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State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ......le the accused Mehbub and others according to pre‑plan gheraoed them and attacked them and fired from the pistol aimed at them as a result of which Sentu was killed on the spot and Amir Shakil with injuries was taken to Dhaka Medical College Hospital where he was declared dead and the respondent a..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Mukul Vs. State, 2004, 33 CLC (AD)
.... 16. Review is not available to a party when a case has been fully heard and a decision given on all available material. The party adversely affected by the decision cannot apply for review on the simple ground that it is not satisfied with the correctness of the decision. 17. In th...... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....nd truly speaking, misreading of the word ‘placement' appearing in the advertisement dated 22‑12‑1982 which is a term put forward in the advertisement cannot be a ground for any review, for the simple reasons that terms could be varied, altered or deleted not being in conformity with the provi......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ...... remained fugitive from law and justice till conclusion of trial and he was tried in absentia. 4. Autopsy on the cadaver of deceased Hasi Begum by Dr. SM Nasir Haider (P.W.5). He found following injuries: (1). One bruise mark 5’’ in length and irregular in breadth on either sid..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....e made to reflect any changes (upwards or downwards) in major cost components of the contract such as labour, equipment, materials and fuel. Price adjustment provisions are usually not necessary in simple contracts involving delivery of goods or completion of works within eighteen months. but shal...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ...... and danced on the chest of victim Khaled, for which victim's rib cages were broken, but PW 21, the doctor who held postmortem examination on the dead body of deceased Khaled did not find any injuries on his chest or any mark indicating that the petitioner or any of his companions had assau..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......om Ali Ahmed (PW 3), the informant has come to the place of occurrence and seen that Shafali Begum has been lying dead in the west Bhiti hut. The dead body has been kept under a cover. He has noticed injuries on her person. The condemned prisoner has assaulted the victim with chain to death. The nei..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......t carotid), nerves and other soft structures and cutting of the body of the 7th cervical vertebra. Death, according to Dr. M Shamsul Hassan (P.W.9), was due to shock and hemorrhage resulting from the injuries which was ante-mortem and homicidal in nature. 4. Anjuara Khatun made extra‑judicial..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ......re taking supper and on seeing that Nazrul became furious and brought an axe from the house of his uncle and dealt two blows on the head of Shalema, at which, Shalema fell down on sustaining bleeding injuries on her head. Nasima, Halima (P.W.5) and Parul (not examined) removed the victim Shalema to ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....ht can be defeated only under the provisions of law embodied in sub-section 10(a) of section 96 of The Act. Sub Section 10(a) of section 96 of The Act enshrines that section 96 shall not apply to a simple or complete usufructuary mortgage or until a decree or order absolute for foreclosure is mad...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......to the house of accused persons and found none in the house. He found the dead body of Shamima. Neighbours told that she was assaulted by Bahar, Abul and Mafia for dowry and they killed her. He found injuries on the person of Shamima. Thereafter, he lodged the first information report with the local..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......ithout provocation inflicted several blows by 'Dao' at different places of the body of the victims and the medical officer, who held post mortem examination, has deposed that the death was due to the injuries caused in the different places of the body of the deceased persons by the condemned prisone..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ......, Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries. Survival of the victim for sometime after the injury was caused upon is not a ground for ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
.... literally means forcible seizure and that element is characteristic feature of the offence. Therefore, it can be said that rape is forcible ravishment of a woman/girl without her consent. To put the simplest definition of rape is it is, having sexual intercourse with a woman/girl without her consen......ehana Begum, aged about fifteen (15) years on the day of incident, was captived to lewdness of Md. Awal Fakir who is husband of her elder sister Tara Begum. Rehana Begum was deflowered. She sustained injuries on secret parts and some other parts of her body. She was taken to hospital and there she t..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
.... "Dr M Zahir, learned Counsel for the petitioner, submits that even if the money was to be paid by 10‑4‑1998, i.e. within 30 days of decree dated 10‑3‑1998, the simple interest @ 16% on Taka 1,37,66,309 from 10‑4‑1998 to 26‑8‑1999 when......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Khandaker Abdul Hannan Vs. Sayara Begum, and anr., 2004, 33 CLC (AD)
.... and order dated March 30, 1987 of the Court of Sessions Judge, Brahmanbaria, in Criminal Appeal No. 48 of 1986 dismissing the appeal upon modification of sentence of rigorous imprisonment to simple imprisonment. The appeal was filed against the judgment and order dated October 13, 1986 pas......cordingly, the appeal is dismissed upon reduction of the sentence to the extent of period of imprisonment already served out. The appellant is discharged from his bail bond. Ed. ..Category: Criminal Law | Date: 22 Apr, 2003 | Hits: 78
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
.... application of any member of the Company and not at the instance of the defaulting Bank and any person who may be aggrieved is the member of the banking company and not the Company itself, for the simple reason that the Company could not take advantage of its own fault in not holding the Annual ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
....nts Act. 3. The convict respondents preferred an appeal before the Metropolitan Magistrate, Dhaka being Metropolitan Criminal Appeal No. 260 of 2001 which was dismissed and the sentence of simple imprisonment for 1 year was maintained but fine of Taka 1,80,00,000 was reduced to Taka 90,00...... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ......cumstances of the case and the evidence adduced by the prosecution we have good reasons to believe that the PWs 11 and 12 doctors who examined the victim (PW 1) have, stated the correct nature of the injuries and have opined it a case of forceful sexual intercourse and we are to accept his (sic) opi..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
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