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Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......rovides that injunction cannot be granted to prevent beach of contract the performance of which could not be specifically enforced. 23. In commercial transaction where profit is the only motive an injury, say loss due to breach of any contract, can adequately be compensated with money the court w..

Category: Civil Law | Date: | Hits: 148

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... returned to his house from his work and hearing some noise he went out of his house and then he saw his son, Ariful Haque alias Repon, lying on the road near the house of accused Kadir with bleeding injury. He then took his son to the Medical College Hospital but he succumbed to his injury on the w..

Category: Criminal Law | Date: | Hits: 52

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ...... proceeded towards the place of occurrence with lathi, etc and tried to snatch him away from deceased Amzad when Mukul dealt sword blows on the right side of the chest of deceased Amzad causing fatal injury. The deceased fell do.wn on the ground when the assailant started fleeing towards the east fr..

Category: Criminal Law | Date: | Hits: 49

Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)

....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......rocedure the Court has jurisdiction to grant an order of temporary injunction but only in a suit for perpetual injunction for restraining the defendant from committing any breach of contract or other injury of a like kind arising out of the contract. The right to get supply of the gas in protection ..

Category: Civil Law | Date: | Hits: 151

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......case that on 1-7-1979 at about 7-30 PM he was in his photo studio. At that time he heard sound of murmur and as he came downstairs he heard from the people that his son and another boy sustained stab injury in front of ‘Shital Bhandar’ sweetmeat shop which is situated about 200 yards from the st..

Category: Criminal Law | Date: | Hits: 35

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......o kill the deceased. Accused Shamim, Nahid, Yousuf, Ratan, Bipul, Royel and Lamu attacked the deceased with their dagger. Accused Shamim gave dagger blow at the back of the deceased and others caused injury in different parts of the body of the deceased. The above named Kazi Jasim and another Jasim ..

Category: Criminal Law | Date: | Hits: 50

Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)

....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ...... burned by fire. He also stated that he had no knowledge as to whether on 17‑2‑1998 the parents and sister of victim made any affidavit before the Court of Magistrate that the victim dead of burn injury and nobody was responsible for that. He further denied that without knowing the incident, he ..

Category: Criminal Law | Date: | Hits: 49

Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)

....34 Penal Code vide same judgment dated 27‑3­-95. 46. Record shows further that charge under sections 307/34 Penal Code was framed against all accused facing trial before court below for causing grievous injuries to injured Jahirul Haque (PW 14) during occurrence. On scrutiny of the record it t......ated 13‑12‑92, X‑ray report of Jahirul Hoque, seizure list dated 10‑1‑93, post­-mortem report, statements under section 164 Cr.P.C. of Shahabuddin, Alam Kabiraj, Sharifuddin, Majid Sarder, injury certificate, inquest report, chalan, map, index were marked Exhibit 1‑16, alamats were mark..

Category: Criminal Law | Date: | Hits: 42

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......f compensation and that of payment and in the present case the respondent Nos. 1 and 2 are paying the compensation to the owner of the property at such a rate which would definitely cause substantial injury to the land owner. The suit property was acquired on 26‑10‑1978 and the notice of compens..

Category: Property Law | Date: | Hits: 95

Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)

....ks is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ......towards the East and he received the sound of crying of his cousin sister; that then he could identify the accused and found his uncle Abdul Gafur is lying in the floor by the 'Palank' having gunshot injury in his chest; that the cousin Minara Begum told him that she saw accused Talebuddin, Abdul Ah..

Category: Criminal Law | Date: | Hits: 43

State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)

....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......ith his employee Nuru Mia riding on a Motorbike was going towards Tangail from Nagorpur. The accused per­sons obstructed his brother and at one stage the respondent Prince shot at him causing severe injury which caused his death. Prosecution has examined 24 wit­nesses to prove the charge against t..

Category: Criminal Law | Date: | Hits: 47

Rakib and others Vs. State, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......s in their hands which hit the neck and chest of Shahabuddin. Shahabuddin fell down on the ground; Mostafa who was sitting beside Shahabuddin, was also hit by a gun shot who also having sustained the injury fell down on the ground; at that stage hearing the outcry and the sound of gun shot in front ..

Category: Criminal Law | Date: | Hits: 38

Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)

....ther and took him in the house of the con­demned prisoner and the condemned pris­oner brought an iron 'shabol' from his house inflicted 'shabol' blow on the belly with intention to kill him causing grievous injury and the accused Zayeda inflicted chapati blow on throat causing serious injury and o......took him in the house of the con­demned prisoner and the condemned pris­oner brought an iron 'shabol' from his house inflicted 'shabol' blow on the belly with intention to kill him causing grievous injury and the accused Zayeda inflicted chapati blow on throat causing serious injury and other accu..

Category: Criminal Law | Date: | Hits: 49

State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)

.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......Mizanur Rahman was the Medical Officer in Bhola at the time of occurrence. He held the postmortem on the dead body of deceased Shefali and found the following injuries: 1. One incised (cut throat) injury over the left side of neck, throat, half of right side of neck with cutting masel. 2. One ..

Category: Criminal Law | Date: | Hits: 84

Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)

.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......t there was a Salish over the occurrence but it failed. Thereafter he lodged the first information report at the local police station. In cross-examination, he stated that he did not find any mark of injury on the person of victim Arzina Khatun. He stated that the shallow machine stands at a distanc..

Category: Criminal Law | Date: | Hits: 45

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......nerally said that when the crime goes unpunished, the criminals are encouraged and the society suffers. Whenever a criminal offence is committed then, irrespective of whether it also involves a civil injury, the offender becomes liable to punishment by the State, not for the purpose of affording com..

Category: Criminal Law | Date: | Hits: 70

Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)

....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......rdly, the possession of persons bona fide in occupation of the property should not be disturbed unless there is clear case of wastage or dissipation of property or apprehension of irreparable loss or injury. 12. In a suit for partition, of course there is no bar for appointment of a receiver. But..

Category: Property Law | Date: | Hits: 69

Abu Talukder Vs. State, 1999, 28 CLC (HCD)

....r of Bhandaria Hospital at the relevant time. On 13-7-87 he examined injured Surat Ali Master and Minara Begum and found injuries on their persons. He described the injury on the chest of Swat Alias grievous in nature. 8. PW 2 is the constable who escorted the dead body of Mobfer Talukder to the......f informant’s husband Mobfer asked the accused persons not to abuse them in filthy language whereon accused Alamgir Hossain gave a dagger blow on the abdomen of Surat Ali Master and causing a fatal injury. As Mobfer Talukder came Out of his hut and tried to rescue Surat Ali Master accused Aziz Tal..

Category: Criminal Law | Date: | Hits: 52

Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)

....he place of occurrence for their rescue but to no effect. Accused‑opposite party No. 2 Shahjahan Kha dealt a kope blow aiming at his head but it was misplaced and it hit his mandible region causing grievous injury. Accused‑opposite party No. 3 Abdul Khaleque dealt ram dao blows on his neck in or......of occurrence for their rescue but to no effect. Accused‑opposite party No. 2 Shahjahan Kha dealt a kope blow aiming at his head but it was misplaced and it hit his mandible region causing grievous injury. Accused‑opposite party No. 3 Abdul Khaleque dealt ram dao blows on his neck in order to mu..

Category: Administrative Law | Date: | Hits: 223

Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)

....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......1,000,000 equivalent to Taka 55,000,000 against trading loss, US $ 2,000,000 equivalent to Taka 110,000,000 against international market loss and US $ 5,000,000 equivalent to Taka 275,000,000 against injury to health, causing mental agony and shortening of life expectancy, in total Taka 440,000,000...

Category: Alternative Dispute Resolution | Date: | Hits: 245