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State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......ance with the general nature of the business, i.e. within his implied
authority or he must act in accordance within his usual or customary authority.
The Agent must perform the undertaking with due care and skill. In the case of
contractual agency, the standard of care to be observed by the agent..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ...... contravened the search could be resisted by the person whose premises are sought to be searched. It may also be that because of the illegality of the search the Court may be inclined to examine carefully the evidence regarding the seizure". 37. In Matajog Dubey Vs. H.C. Bahri, A..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....ed hereunder: “হাড় ভাংগার জখমের কোন ডাক্তারী সনদপত্র দেই নাই।” 36. A careful exploration and examination of medical evidence manifests that it does not lend support to ocular evidence of P.W.1 to the effect t......y. Evidence of P.W.10 Doctor is extracted hereunder: “হাড় ভাংগার জখমের কোন ডাক্তারী সনদপত্র দেই নাই।” 36. A careful exploration and examination of medical evidence manifests that it does not lend support to o..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. Result: The appeal is dismissed with modification. A medical report is not the substantive evidence. The evidence given by the doctor in the Court on oat...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....Ws.2, 3, 8 and 9, who came to the place of occurrence immediately after the occurrence hearing hue and cry, also corroborated P.W.1. The manner of assaulting given by P.W.1 is consistent with the medical evidence. Moreover P.Ws.2, 3, 4, 8 and 9 gave evidence that the deceased before death made......ermination whether it is proved by the evidence on record that the appellants in furtherance of their common intention caused the death of the deceased, let the evidence on record be examined, carefully analysed and critically scrutinized. 9. P.W.1 Sakender All Miah, the informant and..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....arts and miscarriage. Then on 13‑8‑1998 he got his wife admitted into Terakhada Upazila Health Complex where she died on 14‑8‑1997 at 5‑10 AM due to haemorrhage. 3. Dr. Muniruzzaman, a medical officer of the hospital, in writing informed the local police station about unnatural death ......in the uterus. Thus it is established that someone caused abortion of the deceased which resulted in her death and an offence punishable under section 314 of the Penal Code was committed. 24. On careful examination, scrutiny and critical analysis of the evidence on record we find that there is ..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....persons in the cattle market. 16. P.W. 16, Constable Abdul Huq, escorted the dead body of 4(four) cadavers to the morgue for autopsy. 17. P.W. 17, Md. Halim Bhuiyan, who was the resident medical officer of Narayanganj Sadar hospital at the relevant time, held autopsy upon the cadavers ......er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....far, could have caused her death by way of strangulation or by any other weapon or hard substance and would not have caused good number of injuries on her body as revealed from Post Mortem Report and medical evidence of Doctor P.W.12. Considering the number, nature and manner of injuries on the body...... prosecution witness the approach must be whether the evidence of a witness carries a ring of truth or evidence is tainted with falsehood and Court got an arduous duty to scrutinise the evidence more carefully keeping in view the deficiency, drawback, infirmity, discrepancy coming out from the mouth..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....d. On perusal of the record it appears that only 3 P.Ws. out of 9 charge-sheeted witnesses have been examined. 20. It further appears that none of them is the eye‑witness of the occurrence and medical officer, who had performed the postmortem examination, did not come to court to depose and t......d the time. The section gives a discretion in determining what sufficient cause. A genuine or good cause or a cause which is beyond the control of a party or a cause which is unavoidable despite care and attention may constitute sufficient cause. Sufficient cause means something beyond the cont..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......which persuaded him to form a particular opinion. Discretion must be exercised not to any arbitrary, vague or fanciful manner, but on judicial principles. The Court has no jurisdiction to extend time carelessly or capriciously. In the exercise of discretion which vests in the Court, it has only to f..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
.... 323/325 of the Penal Code and also framed charges against other accused persons under section 325 of the Penal Code. 5. The prosecution has examined 12 witnesses including the doctor who issued medical certificate and the investigating officer of the case while the defence examined none. ......n. 17. Since none appeared on behalf of the accused persons and since it is a case of reversal of the judgment and order of Magistrate passed by the learned Additional Sessions Judge so I should carefully consider the evidence on record. 18. The prosecution has examined 12 witnesses. P.W.1..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ment on oath in support of the petition of complaint and also made statement before the Magistrate along with other witnesses in support of the prosecution case and the Inquiry Officer also found the medical certificate issued by Dr. Shahana Ferdous to the effect that the victim Mst. Parul Khanum wa......of section 27 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 in directing the Additional District Magistrate, Sylhet to hold local inquiry for the 2nd time and submit report on or before 30-6-2004. On careful scrutiny of section 27 it appears that there is no provision of holding local inquiry for th..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....mine whether the victim became pregnant because of rape committed upon her he forwarded her to the Head of the Forensic Medicine Department, Rangpur Medical College for examination. On receipt of the medical report he consulted the same. On the basis of the statement of the witnesses, the surroundin...... of her parents from home the jail appellant entered into her room and by pressing her mouth committed rape upon her against her will. Learned Advocate has submitted, if the learned tribunal had been careful enough to take into consideration the statements made by the victim in her cross examination..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
...., the Government acting through the Ministry of Health and Family Welfare by publishing a notification dated 28-6-86 in the Gazette Extraordinary dated 10-7-1986 listed and specified some Homeopathic medical products allowing the same to be manufactured under licence issued under the Drugs Act, 1940......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......t;(1) It will not be right to say that committals for contempt for scandalizing the Court have become obsolete.
(2) The summary jurisdiction by way of contempt must be exercised with great care and caution and only when its exercise is necessary for the proper administration of law and ju..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....itioners beyond reasonable doubt; that non-examination of the independent and material witnesses also casts serious doubt regarding the genuineness of the prosecution case. It further states that the medical certificate does not tally with the injuries alleged to have been caused by the accused......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
....ul Mazumder was assaulted by some miscreants. At that time the respondent was in his office doing his normal duties. When he heard hue and cry from the examination centre he rushed there, arranged medical treatment for Mr. Majumder and directed the police to open fire when the mob attacked the r...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
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