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Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....ife of Tota Mia gave a 'fala' blow on the right thigh of the victim Asmat Ali causing bleeding injury as a result of which 6 days after the said occurrence he died for negligence and improper medical treatment. 9. After the conclusion of the trial the learned Additional Sessions Judge, ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....evisional application. 6. In the said paragraph No.6 of the application the petitioner has not given his age nor the diseases he was suffering from nor he enclosed with the application any medical certificate from any physician from whom he was taking treatment. He also did not give the d......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......the Act and it taking actions against the defaulting manufacturers, stockists and sellers as per provisions of the Act and that the respondents also jointly and individually failed to take reasonable care to maintain proper and adequate monitoring mechanism on the manufacturers of edible salt and th..Category: Health Law | Date: 14 Dec, 2004 | Hits: 239
Firoz Chokder Vs. State, 2004, 33 CLC (HCD)
.... gone at her own will and subsequently she has been married with the accused person therefore it can not said that it is the case of abduction. Further submits that there is no sign of rape as per medical certificate given by the doctor and the petition of complaint was lodged after 2/2 months a......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ..Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7
Ain-o-Salish Kendra and others Vs. Bangladesh, 2004, 33 CLC (HCD)
....e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ......e’s Republic of Bangladesh. With this direction as above this application is disposed of. Mir Hashmat Ali J.- I agree. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 620. ..Category: Constitutional Law | Date: 20 Sep, 2004 | Hits: 176
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
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. ......dditional Attorney‑General repeatedly mentioned that the case being a case of harassment “হয়রানিমূলক মামলা’’ the decision of the withdrawal was justified, But on careful consideration of the aforesaid memo it appears that in the caption while mentioning the refe..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ...... not empowered to collect its dues in respect of private Jetties belonging to KAFCO and CUFL. 9. Since the vessel M.V. Blue-north has been released by order of the High Court Division from the care and custody of Chittagong Port authority by furnishing the bank guarantees as furnished by the ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ...... in holding that the learned Subordinate Judge (now Joint District Judge), was not aware of the legal position as to on whom lay the onus of proof in a case of benami transaction though with little care could have found that the trial Court was quite conscious with regard to the onus of pro..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....at the victim committed suicide as she could not reconcile her marriage with the condemned prisoner who is illiterate, that demand of dowry has been disproved by the evidence of PWs 4 and 13, that medical evidence is the only corroborative evidence of the eye‑witness and there being no eye...... 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
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......bank. The bank did never deny the seal. Nor any step was taken to prove the seal forged. The plaintiff deposited her original deeds in trust with the bank. The bank was required to take utmost, care in dealing with such security, particularly in making further charge on the deeds Admittedly, ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....d in absentia. This abscondence is very much an incriminating circumstances connecting Md. Delwar Hossain Faraji in commission of crime. 16. The chain of circumstantial evidence coupled with the medical evidence and abscondence is so complete that it does not leave any reasonable doubt for a co......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. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....ile serving in the Chak Bazar Branch of the appellant No. 1 (Agrani Bank) having had fallen ill on November 15, 1990 applied for leave for one month with effect from November 20, 1990 upon filing a medical certificate duly countersigned by the Medical Officer of the appellant No. 1, that thereaf...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......t is difficult to include the actions of investigation agencies within the scope of judicial process. The circumstances of each case, in which the inherent power is invoked, must be examined with care to determine whether the judicial proceeding is really intended to 'secure the ends of justice'..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
....y understood. We hardly think in terms of an industry, when we have regard, for instance, to the rights and duties of master and servant, or of a Government and its secretariat, or the members of the medical profession working in a hospital. It would be regarded as absurd to think so: at any rate, t...... provisions of the Standing Orders Act, 1965.
9. On the other hand, Mr. Nesar Ahmed, the learned Advocate appearing on behalf of the respondent No.2, submits that the respondent No.2 started his career with the petitioner-Corporation initially as an orderly and by dint of his diligence and hard..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....ant saw injuries on the person of Shafali Begum after his arrival at the place of occurrence, that the police officer (PW 12) holding inquest also found injuries on the person of the victim, that the medical evidence proved that victim Shafali Begum died due to injuries which were ante mortem and ho......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. ..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. ...... close relation of the victim. However, Court while putting reliance on statement of a close relative or interested witness would be on its tip‑toe and guard and would scrutinise the statement more carefully and would separate chaff from grain. Evidence of a close relative has only to be scrutinis..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....f occurrence. In the facts of the given case, let us consider whether the defence has substantiated its plea. It is true that the defence has not examined any witness nor has the defence produced any medical evidence in support of its plea that the condemned-prisoner was completely insane at the tim......t the time of occurrence has been admitted by the prosecution witnesses. In case where accused set up a plea of insanity and establishes his plea the Court is burdened with the matter to look into it carefully. Under such circumstances the onus of the prosecution is not merely to establish that the ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....r, he may be convicted under section 302 of the Penal Code, since the victim Shamima is the wife of the condemned prisoner whose dead body has been recovered from his house with injuries and that the medical evidence shows that "the death was homicidal in nature". According to him, the condemned pri......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. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....or preplanned one. It is difficult to accept this submission since the condemned prisoner without 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 injurie......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: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
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