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Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)

....llege Dhaka. That after she conceived she had been under the treatment of the accused petitioner No.1 Dr. Hafizur Rahman, the owner of Mother and Child Care Centre and as per his advice all necessary medical check‑up was done. She was also under treatment for diabetes under one Dr. Shamsun Nahar B......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588.   ..

Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

.... 3. That the petitioner by way of supplementary affidavit has stated that the petitioner filed several applications for cancellation of her transfer order on humanitarian ground as well as on medical ground but till date no step has yet been taken and nobody has yet been posted in the petit......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ..

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246

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. ......edure, 1898 (V of 1898), Section 374   The Penal Code, 1860 (XLV of 1860), 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 inj..

Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122

State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......s taken to hospital from the house of condemned-prisoner by stating that victim was taken to hospital from the house of her father. It is well settled that the Court is to examine the entire evidence carefully and must separate chaff from grain and, should not discard prosecution version and, also, ..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)

....nformation to the Estate Medical Officer that on opening the store house he found that the glass of one window was broken and one rod of the same window was curved up and he suspected theft in the medical store. The EMO then and there rushed to the store and on his direction an inventory of the ......g him guilty of the charges brought against him. Upon consideration of the enquiry report as well as the extenuating circumstance that the respondent No.2 was the first offender during his service career, the appellant No.1 instead of dismissing the respondent No.2, discharged him from service u..

Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106

Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)

....s submitted that the High Court Division and also the trial Court wrongly admitted into evidence the statement of victim which was recorded under section 164 of the Code of Criminal Procedure and the medical report of doctor who examined the victim after the occur­rence. He has argued that both ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..

Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......also served upon the plaintiff Nos.2 and 3 and moreover, Exhibit 4 dated 8‑9‑91 also showed that the suit premises was mutated in the name of plaintiff Nos.2 and 3 but even then defendant did not care to pay any rent to the plaintiff Nos.2 and 3 and therefore, the trial Court rightly held that t..

Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

....er section 164 of the Code of Criminal Procedure, produced the victim before competent Magistrate for recording her statement under section 164 of the Code of Criminal Procedure as well as before the medical officer for holding medical test to ascertain the allegation of rape, seized alamats and fin...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ...... to delay the demoli­tion at Baridhara and a notice to that effect was also on the entrance road to the house and as well as on its boundary wall but the evic­tion or demolishing team did not care to com­ply with the same and the said affidavit has been annexed with the affidavit-in-repl..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ......terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)

....ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ......rvants in all respects and she took all the responsibility to look after the said house, even she kept all the keys of deceased Alam's house and the act of cooking and serving out meals was under the care of said Farida. However, an altercation and mutual ill feelings started between Farida and dece..

Category: Criminal Law | Date: 12 May, 2003 | Hits: 74

Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)

.... Hossain, Advocate. In their submissions they assailed the impugned judgment submitting, inter alia, that prosecution failed to prove the case which is improbable and that there being two different medical reports, the first one being favourable to the accused, they ought to have been given the b......shop where the supervisor of the bus handed over the girl to him. He stated in cross‑examination that after 1/2 minutes the supervisor again came down and requested the boy i.e. PW 6, to take care of the girl. PW 9 Md. Hafizul Islam, PW 12 Md. Nurul Huda, PW 13 Md. Abdur Rahim and PW 31 Kaz..

Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316

Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)

....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference.  The appeal is dismissed without any order as to costs.  Ed. ..

Category: Property Law | Date: 11 Mar, 2003 | Hits: 436

Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)

....uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..

Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....k up investigation, visited the scene of the said occurrence, prepared sketch map with separate index, seized alamats by preparing seizure list, produced the victim before Medical Officer for holding medical examination, recorded statements of the prosecution witnesses under section 161 of the Crimi......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

.... wife. She was recovered by the police from the said house at Comilla on 20‑1­-1995. Thereafter she was produced before Medical Officer of Chittagong Medical College Hospital for examination. A medical report was submitted on 7­-3‑1995 to the effect that her age was between 18 and 18½ yea......r they are found to be ancillary to the provision of section 27(6) of the Special Powers Act and, as such, provisions of sections 87 and 88 should have been complied with. In the instant case on a careful perusal of the order No.1 dated 25‑3‑1997 to order No.3 dated 16‑6‑1997 and order N..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......e except Samir Singh there. He said that altercation continued for 15 minutes and accused could murder had they the intention of murdering. P.W. 3 added that he saw Shaymol in the next morning taking care of his cattle. 13. P.W. 4 Samir Kumar Singh stated in his chief that on the date and time ..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

.... substantiate that the victim Purnima Rani Das was assaulted by the accused persons including the accused appellant and that the accused appellant attempted to kill the victim and that there being no medical certificate to substantiate the prosecution case as to the gravity of the alleged injury cau......ed to rescue the victim but the accused Swapan Das prevented by pushing her on the floor. When she raised alarm people started to come to the place of occurrence and the accused persons fled away. On careful scrutiny of the evidence of P.W.1, P.W.2 and P.W.4 it appears that in cross-examination P.W...

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).

....e date of birth of the victim is 30‑10‑1984 it is prima facie found that she is a minor. 13. The learned Advocate for respondent No. 4 drawing our attention to the report of the medical examination submitted that the victim was found to be aged in between 17 and 19 years and t......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..

Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74