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Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
.... the present one, he should consider the petition of complaint, the documents submitted, statements of the witnesses recorded during judicial enquiry if any, report of the Inquiring Officer if any, medical certificate if produced, make such examination, if any, of the accused, as the Magistrate th......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ..Category: Procedural Law | Date: | Hits: 78
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....and the prayer was allowed and 24‑1‑90 was fixed for trial. On 24‑1‑90 a petition was filed for time on behalf of the accused on the ground of his illness and the application was filed with a medical certificate, but the learned Special Judge rejected the same and passed the following order:......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..Category: Criminal Law | Date: | Hits: 110
Ful Mia Vs. State, 2004, 33 CLC (HCD)
....igated the case, visited the place of occurrence, prepared sketch map with separate index, recorded the statement of the witnesses under section 161 of the Code of Criminal Procedure and examined the medical certificate of victim Mohammad Ali. After investigation he found prima facie complicity of a......ared hostile by the prosecution, in cross-examination they stated that they put their signature in the seizure list. So only for the cause of hostile, their evidence cannot be discarded. 26. After careful scrutiny of the evidence it is evident that the alleged arms and ammunition were recovered f..Category: Criminal Law | Date: | Hits: 79
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
.... party) was trying to drag the matter. 8. The Senior Assistant Judge though found some latches and defect on the part of the defendant-opposite party because of not examining the doctor who issued medical certificate in support of her illness, allowed the miscellaneous case with cost of Taka 1500......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....en to Kulaura Hospital for treatment and from there the injured Wahed was transferred to Moulvibazar Hospital where he was admitted for treatment where he succumbed to injury and that after obtaining medical certificate, the case was filed. 4. SI Md. Mahuzur Rahman of Kulaura Police station as I.......ials on which the orders are based are clearly insufficient to support those orders, the High Court Division feels bound to interfere in the preliminary stage. The power is to be exercised with great care and is generally exercised not only when the error is patent on the face of the record but also..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......tten statements of the defendants submits that it is the case of defendants that their father Hazi Bilat Ali transferred the suit property by two deeds of Heba bil ewaz with the satisfaction of their care but fact remains that they could not able to say the date of death of their father Haji Bilat A..
Category: Property Law | Date: | Hits: 66
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......y one of those persons shall be punished with death, of imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine." This section if carefully read would give out three main ingredients- (1) that there should be a commission of dacoi..Category: Criminal Law | Date: | Hits: 75
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Habib Khan Vs. State, 2012, 41 CLC (HCD)
.... not and for that matter, determination of her age is vital issue. 17. Mr. Abdul Jalil the learned Advocate for the victim submits that the age of the victim is above 17 years which transpire form medical report, given Dr. Dahlia Sultana, Lecturer Forensic medicine, Dhaka Medical College and acco......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..Category: Criminal Law | Date: | Hits: 176
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
.... therein is marked as exhibit 4(1); that Daroga also seized some articles through 3 seizure lists in his presence which is marked as exhibits 1, 2 and 3. 28. P.W.15, Dr. Md. Ismail Hossain, is the medical officer, chest clinic, Kishoregonj who held the post mortem examination of the victim Aslam ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....er hand, the learned Assistant Attorney-General appearing on behalf of the State submits that the PM report stands in favor of the prosecution but there is no corroborative evidence in support of the medical evidence. Thus, he fails to support the conviction and sentence under challenge. Now, to app......wo storied house of the accused. As per prosecution evidence, admittedly, there is no eye witness to the occurrence. The medical evidence clearly suggests that the death was homicidal in nature. On a careful reading of the evidence discussed above, there is nothing to show that the accused was invol..Category: Criminal Law | Date: | Hits: 91
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... the Bank did not shift the goods from the said godown as a result of which the entire goods were damaged due to the devastating flood of 1998. As a custodian of the goods the Bank's duty was to take care of the goods. The goods of the petitioner were damaged due to negligence of the Bank. The Bank,..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....te appearing for the petitioners submits that following the internal feud between the parties such incident happened. He adds that the injuries as alleged by the informant are not consistent with the medical report. So the petitioner No.1 is entitled to be enlarged on bail. He lastly submits that pe......e petitioners if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..Category: Criminal Law | Date: | Hits: 95
....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
......oes not fall within the purview of the Ordinance. He also claimed refund of Taka 2,28,136.62 already paid under duress by him during the period July, 1984 to December 1985. But the respondent did not care to reply said letter. The petitioner also informed the respondent No.3 vide letter dated 11-1-9..
Category: Administrative Law | Date: | Hits: 491
.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......vocate appearing for the petitioner submits that the learned Labour Court below failed to appreciate that in an ex parte proceeding the Court has a greater responsibility and the Court has to be more careful in considering the papers on record and passing the judgment with clear findings and referen..
Category: Labour and Industrial Law | Date: | Hits: 190
...........................Respondents
Judgment
December 2, 2012.
Result:
The Rule is discharged with observations.
Degree of disability of all injured freedom fighters is determined by a medical test in 2003 that reported the disabled freedom fighters were reclassified in six categories...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 104
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......-respondent under Section 151 of the Contract Act. Section 151 of the Contract Act runs as follows:- "151. Care to be taken by bailee.- In all cases of bailment the bailee is bound to take as such care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, ta..Category: Civil Law | Date: | Hits: 106
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......strate did not take the proceedings against the petitioner. In the facts and circumstances of the case, it transpires that the entire exercise was void and without jurisdiction. The Executive did not care to read the relevant provisions of the Ain prior to taking cognizance of the alleged offence ..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....ith contents recorded, otherwise it has no evidentiary value. Inquest report itself has no evidentiary value but it can be looked to test veracity of the witnesses. But benefit of discrepancy between medical report and inquest report creates a doubt, goes in favour of accused. Inquest report is the ......ent, as such, either in confirming their sentences or in the alternative, the depositions of the witnesses and other materials on record should be look into very contiously, consciously, minutely and carefully. 19. Let us see whether the prosecution could prove the case against the convicted-accu..Category: Criminal Law | Date: | Hits: 89
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....but no sign of improvement was there and he was required to be treated outside by a specialist. It further appears that an application was moved by M Mansur Ali, Advocate on 5‑12‑95 praying for a medical report from the medical officer Sylhet Jail about the health condition of the appellant Abdu......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
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