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Azima Begum Vs. Yusuf Khan (Md) and others, 1990, 19 CLC (AD)

....ater released on bail by the City Magistrate, Rajshahi. The appellant was allowed to go with him. After getting the appellant examined by the Civil Surgeon, ­Rajshahi, Md. Aslam Sarker produced a medical certificate before the investigating officer showing the age of the appellant at 19 years. R......and the parties will be at liberty to take such steps as advised for hearing of the Rule. The appeal is, therefore, allowed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 53. ..

Category: Criminal Law | Date: 14 Feb, 1990 | Hits: 58

Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)

..... Abdullah himself, Dr. A.S.Q. Mohammad Sadeq and Dr. Ferdous Chowdhury who examined the victim girl on 5.12.88 and submitted the report on 8.12.88. The report was made Ext. 3. This P.W.10 proved the medical cer­tificate. He was not cross-examined. 18. These are more or less the oral evidence ad......ce by us. In the result, this appeal is dismissed and the judgment of acquittal passed by the Special Tribunal is hereby affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 349. ..

Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153

Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

Hazrat Ali & Abdur Rah­man Vs. State, 1989, 18 CLC (HCD)

....emned prisoner Hazrat Ali with the modification of sentence of both the condemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......already observed that by making voluntary and true statements in their confession they admitted their participation in the commission of the alleged murder of Sapan Kumar Mitra and Mashiur Rahman. On careful consideration of the evidence and materi­als on record we hold that the prosecution had ..

Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....roceedings in criminal misc. case No.744 of 1988 in the Court of Sessions Judge, Narayanganj may proceed except that the victim girl Ranjana Rani Das should not be released from custody. Thereafter a medical report signed by three professors of the Dhaka Medical College dated 15.10.88 was re­ceived......onable time in neutral cus­tody. Even in such a case the person concerned cannot be detained indefinitely." Section 56 of the Children Act, 1974 (Act XXXIX of 1974) provides for Court's power for care and detention of child and under the aforesaid Chil­dren Act 1974 "Child" means a person under..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ...... such petition under Rule 5. This is a prayer for attachment before judgment. Such prayer is allowed very sparingly be­cause the jurisdiction is rather extra-ordinary and it is exercised with utmost care. In this case the trial Court granted the prayer despite the objection of the Bank. Be it noted..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ......82. According to the plaintiff's case opposite party No.2 was the owner of the disputed property. He left the territory now comprised in Bangladesh in 1950 leaving the property in the custody and care of Taramoni. Her son-in-law Bisweswar Barai taking advan­tage of the absence of the owner m..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Mansur Ali Vs. State, 1986, 15 CLC (HCD)

....trial in accordance with law. The appeal is, therefore, disposed of accordingly. Bimalendu Bikash Roy Choudhury J. — I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 184. ......s composed or the dates on which those were misappropriated. But the proviso to the said section makes it further clear that such misappropriations must be within a period of one year. In the instant care the allegation is that the accused appellant com­mitted criminal breach of trust on different ..

Category: Criminal Law | Date: 13 May, 1986 | Hits: 30

Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)

....saw the accu­sed appellant at any stage before, during or after the occurrence or talked to him. Even doctor P.W.5 does not say that he had any talk with the accused appellant at the time he gave medical aid to the accused appel­lant about anything including the cause of the injury or about ......ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ..

Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5

The State Vs. Abdul Karim Sarkar, 1984, 13 CLC (HCD)

....azilla Ansar and V.D.P. Officer and Upazilla Statistical Officer. Out of the aforesaid 19 officers 5 officers ma y have several other officers work­ing directly under them. We understand that the medical services at the Upazilla level have later been taken out of the ambit of super­vision &a...... with the record duly attested by the learned Deputy Attorney General. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ..

Category: Criminal Law | Date: 28 Nov, 1984 | Hits: 1

The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)

....he injuries. Death in his opinion was due to shock and haemorrhage and pertonitis as a result of the above noted injury which was ante-mortem and homicidal in nature" 10. From the aforesaid medical evidence on record it is thus clear that deceased Abdur Rashid was done to death by a single......s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53.   ..

Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1

Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)

....As for conviction of accused-appellant Firoz under section 397 of the Penal Code, there is a clear confession that he struck P.W.4 Matiur with a hashua and thereby grievously injured him. Although no medical evidence has been adduced in support of the injuries sustained by P.W.4 Matiur, the trial Co......r Court records be sent down at once. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ..

Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4

Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)

....ng and injuring the victim Shantu as accused Tayeb dealt dagger blows on the left side of the chest and abdomen while accused Nayeb and Mannaf held him. The nature of the injury can be found from the medical evidence of P.W. 8 Dr. Mahtabuddin Ahmed which shows that by the stab injury the left lungs ......;of the Penal Code and convicted and sentenced to suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245   ..

Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1

Nurul Islam Vs. Md. Abdur Rashid & others, 1984, 13 CLC (AD)

.... In the result, the appeal is allowed and judgment and order of the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 32.......s clearing up, the Court can in a proper case, recall a witness, who had given evidence, for that purpose. But the power under the rule is discretionary and ought to be exercised with the greatest care and only in the most peculiar circumstances." Again the Indian Supreme Court in the ..

Category: Contract Law | Date: 20 Aug, 1984 | Hits: 199

Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)

....al of his application filed on 9.2.84. It is further alleged that inspite of objection raised on 14.3.83 the learned Additional Sessions Judge granted bail to the opposite party No.1 up to 15.5.84 on medical ground not­withstanding the fact that the petitioner ques­tioned medical certificate...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62.         ..

Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1

Tota @ Tofayzel Hossain Tota @ Tofayzel Hossains Vs. State, 1984, CLC (HCD)

....ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ......ore dismissed, and the order of conviction and sentence is upheld. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 74.   ..

Category: Evidence Law | Date: 12 Jul, 1984 | Hits: 6

Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)

.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7.   ......e which was exclusively a suit for a bare declaration or whether in essence it was a suit for any further relief, it will be necessary for the Court to scan the allegations as in the plaint with some care and analyse the substance, and not only consider the mere allegations that the plaintiff has ch..

Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4

Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)

....l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in:  36 DLR (1984) (HCD) 292     ......defendant No.3 under Bill of Lading No.11 dated 31-10-70. The said ship arrived at the port of Chittagong on or about 3-2-71 and the said car was discharged at the Chittagong Port on 6-2-71 under the care and custody of the defendant No.1 as statutory bailee. The plaintiff paid all necessary dues fo..

Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3

Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)

....tly allowed. In the result, the appeal is dismissed with­out any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ......njan. Netra Ranjan died leaving his two brothers Jyoti Prasad and Tarun Tapan as his only heirs. Pre-emptor respondent No.1 Mohammad Islam was the karja karak, of Jyoti Prasad & Tarun. He was the caretaker of the case land for the vendors. When the vendors wanted to sell the case land, none of t..

Category: Property Law | Date: 20 Nov, 1983 | Hits: 88

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

.....10.74 are illegal and without jurisdiction. During the pendency of the present suit he amended the plaint by an application dated 13.9,75 and averred that he was on leave from 10.11.73 to 20.7.75 on medical ground. Upon expiry of leave on 20.7.75 he filed joining report to the Adminis­trator on......iff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 71     ..

Category: Administrative Law | Date: 30 Oct, 1983 | Hits: 1