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State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ...... should be rejected and the convicts should be acquitted from the case. 13. Now, in order to appreciate the arguments of the respective parties as submitted before us let the evidence on record be carefully scrutinized and critically analysed for determination whether the prosecution could prove ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......to possession of the same taking almost earnest money of the price? 6. Whether plaintiff erected homestead in the part of Ga schedule since 1952 AD and possession Ga schedule land and it was under care and custody of Gani Miah and Joynal Abedin since 1966 in absence of the plaintiff? 7. Whethe..Category: Property Law | Date: | Hits: 83
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....ctim on 15-10-1999 and found that the victim Raihana Khatun was raped. He also found that the victim was 15/16 years of age at that time. During cross-examination, he declined to have submitted false medical report. 18. P.W. 7, Abdul Mannan Khan, only says that he found an unknown girl near his h......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....r Alam, Mukut, Rawshan, Huda, Mukul, Murad, Pannu and Chandan had been arraigned as authors of causing the fate of deceased Ajoy Kumar. 3. Ajoy Kumar was taken to Dinajpur General Hospital. He was medically treated by Doctor Rafiqul Islam (P.W.6). He found: 1. One penetrating wound on the mid...... prosecution witness the approach must be whether the evidence of a witness carries a ring of truth or evidence is tainted with falsehood and Court got an arduous duty to scrutinize the evidence more carefully keeping in view the deficiency, draw back, infirmity, discrepancy coming out from the mout..Category: Criminal Law | Date: | Hits: 98
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....essions Judge that there was rioting between the parties over the possession of the disputed land in which victims belonging to both the parties were injured appears to have substance. 9. From the medical evidence of P.W.8 Dr. Fazlul Mia Bhuiyan it appears that victim Shafiqur Rahman, sustained t......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..Category: Criminal Law | Date: | Hits: 75
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....was totally silent about being threatened with a scissor. Mr. Khan contends that given that the appellant is alleged to have inflicted blows with a dagger on the hands and legs of the informant, no medical certificate was produced in Court in support of the alleged injuries. 12. Mr. Khan subm......an seven years and shall also be liable to fine." 61. It is to be noted that both section 385 and section 387 begins with the words- "Whoever, in order to the committing of extortion.......". On a careful reading, it is apparent that the application of the sections are confined to cases of extort..Category: Criminal Law | Date: | Hits: 62
Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)
....nals trial is appreciated however the High Court Division cannot condone the Government's act to restrict the citizens from going abroad to perform their religious rites, for example, Umrah or to get medical check up or for any other humanitarian reason. In the face of clear and unambiguous provisio......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..Category: Constitutional Law | Date: | Hits: 147
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
.... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ..Category: Criminal Law | Date: | Hits: 87
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......esh Rifles. Soon after their marriage the defendant No. 1 treated the plaintiff No. 1 with cruelty. He demanded dowry from her. He was in the habit of coming home after 4/5 months and he did not take care of her during those periods. As the plaintiff No.1 refused to pay the dowry the defendant No.1 ..Category: Family Law | Date: | Hits: 114
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ...... no other bench to take such writ petition for hearing. When the criminal proceeding was launched and pending on the ground of evasion of customs duly and other charges we were the only Bench to take care of such application. We accordingly, entertained the writ petition and heard it. 49. Moreove..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......n in good condition he is entitled to receive the goods at the port of destination in good condition and that the carrier will be held responsible for the loss or damage to the goods which are in his care and custody. It was further held that initial onus is on the shipper to show that he delivered ..Category: Limitation Law | Date: | Hits: 174
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
.... in protecting and serving the interest of the Karmachari Somity which incurred displeasure of the Respondent No.1. While serving under the Respondent No.1 the petitioner became ill and underwent medical treatment lying in the Hospital when he received an order dated 6.2.1996 passed by the Respo......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....of mind and body to speak and had opportunity to observe and identify the assailant. Court in order to satisfy whether the deceased was in a fit mental condition to make dying declaration looks up to medical opinion and without medical certificate about mental fitness of the maker of dying declarati......hood and involve innocent persons in preference to his assailant. That is why particular sanctity is attached to such a statement and it is admissible as substantive evidence. But the Court must take care to see that the statement is genuine and was actually made by the dying man, for it is not unli..Category: Criminal Law | Date: | Hits: 85
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......ase against the detenue and the same is the subject matter of the detention order, he shall be released…………………(5) Whether in a specific case where general law of the land has taken care of an offender as per law of the land, can this provision of preventive detention as contemplat..Category: Criminal Law | Date: | Hits: 66
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
....the learned Advocate has relied upon a decision of Mauns Po Yi Vs. Ma E Tin and another reported in 24 AIR 1937 Rangoon 253. In that case, a person was cut on the head by the accused with a knife. On medical evidence it was found bone was cut through and that the knife then touched the skull bone an...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....ely, Chinmoy Gupta, Angali Islam Shimu, Inon Naher, Fahima Sharmin Dipty, Anika and Ruman of the department of Drama and Dramatics to the Vice-Chancellor of the University on 21,10.2008 enclosing the medical certificate about the incidents. The staff reporters (University correspondents) of The Dain......ion concerned, preferably from organizations working on gender issues and sexual abuse.....................................(57) If a student is expelled even for the time being his/her educational career is seriously jeopardized. Such an expulsion is only permissible after enquiry and after givin..Category: Employment/Service Law | Date: | Hits: 169
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....f conflict preference can be given to occular evidence. But this is not always true as there are always exceptions to it and there can be cases where occular evidence can be given preference over medical evidence. Of course, no generalisation is possible in this behalf. The statement of the do......currence in the manner as alleged, by the prosecution. Further case of the defence is that the rented house in occupation of the appellant belonged to one Shymal. The informant and his brother were caretakers of that house. They let out that house to appellant on condition that appellant would..Category: Criminal Law | Date: | Hits: 118
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
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