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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. ......the informant did not see anyone to kill Halima and that an UD case had already been started. PW 12 the Sub‑Inspector of Police came to the house of the accused persons and held inquest on the dead body of Halima. On post-mortem examination of the dead body PW 11, Dr. Md. Hafizur Rahman found ecch..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ...... others present in the place of occurrence, PW 6, father of the deceased, PW 7 brother of the deceased and PWs 8 and 10 immediately came to the place of occurrence and saw the taking away of the dead body. The accused persons fled away and the dead body was subsequently recovered from the jungle beh..Category: Criminal Law | Date: | Hits: 51
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....ionalised enterprises placed under it are concerned, this Order has not made any specific provision. Article 4 of P.O. 27 of 1972 has vested cent percent shares of an industrial enterprise in the Government but it has retained the separate entity of the enterprise as an independent company u......ent in that case that upon nationalisation of the company he became necessarily an employee of the Corporation was rejected. But the question involved in the case before us is a different one. Here nobody disputes the proposition of law that employees of a nationalised industrial unit are not employ..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....s of the charges brought against them by judgment and order dated 28.2.73. 7. The appellant before us took a revision before the High Court Division against the said order of acquittal since the Government did not file any appeal. By the impugned judgment and order the rule was discharged in ......ition of Shamser Ali was grave and he was sent to Mymenshingh Medical College for better treatment. He, however, succumbed to his injuries there on the following day i.e. 31.3.70. Inquest of the dead body was held in the Hospital by S.I. Nurul Hoq (P.W.1) and then the body was sent to Morgue for Pos..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted 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......state Anwar and Sultan had assaulted Majid in their house. P.W.3, though stated that Anwar and Sultan gave lathi blows to Majid one each, the evidence of P.W.12 who had held autopsy on Majid's dead body, found only one injury on the dead body. Defence suggestion is that these witnesses, mother and..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
.... Section 417 Cr. P.C. provides for appeal against an order of acquittal and the powers of the Appellate Court in such an appeal are given in section 423(1)(a). Admittedly there was no appeal by the Government against acquittal in this case. The order of acquittal, however, was converted into one o......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......irpar Union Board, at that time fighting was about to ensue between the men of Zaglul Haider and J.M. Iqbal. It was alleged that Mobarak Haider shot at Nur Mohammad and he fell down whereupon his body was taken away. The dead body of Nur Mohammad could not be recovered. The information of Amir H..Category: Criminal Law | Date: | Hits: 48
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......s. Had they taken any such plea the kabala land could be relayed but since there was no dispute with regard to the suit land no relayment was done. As regards structures there is clear recital in the body of the kabalas which was noticed by the Subordinate Judge himself. Thus the finding of the Subo..Category: Tenancy Law | Date: | Hits: 106
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....ays to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants du......i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....he case of the respondents is that the licencing authority cancelled the licence in terms of the contract and the licence was given to the Mukhtijoddha Sangsad in pursuance to the decision of the Government 4. The case of the Mukhtijoddha Sangsad is that its Central Command Council made a rep......to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....1 and 2 in collusion with Tahsilder managed to file a Certificate Case No. 1145 R.A. of 1959-60 and by suppression of notices and sale proclamation managed to purchase the land in the name of the Government5. Some of the certificate debtors were already dead. After the emergence of Bangladesh pl......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the appellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush paddy which was however...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....ding 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 held within Octo......and killed by 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 accu..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....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 ......ctor(P.W. 8) stated anything about any exit wound which was bound to be there in case of a gunshot murder. He also submitted that there is no evidence that any bullet or pellet was found inside the body of the deceased which makes the story of killing by gunfire doubtful. The arguments of Mr. Fa..Category: Criminal Law | Date: | Hits: 32
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 ...... related to the principal character on the prosecution side namely, Mominul Huq. 19. In course of cross-examination of the prosecution witnesses, particularly P.W. 2 Mominul fence suggested that nobody could recognize the miscreants who had allegedly hurled bombs in the night of occurrence and ou..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....rmed. He did not show any cause but filed the writ-petition under Article 102 of the Constitution challenging the order taking the ground that in view of the mandatory provision of Rule 7 (11) of the Government Servants (Discipline and Appeal) Rules, 1984 he stood discharged from the charge as the s......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....d in First Appeal No.22 of 1970 (Mr. Justice Abdul Wadud Chowdhury and Mr. Justice MH Rahman) on 3rd May 1983. 2. Plaintiff-respondents filed a suit being Other Class Suit No.1 of 1966 against the Government in the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the s......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property 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 dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 200 ......r of articles worth Tk.5, 00/- and in that connection when resistance was offered a free-fight took place between the panics during which the deceased Wayezuddin received the fatal blow from whom nobody knew. On consideration of the evidence the trial Court convicted the appellant Bandez Ali and..Category: Criminal Law | Date: | Hits: 67
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....suit was taken up for hearing. The plaintiff in that case was examined and some rent receipts were also admitted in evidence and on these materials the plaintiff’s claim of tenancy- right under the Government - defendant was declared. The defendant's application under Order IX, rule 13, C.P.C. was...... that case there was no such question as the defendant was admittedly served with the summons and he also entered appearance but did not file written statement on the date fixed for the purpose and nobody was present nor any steps taken when the suit was taken up for hearing. The plaintiff in that c..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....all the lands within the country is amenable under section 22 of the Act for the purpose of collection of rent……………………..(8 & 9) In view of the express provisions of section 22 even Government cannot, by an order or agreement, exempt any land from assessment or payment of rent. The...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
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