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Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....sal rule to determine the question as to whether a provision in a statute is 'mandatory' or 'directory'. But it is the duty of the Court to get at the real intenÂtion of the legislature by carefully attending to the whole scope. The determination of the question whether the provision is 'mandatory'......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......ed in for treatment of his father but he cannot say for what ailment. P.W.1 Abu Baker Sikder also states that before that time his faÂther was not attacked with any disease. Further he says that the doctor did not find any new disease. As to the statement of the witnesses Nos.3, 4, 7 and 8 it appea..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......e deceased Abdul Hakim are responsible for the death of their father. 10. In this case, the prosecution has examined 15 witnesses. Out of them, P.Ws.4, 12, 13 and 14 are all formal witnesses being doctor, magistrates and police officers. In this case, there is no eyeÂwitness of the occurrence. T..Category: Criminal Law | Date: | Hits: 92
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......xamined, but disclosed nothing adverse. In addition P.W.5 stated that while she met the appellant at Gournadi hospital, did not find any injury on his person. 9. P.W.7 Dr. Nirmal Bodya, a village-doctor stated that on 17.1.1988 at about 11/11.30 p.m one Makbul and Gani had called him and informe..Category: Criminal Law | Date: | Hits: 125
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......ppellant’s wife) became seriously ill. He returned home and saw her in a critical condition with froth secretion in her mouth and nose. He also got smell of poison in her mouth. He had called for a doctor, but she died before the doctor came. 3. On receipt of the said unnatural death case, a S..Category: Criminal Law | Date: | Hits: 114
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ed the house of occurrence on call and saw the victim was lying in senseless condition. He examined her, but did not get any pulse. He, however, advised the inmates of the house to take her to a good doctor. P.W.20 Dr. Hafizur Rahman, the doctor who conducted the postmortem, proved the postmortem re..Category: Criminal Law | Date: | Hits: 110
Abul Kashem & anothÂer Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......alilur Rahman and sent the dead body through him to Jessore Sadar Hospital for post morÂtem examination and he and constable Azizur carried the dead body to the morgue and identified the same to the doctor. Defence also declined to cross-examine him. 15. P.W.3 Constable Abdul Aziz was tendered a..Category: Criminal Law | Date: | Hits: 147
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......section all the soft tissues, including blood vessels, trachea and oesophagus were found dissected. The brain matters, lungs, heart and liver were found partly decomposed Death, in the opinion of the doctor, was due to shock and haemorrhage as a result of the above mentioned injuries which were ante..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......) accused Akhter Hossain guilty under section 325 and accused Abdul Khaleque under section 323 of the Penal Code. In this case the prosecution examined 12 witnesses including informant 4 victims, the doctor and the Investigating Officer. The prosecution case is that at about 6-00/6-30 AM on 6-12-85 ..Category: Criminal Law | Date: | Hits: 109
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......e sight and beneath the injury. 2. On opening the abdomen and thorase the left lunge found perforated and the chest cavity containing about 8 ounce clotted blood. According to the report of the doctor the death was according to his opinion due to shock and haemorrhage resulting from above note..Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......ence which, under the circumstances of the case, would be unreasonable, such report may be used as evidence." 38. This section is an exception to the requirement of law that the evidence of the doctor who prepared post‑mortem report is material and also prejudicial to the accused as he is de..Category: Criminal Law | Date: | Hits: 86
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....t of the acÂcused must be borne out by the evidence on record and the finding must have been the reasonable conÂclusion of a reasonable man from the evidence on record taking into consideration the attending facts' and circumstances of a particular case. 16. I have given my anxious consideratio......ggestion that at the instigation of the local people they have instituted this false case and because of this falsity their leader did not come there and depose in this case. P.W.2 is a local M.B.B.S doctor. He said that he does not reÂmember whether Rakkhi Bahini people recovered any arms and ammu..Category: Criminal Law | Date: | Hits: 97
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
.... This set of witnesses comprising P.Ws.1-3 and 10 were hearsay witnesses and did not disclose in their evidence from whom they heard about the occurrence. Two of them were declared hostile. Under the attending circumstances and from the trend of their depositions they appear to have concealed the ap......to the place of occurrence and saw the appellant to run away towards a hill situated at the eastern side of the place of occurrence. Immediately they took the victim to Ukhia Heath Complex, where the doctor declared him dead. 3. The ejahar gave rise to Ramu Police Station Case No.12 dated 27.4.19..Category: Criminal Law | Date: | Hits: 102
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ...... report, he thoroughly examined the dead body, but did not find any abrasion or injury thereon. He also stated, with reference to the victim’s sons and daughters, that the victim was advised by his doctor to talk less. 5. P.W.2 Abdul Aziz, eldest son of victim Shona Mia stated that on hearing h..Category: Criminal Law | Date: | Hits: 101
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...Category: Property Law | Date: | Hits: 88
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..Category: Criminal Law | Date: | Hits: 141
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
.... a close reading of the impugned order quoted above it transpires that misuse of power, vioÂlation of rules and irregular activities of the ChairÂman resulting in the abstention of the members from attending the meetings of the Upazila Parishad which is said to have created deadlock in the normal ......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....ge, Chittagong. The detenu was suspended from service with effect from 12.7.86. Since then he resided at Dhaka and he never misused the privilege of bail in the criminal case against him. He has been attending Chittagong Court on every date without any latches. 3. On 14.8.88 the detenu was arrest......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
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