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Ayub Ali (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangla¬desh Secretariat, 1993, 22 CLC (HCD)

....aifur Rahman, the learned Advocate for the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 191 ......iya on its way facing the Tetulia River at Nimdi Taterkati at about 20.15 hours 10/13 dacoits variously armed suddenly mounted attack upon the petitioner and his companion constables, caused grievous injuries on their persons and snatched away their rifles with some ammunition. With those snatched a..

Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6

Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)

.... unlawful assembly for the commission of a crime, whether he takes active part in it or not, comes within the mischief of section 149 of the Penal Code and so far section 109 of the Penal Code, it is simple abetment of ~he offence committed. Now, in the instant case, according to the prosecution, al......arotid arterus found ruptured The tongue is protruded, laryngeal cartilage is found ruptured." 10. In the opinion of the doctor, death of the deceased was due to strangulation caused by the injuries stated above which were ante‑mortem and homicidal in nature. Now, the most important ques..

Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10

Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)

....e suit or that they acquired title in suit land on the basis of adverse possession beyond the statutory period of limitation. As the plaintiffs failed to prove their possession in the suit land their simple suit for declaration of title is barred under the proviso to section 42 of the Spec......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ..

Category: Property Law | Date: 21 Jun, 1993 | Hits: 6

State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)

....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354   ......father P.W. 3 Abdul Wahab Khalifa and he (P.W. 3) also came to the house of the accused with Dr. Nurul Huq Chandshi and local Municipal Commissioner Abdul Majid also came there. They found 16 serious injuries on the person of Maher Negar and found that the accused had absconded. Informant P.W. 3 Abd..

Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4

Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......n the same day detenu along with 7/8 other persons, three of whom were named, stopped the minibus enroute and attacked the conductor of the bus with a dagger with the intention to kill him and caused injuries to his person. The second ground was that about 7 months after this incident the detenu in ..

Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187

Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)

....he employees under the Ordnance Factories Board established under the Ordinance Factories Board Ordinance, 1961 (Since repealed) are not civilian employees in any of the defence services but pure and simple Government Servants (i.e. persons holding civil posts in service of the Republic) serving und......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318   ..

Category: Administrative Law | Date: 27 May, 1992 | Hits: 1

Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)

....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......s landlords, respondent Nos. 5 and 6, for evicting the Petitioner therefrom. The petitioner could not appear but sent an application for time expressing his inability to move. After recovery from the injuries, the petitioner returned to Madaripur by the end of February, 1989 and found the press prem..

Category: Criminal Law | Date: 25 May, 1992 | Hits: 107

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....this appellant Bholai Pramanik is that though there was an order from HTNC, Md. Naib Ali Akanda for attaching the said BTO. No. 40058 with 765 Up goods train he failed to attach the same. That is the simple allegation but the prosecution tried to impress that he dishonestly failed to attach it. In t......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)

....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ...... prepared and thereafter sent the dead body to the Sylhet Morgue for postmortem examination. 'The complainant's husband and her son Fakhrul were under treatment for long time because of their injuries. 4. As the police of Balaganj PS refused to register any case, the complainant filed a..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....ed into a Revision and the Rule issued on an application under section 115 of the Code of Civil Procedure is now heard on merits, the said Rule would also be liable to be discharged in limine for the simple reason that in the instant case there is no jurisdictional error or material irregularities c...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....hat the suit is barred by section 42 of the Specific Relief Act as it failed to come to the findings that the plaintiffs were out of possession at the time of institution of the suit and the suit for simple declaration was not maintainable without consequential prayer for recovery of khas possession......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

....ision No.21 of 1989 refusing bail of the appellants at the time of issuing Rule arising from an order of conviction under section 323 of the Penal Code wherein the appellants were sentenced to suffer simple imprisonment for 4 (four) months and also to pay a fine. 2. The accused‑appellants we...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42

State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)

....g. It was held "In criminal cases section 106 of the Evidence Act is attracted in exceptional cases where a relevant fact is pre‑eminently within the knowledge of the accused. The rationale is simple. It is just and proper that the accused is to prove a fact that is especially within his know......espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..

Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ......The Assistant Surgeon of Pabna Sadar Hospital held autopsy on the dead body of the Chairman, identified by his son and others, and gave a report to the effect that death resulted from multiple stab‑injuries found in the dead body. In due course, these four accused were put on trial before the Addi..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)

....ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ...... High Court Division. 2. Respondent No.1, Jogesh Chandra Roy, filed a complaint before the Magistrate at Dinajpur alleging that the accused-appellants assaulted him and his MCD causing grievous injuries with daos when some cattle of the appellants, which destroyed his Aush crop, were sought to..

Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76

Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)

....155 of 1989 shall be kept intact and the further evidence which will be adduced by the petitioner shall be recorded by the Magistrate. Ed. This Case is also Reported in: 43 DLR (1991) 66. ......bruptly closing the trial on 26.11.89 without affording opportunity to the appellant to prove the materials of three medical certificates by calling physicians who issued the same after examining the injuries sustained by the appellant and other victims named in the petition of complaint. The learne..

Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80

MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)

.... was given a termination order on 2.9.82. He complained to Labour Court that he was victimised for his trade union activities. The petitioner denied the allegation and contented that it was a case of simple termination of service under law without any stigma. The Labour Court, however, found that th......on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ..

Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168

Nannu Gazi Vs. Awlad Hossain & others, 1990, 19 CLC (AD)

....dgment and order dated 3.11.1985 passed by the High Court Division, Barisal Bench, in Criminal Revision No.46 of 1985). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave the simple question for determination is whether a Magistrate can discharge the accused, without framing......t aside and it is directed that the case (GR Case No.1185 of the Court of Upazila Magistrate, Amtali) proceed according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 63. ..

Category: Criminal Law | Date: 14 Aug, 1990 | Hits: 60

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

....nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ....... On completion of investigation P.W.15 submitted chargesheet on 18.9.79. 7. P.W.6, Dr. Moqbul Hossain held post‑mortem examination of the dead body at about 2 PM on 22.7.79. He found several injuries on the person of the deceased, haematoma, abrasion etc. and a continuous ligature mark over..

Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50

Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)

.... meant by the same. 12. The Trial Court at the end of the deposition of P.W. 1 observed as follows: "The way this witness was talking in the witness box it appeared that he is a very simple man". 13. The observation of the demeanour of a witness by the Trial Court is not ...... the left shoulder directed medially and one punctured wound 1" x ½" abdominal cavity on the right iliac region, Death, in his opinion, was due to shock and haemorrhage from the said injuries. The defence examined none. Defence case as elicited from his cross‑examination of the pr..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91