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State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......¦â€¦..(31) Medical evi­dence is a piece of corroborative evidence along with other evidence. If the prosecution case is proved by the ocular witness of the occurrence, the non-examination of the doctor is not always fatal. It depends upon as to how the other witnesses have been able to prove th..

Category: Criminal Law | Date: | Hits: 158

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......ards see whether non-examination of above 3 CS witnesses will be in any way fatal for the prosecution. 24. Out of 10 witnesses examined at the trial P.Ws.8‑10 such as Dr. Hekmat Ali (post mortem doctor), SI Atiar Rahman and SI Zulfiker Ali (part investigation officer) were official and formal w..

Category: Criminal Law | Date: | Hits: 93

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......eceive support of the above view in the case of Shafiqul Islam (Md.) Vs. State reported in 50 DLR 581. 51. Now we meet the argument advanced by the prosecution that after medical examination, doctor opined that the victim was raped. Now the question arises who raped her. The version of the v..

Category: Criminal Law | Date: | Hits: 74

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..

Category: Criminal Law | Date: | Hits: 98

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ...... evidence of P.W.8 Dr. Fazlul Mia Bhuiyan it appears that victim Shafiqur Rahman, sustained three injuries and as a result of the same he died in the hospital on 19‑2‑1985 at 11‑00 PM. The said doctor also proved injuries sustained by P.W.2 and 3 as well as accused Yunus Mia, his brother Salau..

Category: Criminal Law | Date: | Hits: 75

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..

Category: Criminal Law | Date: | Hits: 62

Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)

.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ......ersons inflicted several injuries on them and the accused persons snatched away Tk.10,000/- from his son. Thereafter the victim Majedul, niece Abeda Begum were taken to the Upazila Health Complex and doctor transferred to the victim to Rajshahi Medical College Hospital wherein he succumbed at 11.30 ..

Category: Criminal Law | Date: | Hits: 87

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

....much negligent to her duties. She was guilty of negligence of duty, professional misconduct and was engaged with some work which were detrimental to the interest of the college. She was unpunctual in attending class, was in the habit of enjoying leave without permission from the Governing Body, enjo...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..

Category: Employment/Service Law | Date: | Hits: 118

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....rroboration from other sources is available to the evidence of hostile witness, there is no reason why his evidence shall be rejected outright. If the evidence of the hostile witness fits in with the attending circumstances, then it may be accepted and considered along with other evidence. We receiv......o make the statement. In Panchdeo Singh Vs. State of Bihar, (2002) 1 SCC 577 = 2002 SCC (Cri) 211 it has been held by the Supreme Court of India that it is necessary to have the certificate of the doctor regarding the tit state of mind of the deceased to make the declaration. 60. Judged in the..

Category: Criminal Law | Date: | Hits: 85

Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....ted to take step for declaring the same as Labon Mohal; that thereafter the writ respondent No.4 issued a notice to the members of District Salt Development and Management Committee on 27.03.2006 for attending in a meeting held on 10.04.2006 incorporating 6 agendas to be discussed in the meeting. Ou...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ..

Category: Civil Law | Date: | Hits: 182

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......Considering the facts and circumstances and the evidence on record the learned Chief Judicial Magistrate, Lakshmipur found the evidence of the witnesses credible and cogent and on the evidence of the doctor found the accused person guilty under 326 of the Penal Code for causing grievous hurt to Jari..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....n the ground that the report stated that the allegations were not proved beyond reasonable doubt in spite of the fact that the full enquiry committee upon consideration of the materials on record and attending circumstances clearly found the teacher guilty of misconduct and recommended action agains......rnagar University Act, 1973. On 21.10.2008, some unruly students of the Department of Drama and Dramatic brutally assaulted Mr. Sanowar Hossain causing serious injury. He was under the treatment of a doctor of the Medical Center of the University. Mr. Sanowar Hossain then lodged a written complaint ..

Category: Employment/Service Law | Date: | Hits: 169

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......e Evi­dence Act, 1972 (Act No. I of 1972) Suggestion without being proved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in ca..

Category: Criminal Law | Date: | Hits: 118

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....that the conviction of the accused is maintainable with modification of section of law. Moreso, we are of the view that the accused is languishing in the death cell for the last 6(six) years. So, the attending circumstances imp us to consider his sentence as well and we are of the view that the ends......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..

Category: Criminal Law | Date: | Hits: 147

Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......es namely, informant P.W.1 Bhadeshar Mondal, his neighbours P.W.2 Ranjan Mondal, P.W.3 Santosh Kumar Mondal, P.W.4 Shadesher Sarkar, P.W.5 Horoshit Sarkar, P.W.6 Abdul Karim, P.W.7 Showkat Ali Molla, doctor P.W.8 Md. Habibur Rahman and Investigation Officer P.W.11 Moshiur Rahman are CS named witness..

Category: Criminal Law | Date: | Hits: 89

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ...... the Court as tutored witnesses. He further added that according to the prose­cution slain Shoeb Ahmed Litu and slain Zulfiqur sustained two injuries and one injury respectively. But the post mortem doctor found three and two injuries respectively upon them. Such inconsistences regarding injuries c..

Category: Criminal Law | Date: | Hits: 78

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....had not objected at the time of hearing the application for staying proceeding of the Execution Case No.4 of 2004 pending disposal of Title Suit No.367 of 2002 and Title Suit No.40 of 2004 and in the attending facts and circumstances of the case the complica­tions may arise if the order of stay dat......ned District Judge, Dhaka is vacated. Communicate this Judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261. ..

Category: Civil Law | Date: | Hits: 178

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....ut those decisions do not apply in the present case as the facts and circumstances of those cases are dis­tinguishable from that of the present case. 33. On careful consideration of the evidence, attending circumstances and materials on record we are constrained to hold that this case has been m......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..

Category: Criminal Law | Date: | Hits: 98

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

.... which guilt or otherwise of the condemned prisoners and another absconding convict rests on the inculpatory confessions of the condemned prisoners Nazma Sarker @ Beauty and Rokeya Begum aided by the attending circum­stances and material evidence. Confession is manifestly a very important and convi......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ...... is manifestly wrong. As to the discrepancy between the ocular evidence of P.Ws. that accused Ruhul Amin had inflicted ballam blow in the lower abdomen of the victim Belal and medical evidence of the doctor P.W.16 Doctor Nurul Huq who held post mortem examination on the dead body of the victim Belal..

Category: Criminal Law | Date: | Hits: 76