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Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......k pays on a cheque which does not contain the customer's signature, the bank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from informing the bank of forgery..Category: Criminal Law | Date: | Hits: 130
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....m strangulation and also from above mentioned injuries which was ante-mortem and homicidal in nature. 27. He further stated that autopsy on the dead body of the said unknown man was held through a medical board, Dr. Mozibur Rahman and Dr. Md. Alfaz Uddin were also the members of the medical board....... 2,00,000 only. So, the motive for murder as has been ventilated by the prosecution appears to be very much hypothetical. The Tribunal relied much upon the evidence of P.Ws. 2,6,7,9,10 and 11 but on careful scrutiny it appears that their evidence are not reliable at all. The prosecution case has ..Category: Criminal Law | Date: | Hits: 147
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....scharged 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: 13 MLR (HCD) (2008) 427. ......fact made by the Labour Court could not be upset in the writ jurisdiction. 16. It is also contended that before filing of the complaint petitions, the grievance of the respondent-workers was taken care of by the union which raised a one-point charter of demand on 19.7.2000 and as such, the compla..Category: Labour and Industrial Law | Date: | Hits: 138
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....ho was also competent to say about victim's age did not depose in the case. P.W.8 Dr. Habibur Rahman only deposed about the age of the victim girl. He stated that he along with two other members of a medical board had examined the victim Bishakha Mondal alias Rajia Khatun on 17‑9‑96 (three month......he appellant informed us that the victim girl voluntarily converted herself into the religion of Islam and married the appellant and at present she is residing in the house of the appellant under the care of his foster father Noor Ali SK who is also the childless full brother of appellant's late fat..Category: Criminal Law | Date: | Hits: 89
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....d in the eye of law. 10. Mr. Md. Ibrahim Khalil, the learned Assistant Attorney-General appearing on behalf of the State-respondent opposes the appeal and submits that there is no conflict between medical evidence/ and the testimony of the prosecution witness. Rather their evidence is consisten......tions of the witnesses, impugned Judgment and given our anxious consideration to the submissions advanced by the learned Advocates of both the sides. 29. On appraisal of the evidence on record and careful scrutiny of the case it is evident that slain Shoeb Ahmed Litu and slain Zulfiqur were recei..Category: Criminal Law | Date: | Hits: 78
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......of which in any language other than the technical language of charge is not possible without and amount of risk of miscommunication. Code of Criminal Procedure, in its Chapter XIX, has taken adequate care about the language of charge to make sure that the accused is not prejudiced in his defense on ..Category: Criminal Law | Date: | Hits: 84
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....portions of the land. She plunged into debt after performing funeral, shradhya ceremony and other rituals conduce to the bliss of her husband's soul. Moreover, for meeting the expenses of her family, medical treatment, payment of rent etc., she had to sell 0.34 acre land (no date mentioned) to one A......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..Category: Property Law | Date: | Hits: 107
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....n-opposition, admitted that the petitioner was one among several candidates who appeared in the 15th BCS examination and was selected provisionally for recruitment subject to successful check up by a medical board and verification of antecedent by the appropriate authority under Rule 4(3)(b) of the ...... 1982 BLD (AD) 109 it is held: “It is true that the Government is not bound by the opinion of the Public Service Commission, but certainly it being a constitutional authority, its opinion demands a careful consideration.” 24. The question is therefore, how the case was made out for not accept..Category: Employment/Service Law | Date: | Hits: 194
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......he State reported in 47 DLR (BCD) 542 but those decisions do not apply in the present case as the facts and circumstances of those cases are distinguishable from that of the present case. 33. On careful consideration of the evidence, attending circumstances and materials on record we are constr..Category: Criminal Law | Date: | Hits: 98
Category: Constitutional Law | Date: | Hits: 237
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......nd, as such, he is entitled to get the benefit of doubt and accordingly, the impugned order of conviction and sentence so far as it relates to him (condemned prisoner Kamal) is set aside. 65. On careful consideration of the evidence and materials on record we hold that the prosecution has sat..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
.... Such contradictory statement about place of occurrence does not prove the case as alleged in the FIR. 2. According to the witnesses victim was assaulted in the lower abdomen, but according to the medical evidence injury was in the thigh and there is no injury in the lower abdomen. As such eviden......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..Category: Criminal Law | Date: | Hits: 76
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......wever, the father of Nadira Rahman resigned on 23.9.64 on health grounds with a new proposal for Nadira Rahman as the next Mutwalli. It was found by the Court that during his illness he lived under care of his daughter Mrs. Nadira Rahman and his son-in-law Fazlur Rahman at Karachi and that he was ..Category: Trust/Waqf Law | Date: | Hits: 134
Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)
....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ...... class VIII and his younger brother was a student of class IV. His mother came to the house of her father in 1994 where she has been living for four years and during this period his father never took care of them, nor provided any maintenance to them. The witness expressed his unwillingness to go to..Category: Family Law | Date: | Hits: 136
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....of the people from all forms of exploitation. Article 15 also imposes fundamental responsibilities on the State to secure basic necessities of life, including food, clothing, shelter, education and medical care; the right to work, that is the right to guaranteed employment at a reasonable wage h......eople from all forms of exploitation. Article 15 also imposes fundamental responsibilities on the State to secure basic necessities of life, including food, clothing, shelter, education and medical care; the right to work, that is the right to guaranteed employment at a reasonable wage having re..Category: Labour and Industrial Law | Date: | Hits: 163
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
.... Mostafa brought some bones of human body of a skeleton and they examined those and found that Bones bear the characteristics of male human being. Ribs are less curved and clavicles less bending on medical side. Maxillr and supercillarm arch are more prominent of the pelvis less wide. 33. They ......ence and that the learned Judge convicted the persons only on the basis of confessional statement made by the accused Arman. It is further submitted that the learned trial court failed to take proper care and caution in assessing the evidence of partisan and interested witnesses and that the learn..Category: Criminal Law | Date: | Hits: 106
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......ern the field and not the Limitation Act 1908. Section 3 does not debar the application of Limitation Act to suits filed under the ordinance. 16. It may be noticed that the legislature has taken care to mention certain specific laws which shall not apply to proceeding before the Family Cour..Category: Limitation Law | Date: | Hits: 147
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......rnment had allowed limited immigration into the CHT in order to facilitate trade and irrigation-oriented intensive agriculture, both of which were relatively new to the indigenous peoples. It was careful not to allow large scale immigration, fearing the growth of anti-British sentiments, which w..Category: Constitutional Law | Date: | Hits: 314
Md. Rajib alias Azad Khan Rajib Vs. State, 2011, 40 CLC (HCD)
....r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ......r if he misuses the privilege of bail in any manner whatsoever. Office is directed to communicate the judgment and order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 230. ..Category: Criminal Law | Date: | Hits: 98
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ...... before recording confession whether he knows Bengali or not and all the answers in the column of the confessional statement are in Bengali. Thus it appears that the Magistrate concerned did not even care to record the confessional statement properly in accordance with law as enunciated in section 1..Category: Criminal Law | Date: | Hits: 100