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Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
....minur Rahman visited the place of occurrence, prepared the inquest report of the dead body and seized 3 bricks tied with the dead body. In the meantime, he got information that another dead body of a woman was found in front of the house of Monowara Begum (P.W.6), which was floating on the water. He...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......ice Station that a body of a female child was floating on the water in a nearby bamboo bush on the eastern side of her house. Since the dead body was decomposed, she could not recognize the same. The age of the child was approximate 3 years. One Mukter Hossain used to reside in her house with his wi..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......R 117 = (AIR 1954 SC 340); Hiralal Patni Vs. Kali Nath, (1962) 2 SCR 747 = (AIR 1962 SC 199); Md. Ahsanullah Vs. Arafatunnessa, 33 DLR (AD) (1981) 17, at paragraph 4, page 20; Gorachand Haider Vs. Prafulla Kumar Roy, a Full Bench decision of the Calcutta High Court, 29 C.W.N. 948; Panaji Vs. Ratanch......07. Result: The application is dismissed. Cases Referred to- Ramjan Khan Vs. Obaidul Huq, 28 DLR (AD) (1976), 57; Sunder Dass Vs. Ram Parkash, AIR 1977 (SC), 1201 at paragraph 3, page 1205; Vide Kiran Singh Vs. Chaman Paswan, (1955) 1 SCR 117 = (AIR 1954 SC 340); Hiralal Patni Vs..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ......mission. However, on 8th June, 1965, the then Dhaka Improvement Trust (DIT) now renamed as Rajdhani Unnayan Kartipakha (RAJUK) executed a 99 years' lease agreement in favour of the full sister of the petitioner, namely, Mrs. Atia Siddiqui for a plot of land measuring 1(one) b...... merely wanted some time to recognize the donee as its landlady after getting a nod from the Indian Government, but this was not appreciated by the Court of Settlement and as such there was a miscarriage of justice. 15. Mr. T.H. Khan also submits that from legalistic point of view, the petition..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......at Kotwali Police Station where in presence of witnesses, Md. Ershad Hossain Joney (P.W.4) and Md. Ali Hossain, (P.W.7) four items were seized i.e. one black and white half shirt, one ash coloured full pant, one black half pant, underwear with blood and part of one ammuÂnition from the dead bod......mal Hossain. Post mortem was held on the said date and the doctor who held post mortem, found 5 bullet injuries on the person of the deceased. The opinion of the doctor is death was due to haemorrhage, shock, resulting from above mentioned bullet injuries which were ante-mortem and homicidal in ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......e charter of demand entered into a conciliation stage, the respondents-workers filed the instant five Complaint Cases in the First Labour Court, Dhaka praying for their reinstatement in services with full arrear wages and other benefits. 13. The petitioner, who was second party in all the compl......nd party. The case of respondent No.2, in short, is that he had been serving in the petitioner's establishment since 28.5.1978. His last designation was 'senior machineman' and his gross wages was Tk.5,767.50 per month. Respondent No.2 was elected assistant general secretary in the elect..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......of Criminal Procedure, 1898 (Act No. V of 1898); section 342 The fundaÂmental principle underlying in section 342 of the Code of Criminal Procedure is that the accused should be afforded a full and fair opportunity for understanding the evidence and circumstances against him. The need of......ust separate the grain from the chaff. Every piece of evidence has to be subjected to the test of objectivity and fabric of truth should be the guiding factor. It is the duty of the Court to disengage the truth from falsehood. The Court has to assess the worth of necessarily imperfect human test..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......sed Harun and dragged him to the road on the southern side of the nursery of one Montu Mia and chopped him indiscriminately causing grievous injuries on his person. P.W.2 Faisl managed his escape tactfully and reached home running and apprised him (informant P.W.1) that the said accused captured the......ons surrounded deceased Harun and dragged him to the road on the southern side of the nursery of one Montu Mia and chopped him indiscriminately causing grievous injuries on his person. P.W.2 Faisl managed his escape tactfully and reached home running and apprised him (informant P.W.1) that the said ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......resence of the witnesses and the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was quite capable to speak and the language of the document appears natural and reliable. Such written dying declaration which has been prop..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......oreign companies, banks and financial instiÂtutions. Many of the transferees started occupying and using their premises. The writ-petitioners received the consideration money either in advance or in full from the said transferees. The writ-petiÂtioners also made a widespread advertisement for tran...... of Building Construction Act though passingly in the impugned judgment and order of the High Court Division mentioned about "the protection of law" and "to be treated in accordance with law" as envisaged in Article 31 of the Constitution." 7. We have heard the learned Counsel and the learned Att..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....sed-appellant and defence examined none as D.W. but cross-examined the prosecution witnesses. The defence case was that of innocence and there was enmity between the parties and the inforÂmant was a woman of loose moral character and informant only to harass and humiliate the accused-appellant file......him that he committed rape upon the informant and, as a matter of fact, no rape was committed. 34. Md. Yasin Ali was examined as P.W.11 who disclosed in his evidence that the inforÂmant was his full sister. He further disclosed that informant was divorced by her husband and he mentioned the na......he would be killed. Then the accused forcibly raped her against her consent. Thereafter, the informant tried to catch hold of the accused and started shouting but the accused overÂpowered her and managed to flee away. In the meantime, Yasin, a brother of the informant, and other villagers came to t..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
....the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......and rest portion by
cultivating the land through borgader.
Rabindra Lal Ghosh had 3 sons out of which the plaintiff is the eldest. The
plainÂtiff being attacked with paralyses at six years of his age could not
proceed with higher eduÂcation. The other two brothers of the plaintiff are in
good..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ......er stated that a salish was held to compromise the matter and it was settled that the accused will pay 60,000 as dowry and also give 5 Kedar of land, but the terms of compromise was not complied with fully. Hence this case. 4. SI Niranjit Kumar Chandra took up the investigation who visited the ......-Shishu Nirjatan Daman Ain, 2000. 3. The facts of the case, in short, is that the accused is the distant nephew of the informant who used to visit the informant's house and taking this advantage, on 3-6-2003, in absence of the members of the family, raped Tahura, daughter of the informant a..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....he early morning he saw from his hut that accused Kala Palash, Sujan, Milon, Lalin, Mithu and others by their respective guns fired at the house of Mizan uncle. This witness also stated that he saw a woman named Parul told in a loud voice that "Kala Palash shot at Mizan uncle" and then he came forwa......m the inquest report as well as postÂmortem report and therefore, in the facts and circumstances of the case and the evidence on record the learned Judge of the Druta Bichar Tribunal No.1, Dhaka was fully justified in passing the judgment and order of conviction and sentence. The learned Deputy Att......arned Advocate for Yeasin Khan Palash alias Kala Palash and also after referring the evidence on record argues that there is nothing in evidence to show that the condemned prisoner Lalin had at any stage of the occurrence tried to shot at deceased Mizan. The learned State Defence Advocate, in the co..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....hew Hale in his Historia Placitorum Coronace or in other words, "History of the Pleas of the Crown" presented common law rape doctrines which were immediately noticed to be hostile to the interest of woman as one of the requirements was to inform the Jury during trial that rape charges were easy to ......he evidence of prosecutrix in a rape case is customarily received by Courts with some suspicion. In certain jurisdictions it is the rule that the solitary evidence of the prosecutrix being a woman of full age is not accepted as sufficient, but requires corroboration by independent evidence, in order......e of the requirements was to inform the Jury during trial that rape charges were easy to bring but difficult to defend. 3. In 1680 Lord Chief Justice Hale wrote in one of the most off-quoted passages of our Jurisprudence that rape "is an accusation easily to be made and hard to be proved and ha..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......shy;dul Gofur and he saw marks of assault on the neck and other parts of the body. No suggestion was put to him by the defence side as to the cause of her death. 14. P.W.4 Md. Azaher Ali is full brother of the deceased and he deposed that on the night of occurrence, the accused husband kil...... this judgment. 2. The prosecution case may, in short, be stated as follows:- 3. The victim Rikta Begum @ Shilpi was younger sister of the informant Anowar Hossain and she was given in marriage with the accused. Md. Abdul Gofur before about 2 years from the date of occurrence and she had b..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ......er VI Rule 17 Since all rules of the Court are intended to secure the proper administration of justice, it is essential that they should be made to serve and be subordinate to that purpose so that full powers of amendment may be enjoyed and as such it should always be liberally exercised. The onl......ers reported in 31 DLR (AD)133 wherein it is held: "Civil Procedure Code Order VI r.17 Amendment of the pleadings, when permissible. Amendment of the pleadings could be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the p..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....laintiffs stated in the plaint that the plaintiff No.1 is a minor of 16 years and his date of birth is 14.4.1984 as per admission register of the school and defendant No.1 the present petitioner is a woman of bad character and the defendant Nos.2-4 are men of local enemies of the plaintiffs. There w......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ...... No.1 and the defendant No.1 only to harass and humiliate the plaintiff No.2. The sum of Tk.1,00,500/- has been out in the Kabinnama without knowledge of the plaintiff No.1. There was in fact no marriage between plaintiff No.1 and defendant No.1, The defendant No.1 filed a Family Suit No.4 of 2000 i..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......collusively suppressed and that subsequently Shihubala Roy informed about that proceedings to her brother petitioner. Thereafter the petitioner making contact with the Barakuti Tahsil office got full particulars regarding the said probate from the papers submitted by the principal opposite part......………………………………………………………..Appellant Vs. Sree Nagendar Nath Roy and others………………………&..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accorÂdance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......al Code bars the realisation of the remaining half of the fine as the Court seems to take into account the provision of section 386(1) of the Code of Criminal Procedure which provides for recovery of full amount of fine for special reasons. The Certificate Case being CC No.১৯/জরিমানà......n Special Case No.11 of 1992 on 7-6-1993. The respondent No.3 is the Deputy Commissioner and Collector, Dhaka and the respondent No.4 is the convict Hossain Md. Ershad. 4. The petitioner, being engaged in public interest litigation to ensure and enhance public awareness of the duties and obligati..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....is for reconsideration of the prayer for custody of the victim under the grab of an application under section 31 of the Ain. Section 31 provides that if the Tribunal considers it necessary to put any woman or child in safe custody in course of trial of an offence under the Ain the Tribunal in its di......3. On going through the application moved before the Tribunal and petition of appeal as well as application for direction to release the victim to the appellant in Criminal Appeal No.3726 of 2005 carefully we find that appellant in the appeal is interested not to safe guard the genuine interest and ......p;……………………………..Opposite Party Judgment May 10, 2006. Result: The application is allowed. Proof of age of victim School Certificate and registration card issued by the Board stand more positive,..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
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