by addition or alteration of some wo......clause (c) when committed in pursuance of a conspiracy or in the course of the same transaction, will fall within the ambit of sub-section (4) of section 195 including their abetments or attempts independent of the dates of their commissions. 12. The main ingredient of the prohibitory provi......ument is produced or given 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
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......ased Efaz by Ajit and in that confessional statement Daud detailed the circumstances how the hostility developed between the two groups over the lease of the Hat. The trial Court accepted the facts from the confessional statement in order lo base its conclusion on the oral evidence. Analysis of th......ious defect in the process by which the finding has been arrived at Where such defect is discovered and the finding is not considered tenable, then it should be open to the Court to come to its own independent finding upon a re-examination of the evidence untrammelled by the opinions of the Cour......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
.... of consideration the extra-judicial confession which was made before the Dafadar (P.W. 8) as there was some evidence of beating (P.W. 4) by the Dafadar. 16. The High Court Division found strong corroboration of the confession from the recovery of the dead body of the accused himself from the l......urt Division, Jessore in Criminal Appeal No. 225 of 1985.) Judgment: A. T. M. Afzal J.- The appellant who is under a sentence of death under section 302 Penal Code obtained leave to appeal from the judgment and order dated 5 July, 1987 passed by the High Court Division (Jessore Bench) i......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ...... of Pulin Sarkar and the appellant himself was engaged in bringing out and washing the dead body. This statement, however, is not there in the F.I.R. made by him. There he slated that he received source information that the appellant had killed his wife and her dead body had been concealed in th..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ...... and settled in East Pakistan. His father at that time was Secretary, Ministry of Law and later became a High Court Judge. 5. In 1952 he was sent to England with an International passport issued from Dhaka by the then Government of Pakistan and his permanent address was given at Dhaka. His pass......e President for the release of the property but her prayer was rejected on 4th February, 1985. 49. The appellant's case is that the respondent was a citizen of Pakistan when Bangladesh became an independent country, and when the President's Order No.16 of 1972 came into force; that the respon......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......bility of a writ petition by any citizen who questions the title to office of any person who is, or purportedly, holding a public office whenever it is found that the said functionary is disqualified from holding the office and the Court in its extraordinary jurisdiction will entertain the petitio....... Reading the disqualification clause in section 6 as a whole we are of the view that the pecuniary interest as referred to is an interest of any kind whether it is in connection with the contract or independent of it, for the law provides that a person having any pecuniary interest in the affairs o....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....il and Niru in the first information report. It is only in respect of this part of his evidence that he was declared hostile by the prosecution. In view of his evidence as a whole which has come in corroboration of the prosecution case, he need not have been declared hostile outright, but he coul...... 2. The prosecution case relates to the murder of Sk. Elias, an inhabitant of village Satshika under Fakirhat P.S. of Khulna district. On 5-9-79, at about 8-30 P.M., while he was returning, home from Fakirhat Bazar he was attacked by the three appellants, namely Nurul Islam (Nuru), Jalil and N...... 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. ...... 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
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......rst Appeal No. 28 of 1970.) Judgment: Fazle Munim CJ.- This appeal arises from First Appeal No. 28 of 1970 decided by a Bench of the High Court Division, Chittagong (Mohamma......er (1966) therefore continued in force automatically as Rule 182 continued in force, there having been no necessity for a separate legislation for this purpose. After emergence of Bangladesh as an independent State, Ordinance No. 1 of 1969 was repealed by Act XLV of 1974 namely, the Enemy Proper...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....ferred the Magistrate to the local police in filing the complaint. Again, though evidence of interested witnesses, such as members of the family of affected persons, ordinarily requires independent corroboration, but in cases where there is obvious reason for non-availability of disinterested wit......a case of gross miscarriage of justice either caused by perverse finding of fact or by erroneous view of law In the instant case contention of the appellant is that the acquittal has resulted from perverse finding of fact in utter disregard to the evidence on record. I am also quite aware o......ittal with conviction in the following words: "Reversal of the acquittal by the High Court and its replacement by a conviction is possible only if the Supreme Court be satisfied independently that evidence in the case wag in quality and quantity adequate to support the convic......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. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......No. 3 of 1986. (From the Judgment and Order dated 11-9-85 passed by the High Court Division, Dhaka in Civil Revision No. 506 of 1985.) Judgment: Fazle Munim CJ. - Since I have dissented from the conclusions reached by the majority of the learned Judges, I have intended to give a separa......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......4 also does not use any expression like -'new entrants'. This Article in an enabling provision in that it gives the Corporation authority to appoint its employee. In fact this Article is the only source of the Corporation's authority to take appointment of its personnel. Even the employees of ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....d to the hiding of the head and exculpated himself so far as the commission of the murder is concerned. In this view of the matter, the court accepted the inculpatory portion as true which received corroboration from his subsequent absconsion when on 18.5.76 he was arrested from the house of his f......mpanied with accused Lalu and Kabir. Thereafter the informant lodged the F.I.R. and police came to the place of occurrence and recovered the be-headed body and also the severed head of the deceased from beneath the water-hyacinth of the tank. The informant identified the dead body of his brother w......hal the evidence against the accused excluding the confession altogether from consideration and see whether, if it is believed a conviction safely could be based on it. If it is capable of belief independently of the confession, then of course it is not necessary to call the confession in aid. B......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....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. ...... be quoted: “In view of the facts the rent of the fishery is revised & fixed at Tk. 1,08,000/00 (72.000/- + 36.000/-) annually instead of Tk. 1,20,000/00 (80,000/- + 40,000/-) for the period from 1389 to 1394 B.S. The excess amount of Tk. 12,000/00 already deposited by you for the year ......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. ......This order was challenged by the lessee. The High Court granted writ following AIR 1954 SC 592. The DFO obtained leave. The Supreme Court observed: "We are unable to hold that merely because the source of the right which the respondent claims was Initially It. a contract, for obtaining relief..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......sed to be a Director. The Jiban Bima Corporation, with a view to raise construction in the purchased land deputed its officers to demarcate the area and create a boundary wall but they were prevented from doing so by defendant No. 2 and his wife defendant No. 1 Defendant No. 2 in the meantime wrote ......duciary relationship between the principal and agent, no question of adverse possession could arise. As to defendant No 1, finding of both the courts was that she got no title or interest in the land independent of her husband but nevertheless she obstructed the plaintiff's men in the erection of a ...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......000/- was compensation paid by the Pakistan River Service Ltd., for premature termination of secretaryship agreement which was executed between the assessee and B.R.S. Ltd., for 10 years commencing from 1961, which, however, was terminated during the accounting year 1967. 4. The assessee's...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......nion it is a capital receipt and not revenue receipt and as such not liable to be taxed." It was further considered that by termination of the agency the assessee has lost its revenue earning source and ''it has destroyed the structure of agency business with P.R.S now Bangladesh River Stea..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......appeals by special leave are directed against a common judgment of the High Court Division dated 16 February 1983 disposing of Second Appeals Nos. 402 and 403 of 1971, They arise respectively from Title Suit No. 532 of 1967 and Title Suit No 87 of 1969 of the 1st Court of Munsif, Sylhet. In......e Absence of a prayer for consequential relief; (ii) whether the cancellation of a document is a consequential relief or further relief under section 42 of the Specific Relief Act or it is an independent relief which cannot be available to the plaintiff except by a separate suit under ......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
17501727172617091708170717061704168716851664165116501649164816471643164216391636