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State Vs. Shahin and others, 2009, 38 CLC (AD)

.... Court to see whether the victim had the physical capability of making such a dying dec­laration and further the victim was in the hos­pital for seven days but he did not disclose any­thing to the attending doctor, nurse or ward boy and in the case reported in 42 DLR (AD) 200 it has been held tha......woman took the victim to the near­by National Hospital and then as the physical condition of the victim deteriorated, took the victim to Dhaka Medical College Hospital at about 12.45 hours where the doctors operated on the body of the victim. The police, after investigation, submitted charge-sheet ..

Category: Others | Date: | Hits: 93

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

....pears that the order of termination is not a termination simpliciter but is with stigma. From the argument of the learned Counsel it appears that the order of ter­mination is malafide in view of the attending facts and circumstances of the case. It appears that once a person is appointed as Lecture...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...

Category: Employment/Service Law | Date: | Hits: 68

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....ndent as Deputy Registrar of the National University, Gazipur to be illegal and of no legal authority and further directing the National University to reinstate the respondent in her service will all attending benefits admissible to her. 2. The facts involved in the case, in short, are that the r......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...

Category: Employment/Service Law | Date: | Hits: 118

State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

....sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ...... her husband reported the occurrence to the witnesses. Her husband (deceased) further stated the names of the accused. The condition of her husband was not good and her brother called on a village doctor named Samorendra Nath Bairagi. The doctor gave 1st aid of treatment. There were 3 Injuries o..

Category: Criminal Law | Date: | Hits: 68

Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)

....the alleged date of knowledge of the impugned sale and thus the case ought to have been held to be barred by law of limitation. He lastly submits that in any view of the matter considering the facts, attending circumstances, materials on record and the provisions of law the pre­emption case is liab......ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981...

Category: Property Law | Date: | Hits: 61

State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)

....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......ahangir, Malek, Rahman, Sentu, Chakma Opu, Pichchi Hannan, Akter Alamgir, Kachi, Biplab, Mali Mohammad, Dakat Shahid and Kala Sharif. The deceased was shifted to Dhaka Medical College Hospital. The doctor declared him dead. Accused Shahidur Rahman @ Shahid made conspiracy of killing the deceased ..

Category: Criminal Law | Date: | Hits: 63

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....mmendation of the Chief Justice. 129. Non-appointment of said petitioners was published in the daily Bangladesh Observer dated 24.10.2002. On 26.10.2002 a number of Senior Advocates abstained from attending the Court to register their protest and grievance at the fact that the President did not c......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..

Category: Constitutional Law | Date: | Hits: 251

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......riminal Procedure and was believed in maintaining conviction of Rameshwar Dayal and others. But in the present case the question is of existence of injures and nature thereof and in such a matter the doctor who held the post­mortem examination is the proper per­son to testify. The police officer w..

Category: Criminal Law | Date: | Hits: 60

State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)

....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......PWs 3 and 2 raised alarm and the neighbours came to the place of occurrence and heard narration of the occurrence. The deceased Chairman was then taken to the Buri­chang Hospital by rickshaw and the doctor on duty declared him dead. P.W. 1, Monowara Begum, wife of the deceased Chairman Abdul Halim,..

Category: Criminal Law | Date: | Hits: 53

Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)

....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ...... lathi. After hearing hue and cry, Jaynal Abedin, Muzammil Huq Chowkider, Abdul Matalib and others came and saw and heard about occurrence. Injured Fazle Karim was taken to Alekzandar Hospital but doctor found him dead. Other injured persons were given treatment. 3. Upon the aforesaid F...

Category: Criminal Law | Date: | Hits: 50

Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)

....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..

Category: Criminal Law | Date: | Hits: 50

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......993 to 20.5.1993 and 20.5.1993 to 30.5.1993 and thereafter he also prayed for earned leave from 6.6.1993 to 28.6.1993. While the respondent was enjoining his medical leave as per the advice of the doctor, the appellant No.2 by his letter dated 15.6.1993 informed the respondent that the leave as ..

Category: Administrative Law | Date: | Hits: 159

Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)

....this Division. This Division by a single judgment dated 04.12.2007 dismissed both the leave peti­tions holding that the court of appeal made out a case of waiver and acquiescence from so called attending circumstances without reference to any evidence that the pre-emptor participated in talk ...... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ..

Category: Property Law | Date: | Hits: 24

Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)

....iff was communicated any decision taken by the Managing Committee upon the said prayer and further the plaintiff, after obtaining provisional leave from the Headmaster, left the school and started attending her class and she was quite in darkness as to whether her prayer for leave was rejected o......ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Biman Corporation and oth­ers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)

....g his intention to resign from the service instantly and that in fact his resignation became effective from the very day of submission of the let­ter of resignation as because he refrained from attending office on and from 29th August 1998. As Respondent's resignation became effective from t...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..

Category: Employment/Service Law | Date: | Hits: 95

Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)

.... Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 427. ......Rule. 2. Short facts are that the plaintiff institut­ed Other Class Suit No.45 of 1986 in the Court of Assistant Judge, Gaibandha stat­ing, inter alia, that the plaintiff as M.B.B.S. doctor while was doing intern­ship in Rangpur Medical College Hospital, he went on a pleasure t..

Category: Family Law | Date: | Hits: 169

State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)

.... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ......treatment. Police went to Jamalpur Hospi­tal. Condition of the victim being precarious police gave petition to the Resident Medical Officer for recording her dying declaration. Accordingly, the doctor on duty recorded the dying declaration of the victim. In the mean­time arrangement was m..

Category: Criminal Law | Date: | Hits: 38

Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)

....inistrative Tribunal, Bogra by its judg­ment and order dated 18.2.1993 and the opposite parties were directed to reinstate the respondent (herein) in his former post with all back salaries and other attending benefit. This order was upheld in appeal by the impugned judgment and order. 6. The App......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...

Category: Administrative Law | Date: | Hits: 144

Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

....s never an out and our sale deed and that the suit was not main­tainable. In coming to the above conclusion the said court took into consideration, besides the oral evidence of the witnesses and the attending circumstances, the utterly low price shown in the kabala under pre­emption and the execut......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ..

Category: Property Law | Date: | Hits: 66

State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)

.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......agger and other blunt weapons. As a result deceased Mamun was critically injured and he died on his way to the Rajshahi Medical College Hospital and on his arrival there he was declared dead by the doctor on duty. This confessional statement itself does not disclose that the accused respondent i..

Category: Criminal Law | Date: | Hits: 58