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Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....th when she went to the pond for her bath. He claimed that the Daroga prepared inquest report of the dead body of the deceased in his presence and claimed to have seen different injuries on different parts of her body, such as below the left ear and left hand. He denied the defence suggestion that t......he deceased on falling into pond at the time of bath. Thus, the suo moto first information report was lodged by police officer on receipt of report of the post‑mortem examination as well as holding investigation in UD case bearing No.16 of 1992 so lodged by brother of the deceased over which post..Category: Criminal Law | Date: | Hits: 88
Sirajul Islam @ Siraj and another Vs. State, 2003, 32 CLC (HCD)
....ds: Firstly, the reporting police officer did not obtain prior approval of his higher authority as required by section 7(3) of the Environment Courts Act, 2000, even though the Director General, Department of Environment (DG, DoE) has designated the Assistant Commissioner of Police for that purpo...... সরাসরি উক্ত ম্যাজিষ্ট্রেটের নিকট পেশ করিতে পারিবেন৷…………” 12. Under section 7 of the said Act, investigation of environmental offences can be initiated and investigation report can be submitted b..Category: Environmental Law | Date: | Hits: 414
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....ilar orders, by which applications of the plaintiffs for temporary injunction were rejected and earlier order of status quo vacated. As the issues raised in both the Rules are the same and contesting parties are common, both the Rules were heard together and now disposed of by this order. 2. On 8......her the revisional jurisdiction of a High Court was intended to cover decisions, which did not dispose of the suit or proceeding, possibility of delay arising in the disposal of some cases because of investigation commenced by the High Court is not, in our judgment, a sound ground for presuming that..Category: Civil Law | Date: | Hits: 100
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....This petition for leave to appeal arose from the judgment and order dated 11th August, 2009 of a Single Bench of the High Court Division in Civil Revision No. 2323 of 2009 making the rule absolute in part. 2. Facts relevant for the disposal of this petition are that the petitioner instituted Titl......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467...Category: Civil Law | Date: | Hits: 75
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ng payment of attended service benefit to the respondent despite of challenging the memo dated 31st December, 1996 which being merely a letter to supply his service book, if preserved, along with the particulars of his service period and secondly, whether in the absence of special circumstances dete......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ..Category: Administrative Law | Date: | Hits: 229
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... 2. Prosecution case, in short, is that Sub-Inspector Abdul Aziz Hawlader as informant lodged First Information Report with Sutrapur Police Station stating inter alia that main opposition political parties called day long hartal on 28-2-2000 and on that day informant along with his police force wa...... day informant along with his police force was on duty. Accused-appellant and 10/12 others created panic by exploding bombs. Accused- appellant along with two others were arrested. 3. Police after investigation submitted charge-sheet against accused-appellant and five others under sections 10/12 ..Category: Criminal Law | Date: | Hits: 34
Karam Ali Vs. State, 2001, 30 CLC (HCD)
.... informant and his accompanying police force at about 1-30 PM found 7/8 young men boarding an engine driven-boat in the Shitalakhya river and started moving towards a certain direction. The informant party followed them. When the said boat came near Sonakanda Ghat the informant party tried to stop t......their evidence. We do not find any reason to disbelieve their corroborative evidence. The learned Assistant Sessions Judge was fully justified in relying on their evidence. We have already found that investigation officer of the case could not be examined by the prosecution due to circumstances beyo..Category: Criminal Law | Date: | Hits: 97
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....sional Special Judge was justified in passing the impugned order of conviction and sentence. Findings and decision 13. To appreciate the points raised by the learned Advocate for the contending parties, it is necessary that the material evidence of the case be scrutinized. 14. P.W.1 Binoy K......rm, the standard signatures of Haji Asgar Miah, the signatures of accused Md. Ali Hossain and accused Tara Miah to the hand-writing expert and obtained his opinion thereon and after completion of the investigation and on obtaining sanction for prosecution of the accused persons from the appropriate ..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....uty Attorney-General with Anisul Haque Md. Mostafa, Assistant Attorney-General—For the State. Criminal Revision No. 557 of 1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the......e are to consider some relevant sections such as sections 173, 205C, 265B and 265C of the Code. Relevant portions of sections 173 and sections 205C, 265B, 265C are reproduced below: 173. (1) Every investigation under this Chapter shall be completed without unnecessary delay, and as soon as it is ..Category: Criminal Law | Date: | Hits: 45
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....convicting and sentencing accused appellant Md. Salim under section 302 of the Penal Code. Findings and decision: To appreciate the contentions raised by the learned Advocates of the contending parties, it is necessary for us to scrutinise the material evidence on record. 10. Informant Abdu......tend upon her. As her condition was critical, she was hurriedly removed to Sonagazi Hospital on the advice of the attending doctor. Subsequently, she succumbed to the injuries. 3. The police after investigation submitted charge sheet against accused appellant Md. Salim under section 302 of the Pe..Category: Criminal Law | Date: | Hits: 53
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
.... judgment and decree dated 16-2-98 passed by the learned Additional Assistant Judge, Second Court, Dhaka in Title Suit No. 96 of 1995. 2. Brief facts for disposal of the Rule are that the opposite-party No. 1, as plaintiff, instituted the above Title Suit No. 96 of 1995 stating, inter alia, that ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ..Category: Property Law | Date: | Hits: 32
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....was born in 1936 and at the time of his appointment, the Public Servant Retirement Act, 1974 was not in existence and he did not consider his date of birth would be a very serious factor in the later part of his service. He came to know that the petitioner-company started preparing a list of employe......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271...Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....ught above suit against the defendants on the averments made in the plaint that he is an employee of the Urea Fertilizer Factory at Ghorasal (hereinafter referred to as the factory) of which opposite party Nos.1, 3, 4 and 5 are members with opposite party No. 2 as Chairman of the Election Upa-parish......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...Category: Labour and Industrial Law | Date: | Hits: 99
....ew the suit from the 1st Court of Assistant Judge and ordered its disposal by an appropriate Bench of the High Court Division in terms of Article 110 of the Constitution.
7. Each of the contesting parties examined one witness and exhibited documents in support of their respective cases. Plaintiff......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
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Category: Property Law | Date: | Hits: 72
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....vil Procedure against order dated 10-9-2000 passed by Senior Assistant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1997. 2. Short facts for disposal of the Rule are on 13-5-81 opposite party No.1 and the predecessor of opposite party Nos. 2 to 7 as plaintiffs instituted Other Suit No.......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ..Category: Property Law | Date: | Hits: 29
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....used persons, accused Rashid Ahmed and 17 others, being armed with deadly weapons like knife, kiris, lathis, etc. suddenly attacked him and started inflicting indiscriminate blows on him on different parts of the body. It has been alleged that accused Ashraf Ali gave two kiris blows aiming at the he......ace of occurrence and prepared a sketch map thereof with separate index, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and, on completion of the investigation, submitted charge-sheet against the accused persons under appropriate sections of law ..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....ns in the light of kupi which was burning in the room at that time. On 3-11-89 at noon said Anwara alias Anu Begum and their daughter Hena brought Sanwara to the house of the informant. After their departure the victim girl narrated the incident of her violation to the informant and her mother and o......f Criminal Procedure and prepared a sketch-map with index, too the victim to the Upazila Magistrate for recording statement under section 164 of the Code of Criminal Procedure and after completion of investigation submitted charge sheet. The accused-appellant with his wife said Anu Begum alias Anwar..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....ith Civil Revision No. 2617 of 2001. Judgment Md. Abdur Rashid J. - This order will dispose both the Rules, which arise out of the following facts and circumstances: 2. On 8-11-1994 opposite party Nos. 1 to 9 in the earlier Rule made an application under Order XXI rules 100 and 101 of the C......mmissioner reported that he did not receive any co-operation from the petitioner yet he could identify the land. It may be noted that the commissioner was appointed for local inspection not for local investigation. The application of the petitioner before the executing Court dated 3-11-1994 and the ..Category: Property Law | Date: | Hits: 26
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....o response the petitioner moved this Court with the writ petition and obtained the instant Rule. 4. Though the Rule was issued on the respondent Nos. 1 to 3 but, in fact, the respondent No. 5 is a party in the Rule in whose presence the Rule should be heard inasmuch as the licence under challenge......d of the respondent 5 afresh on merit having regard to the report of the enquiry of the Nazarat Deputy Collector, evidenced by Annexure-C to the writ petition and, if necessary, causing fresh enquiry/investigation, and then to grant registration and issue licence in accordance with law, within 3 mon..Category: Civil Law | Date: | Hits: 162
Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
..... He further submits that the accused-appellant was neither First Information Report named nor he confessed his guilt inasmuch as nothing was recovered from his possession which may show that he took part in the occurrence. He then submits that saves and except the confessional statements of two co-......, Julhash alias Mongla and Ramjan Ali while they were retreating. The First Information Report was lodged accordingly on the following day with Dhunat Police Station. 3. Thereafter, police took up investigation, visited the place of occurrence, seized alamats of the case, received the two dacoits..Category: Criminal Law | Date: | Hits: 89
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