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Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....sonment for life as well as to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for two years more. 2. The prosecution case, in brief, is that the accused-a 'bhanda Peer' of the locality‑ used to persuade the victim to be his devotee, but the latter did not agree. The further......at the victim was placed for medical examination long after 30 days of the occurrence and, as such, it is reasonable that the medical officer who examined her could not notice any mark of rape on her body. He lastly submits that the prosecution is found to have proved its case by examining independe..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ......ellaneous Appeal No.8 of 1992 is hereby set aside and the case is sent back on remand to the said Court to dispose of the matter in accordance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....ly to the aforesaid letter of the Secretary the Police Commissioner in his letter dated 23.7.2001 stated that when the eviction was undertake in Block ‘J’ earlier there was clash with the local people and one person died and as such the process of eviction was stopped and those who were ......ion i.e. within jurisdiction and if the order is erroneous or irregular or illegal that can not be a ground for flouting the order though on merit it may not stand the scrutiny of law and if any body violates any such order would amount to contempt because such an order does not lack total juri..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
....terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......med with lethal weapons and fire arms as well as bombs surrounded the rickshaw and pulled him down from the rickshaw and inflicted indiscriminate blows by a Chinese axe in the different places of the body of victim Sabuj and while the victim raised alarm for help then the informant and his cousin ru..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......in 14 DLR 204 it has been held that from the scheme of section 96 of the Act it is patently clear that the intention of the legislature was that pre‑emption should be available to the entire body of the co‑sharer‑tenants and in certain cases also to the tenants holding lands co..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....der withdrawal of Juvenile accused from prosecution Under Section 494 of the Code of Criminal Procedure in appropriate cases Specially from the cases charged under ordinary penal laws. (4) The local legal Aid committees formed by the Government be instructed to move the Courts for bail of the......ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....ad Union Parishad and is a candidate for the post of Chairman of the ensuing Union Parishad election. The date of the election was fixed on 28‑1‑2003. Previously there were seven polling stations local inquiry was held. Considering the convenience and inconvenience and the communication ava......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ...... The learned Counsel by referring to the case of Bangladesh vs. Shafiuddin Ahmed reported in 50 DLR (AD) 27 relevant paras 36, 41 and 42, has argued that it is not unknown in our country for a public body to provide administrative instruction for the administration of the same and the said administr..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ...... also slept in the east verandha of her bedroom upon bolting the door from outside, that in the early hours (at about 1.30 hours) of the night of February 26, 1997 she sensed that someone touched her body and thereupon while woke up she was threatened to keep quiet and at one stage while she called ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....ed prisoner Moinul Haque. Thereafter, he added that the victim Yasmin was found on the road to the east of Sadhana Adibashi Government Primary School and that as a result of adverse reaction in the locality the dead body of Yasmin was disinterred and fresh inquest was made by Selina Shadat, Magi......and asked the girl to board on and though the girl was hesitant at first but later she boarded on the pick‑up and the pick‑up then left the place, but on the following morning' her dead body was found beside 'Dash Milk Maha Sarak' near BRAC office at North Gobindapur and the aforesaid..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ...... unfairly discriminatory manner or contrary to the interests of the members as a whole. The expression "affairs of the company" is widely defined in section 53 of the Act, In relation to body corporate "affairs of the company" means: The promotion, formation, mem..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......in respect of the said goods. The expression 'security' has been explained in subsection (2) of section 370 but the expression 'debt' has neither been explained nor defined. It was however, nobody's case that the ornaments in question fall within the category of security within the meaning ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....hould have been allowed to function as chairman of the Pourashava. It has also been contended that order of suspension has been passed at the instance of the petitioner’s political rival at the local level and that the order of suspension has been passed upon total non‑application of min......s been passed in the background of material available to the Authority for the purpose of making the said order. 7. As regards the other contention that in an elected body the elected representative should be allowed to discharge his duty or perform his duty and that..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....ment from service sequel to department inquiry held against him on the charge that during the year 1990‑91 and 1991‑92 stationery item, Lithu paper, was purchased illegally from the paper local market for an amount of Taka 24,75,748 without obtaining non‑availability certificate fr......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....ountry either as a foreign decree or by instituting a suit on the basis of said decree in any foreign country. In that view of the matter we disapprove such sweeping remarks in the matter denying the local jurisdiction of the Court in any suit. The petition is dismis...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
.... urged by the petitioners for review of the judgment. 3. In 1998, Ministry of Information invited tenders, by publishing a notice dated 6-5-1998, from local and foreign firms individually or under joint venture to install and operate a television chan......e has further contended that the Bangladesh Telecommunication Act 2002 will not apply in this case as the licence was given to ETV before this Act came into existence. Moreover, there is a regulatory body in the name and style of BOL, the highest body representing all the Ministries With the supervi..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....him that the accused has taken her to a hotel by the name Hotel Al Quddus at Rajbari and kept her at Room No. 110 and raped her there at night. He further deposed that he informed the incident to the local people and requested that a salish be held but the accused did not turn up at the salish. In c......l Court in this case. 10. PW 1 the RMO of Rajbari Sadar Hospital deposed that he examined the victim on 11-12-1996. In cross-examination he admitted that he did not find any external injury on the body of the victim. 11. PW 2 the informant and the husband of the victim deposed that the accused..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....ations under sections 87 and 88 of the Code were duly issued and the absconding accused persons went into hiding in order to avoid warrants of arrest and also directed to publish proclamations in a local daily newspaper by order dated 1‑9‑1997. He also submits that on perusal of the aforesai......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....o suffer simple imprisonment (SI) for 15 days more. 2. Prosecution case, in short, inter alia, is that on 23-1-86 Thursday, at 11-00 AM deceased Shaymol Kanti Saha drove out 3 buffaloes of their local Member Abu Bakar beating from his pulse field for damaging their Colay pulse. Accused Kalu Sk,......Shantoshi Rani Saha (P.W. 1) lodged ejahar at 10-30 PM on 25-1-86 to local police station as above. SI Md. Mosharaf Hossain (P.W. 7) came to the house of the informant, held inquest on the dead body, prepared inquest report and sent the dead body to morgue for postmortem examination. 3. P..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2