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State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)

....rm the basis of conviction under given circumstances. To find out the truth or falsity of a dying declaration, the Court is, of course, called upon to consider it in all its physical environments and attending circumstances to find out how far it fits in with the expected realities that can safely b......-witnesses. In the facts of the case, the dying declaration by the victim can unhesitatingly be accepted by the Court as it rings intrinsically true and unblemished. Moreover, the evidence of the two doctors—PWs 3 and 4—fully corroborate the prosecution case. We, therefore, find that the prosecu..

Category: Criminal Law | Date: | Hits: 76

Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)

....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......r house and left keeping Sanwara Begum in the house. P.W.1 further stated that Sanwara had blood-stain in her pant and she narrated the occurrence to them and other witnesses. She was examined by the doctor and received medical treatment. P.W.1 further stated that local people and Chairman wanted to..

Category: Criminal Law | Date: | Hits: 32

Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)

....Talukder, petitioner No. 4, Nargis Mannan and Abul Bashar Bhuiyan to represent the original Directors (Annexure C). Since then the petitioners, as alternative directors, had been receiving notice for attending meetings of Board of Directors. But by four separate letters dated 8-5-2001 the Bangladesh......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306...

Category: Company Law | Date: | Hits: 208

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ......cused persons named Nur, cited in the FIR, approached Kala at the latter’s shop and intimated that he saw his son in an alarming state of health. Kala rushed to his residence while Nur left for a doctor. On arrival Kala found his son, Abu Taher, not alive, in a sitting posture with his lungi aro..

Category: Constitutional Law | Date: | Hits: 482

Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)

....Election Commission as Member of Parliament from constituency No.260, Chandpur 1 of District-Chandpur by gazette notification. The petitioner has since taken oath as a Member of Parliament and is now attending Parliamentary sessions regularly. 10. The petitioner moved an application under Section...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425...

Category: Election Law | Date: | Hits: 127

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ...... who took part in commission of murder. PWs 11, 13, 14 are the official witnesses. Among them PWs 14 and 15 are the Investigating Officers who conducted the investigation of the case and PW 12 is the doctor who held autopsy of the dead body and found as many as 7 injuries on the body of the deceased..

Category: Criminal Law | Date: | Hits: 42

Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)

....t which in the previous years fishery was leased out was not offered by the participants in the auction of the fishery then upon consideration of the area and location of the fishery as well as other attending circumstances to accept the offer at the subsequent schedule i.e. offer made at the 4th sc......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...

Category: Property Law | Date: | Hits: 33

Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)

....ppellants, finds himself in a difficult position to assail the judgment and order of conviction and sentence passed against appellant No. 1 Joynal Bhuiyan by the learned Sessions Judge in the face of attending facts, circumstance and evidence of the case. But he submits that, the appellant No.2 Sult......de by taking poison and that he found some black and blue spots on the dead body. 13. P.W.4 is the constable Md. Jalal Uddin who escorted the dead body to the morgue and identified the same to the doctor P.W.2 who held post mortem examination. In cross-examination this P.W. stated that the dead b..

Category: Criminal Law | Date: | Hits: 28

State Vs. Moslem, 2002, 31 CLC (HCD)

....brother of her husband, PW 2 to watch VCP TV. While watching VCP/TV, Rafiqul, PW 3 fell asleep and after some time he woke up and found accused Moslem and Salma missing. On query he became aware from attending persons of the show place that Moslem took away Salma on his shoulder. Rafiqul Islam, PW 3......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..

Category: Criminal Law | Date: | Hits: 82

Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)

....r export) chargeable thereon, provided that such goods have remained and are exported under the custody of an officer of customs.” (1A) ……….. …………. ………… (2) All expenses attending to such custody shall be borne by the applicant.” 8. It would appear from sub-section......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..

Category: Fiscal/Taxation Law | Date: | Hits: 70

Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)

..... 2172 of 2004 or in C.A. No. 175 of 2007 in C.P. No.290 of 2007 is erroneous and liable to be reviewed for ends of justice. 15. It appears that while disposing of the appeal this Court considered attending circumstances concerning the auctions and in consideration of public interest and in order......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...

Category: Others | Date: | Hits: 81

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....t the original plaintiff was ill and in such circum­stances there is no ground to disbelieve the petitioner’s case. 19. Both the Courts below disbelieved the med­ical certificate issued by the attending physician of the original plaintiff and they held that the original plaintiff was not ill.......ndered in support of an application for the issue of a commis­sion for the examination of a witness on the ground of illness is inadmissible in evidence being the worst form of hearsay evidence. The doctor himself should be called in evidence." 15. Relaying on these decisions the learned Advocat..

Category: Procedural Law | Date: | Hits: 95

Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)

....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......hul Amin and Maifuddin jamadder and others nursed Shafizuddin jamadder and bandaged the injured persons; that later on the injured persons were taken to Bhandaria for treat­ment but as no Government doctor was available they were given treatment by Dr. Mofazzal Hossain. It was further stated that o..

Category: Criminal Law | Date: | Hits: 93

State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)

....n cross-examination he stated that Ward Master Abdul Khaleque of Sadar Hospital informed the police in the said GD that Shamsu Sikder was admitted into the hospital on 2­-6‑90 at 2‑45 PM and the attending doctor declared him as dead at 6‑30 PM. 19. Mr. TH Khan, the learned Advocate for the......ht forearm below the elbow joint and one abrasion on the same arm above the wrist joint, on the left leg, on the left knee joint, one on the right knee joint and on the upper arm respectively. The doctor also found RM absent, cyanasis present. On dissection fractures on the left front to parietal..

Category: Criminal Law | Date: | Hits: 36

Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)

....ar Siddique, the learned Advocate appearing for the opposite party, on the other hand, submits that in view of the fact the learned Family Court exercised his, judicial discretion in the light of the attending facts and circumstances of the case, the impugned order does not suffer from any illegalit......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..

Category: Family Law | Date: | Hits: 155

Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)

....sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......d and sentenced him as aforesaid. Being aggrieved, the accused filed the instant jail appeal. 3. At the trial, the prosecution examined 11 (eleven) witnesses including two police officials and the doctor who conducted the post-mortem, to prove the charge against the accused while 3 (three) witnes..

Category: Health Law | Date: | Hits: 266

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ...... in critical condition to Dhaka Medical College Hospital, wherein his surgical operation was done and then he was kept in the intensive care unit. She further stated that after surgical operation the doctor handed over to her the wearing apparels of her husband. At the time of occurrence she was in ..

Category: Criminal Law | Date: | Hits: 40

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549....... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...

Category: Criminal Law | Date: | Hits: 90

Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)

....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528....... a Kazi of Araihazar and he further stated that there was nothing found adverse with regard to the sexual intercourse nor there Was any mention of sexual intercourse in the certificate granted by the doctor. 19. PW 10 Rezaul Karim is the uncle of the victim. He stated that the marriage was s..

Category: Criminal Law | Date: | Hits: 44

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......rime alleged. In support of his contention he referred to Balaka Singh and others vs. State of Punjab, AIR 1975 (SC) 1962. 15. Finally, the learned Advocate submitted that the evidence of the doctors who conducted the post mortem examination can only be treated as corroborative evidence to c..

Category: Criminal Law | Date: | Hits: 35