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Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....e accused on her way to school at about 9-45 am on the following day of occurrence and subsequently the petitioner lodged an FIR with the local police station narrating the said facts. The victim was medically examined on 9 April, 2012 and the medical team found her age to be 15 years and found mark......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Maku Rabi Das Vs. State, 2013, 42 CLC (AD)

.... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..

Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......ase). On 19-10-1997, writ-petitioner Nos. 1-10 were absorbed in the said second project i.e. UBSDP and writ-petitioner No.11 to 76-80, 86-88 were directly appointed through competitive examination as caretakers in the said UBSDP on 11-6-2000 and 30-12-1998 respectively. Writ-respondent No.8, the Pro..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......scussed. 24. We have perused the report of the 4 (four) Evaluation Sub-Committees, where from it was transpired that the committee recommended to buy this frigate, which is the 4th lowest, after careful consideration of general and technical specifications of all the offers and scrutinizing all..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)

....warranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 50.   ......ct of 2004Vis-a-vis the Criminal Law Amendment Act of 1958; ii) whether the Ordinance No. VII of 2007 and Ordinance No. VIII of 2007 made by the President during the period of the then Non-party care-taker Government in 2007 having not been approved by the parliament according to the relevant p..

Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11

Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)

....ad entered into an unholy alliance with the informant in order to be relieved from the criminal case. 3. There is no dispute that Sukkur Ali was done to death on the day of occurrence and the medical evidence supported the cause of death which was due to shock and hemorrhage as a result of ...... proper defence. Unless he has this knowledge, he will be prejudiced in his defence. So, framing of a proper charge is vital to a criminal trial and this is a matter on which the court should give careful attention. Therefore, if the charge remains vague, the necessary ingredients of the offence..

Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10

Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)

....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......acre of land and installed iron gate. He further constructed boundary wall surrounding 12 plots and erected shed made of corrugated iron and sank tube well and constructed dinning room, bath room and care-taker room. Md. Siddique Miah has been living there with his family members. So, the suit is li..

Category: Property Law | Date: 2 Dec, 2012 | Hits: 35

Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)

....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255.     ......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255.     ..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4

Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......e thought that this is a tailor made FIR which may have been complied to suit the purpose of certain interested quarter as Mr. Islam submitted, at a time when the country was ruled by a controversial care-taker regime. 53. To sum up, in view of what have been figured above, we are bound t..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......eding would be invalid. The word 'shall, though prima facie gives impression of being of mandatory character, it requires to be considered in the light of the intention of the legislature by carefully attending to the scope of the statute, its nature and design and the consequences that wou..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)

....ealth Manpower Development, Directorate General of Health Services) who were entrusted with the sacred responsibility of conducting the examination and make arrangements for the admission test of the medical students of the session 2011-2012 failed to perform their duties putting at stake the fate o...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..

Category: Others | Date: 22 Nov, 2012 | Hits: 20

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

....quo;s pregnant and the child was live in her uterus at that point of time. But the assailants did not feel even a twinge of conscience in finishing of Nasima and her seven-month-old unborn child. The medical evidence on record also points to the veracity of the confessional statements made by the ap......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)

....not tally with the injuries found on the person of the victim; that in his second confessional statement Belal imputed blame or killing the victim upon the respondent which statement supported the medical evidence; that this second statement suggested that respondent is responsible for killing h......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..

Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21

State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)

....not tally with the injuries found on the person of the victim; that in his second confessional statement Belal imputed blame or killing the victim upon the respondent which statement supported the medical evidence; that this second statement suggested that respondent is responsible for killing h...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...

Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ision should be made for exceptional cases where it is impos­sible for the witness to be before the Court, and it is only by a statutory provision that this can be achieved. But the Court must be care­ful to see that the conditions on which the statue permits previous evidence given by the w..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

....Sonali Bank (Employees) Service Regulations, 1981 runs as follows: - "The Bank shall have the right to remove, dismiss or retire from service any of its employees as a disciplinary measure or on medical ground and in such case the provision of sub-regulations (1) and (2) shall not apply." ......to the grade of Junior Clerk. The plaintiff No.4 was appointed as a messenger of National Bank which after liberation war was re­named as Sonali Bank of Bangladesh. He was promoted to the post of caretaker and was serving at Sonali Bank, Bagura Road Branch, Barisal till termination of his servic..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)

....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......me of the deceased. Therefore it can be legitimately be presumed that this witness had no knowledge about the identity of the victim as well as the complicity of the accused Moru Bhuiyan. 21. On careful scrutiny of the other witnesses particularly, P.Ws.2, 3 and 4, we find that they heard the o..

Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......ing Deputy Prime Ministry, Prime Minister and Vice-President. He is an elected member of the Parliament and member of the Standing Committee of the Bangladesh Nationalist Party (BNP). During the last care­taker Government, he was arrested on 13-4-2007 and a case was started against him under sec..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)

.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20   ......e is given a chance to offer his explanation as to those. But in this case the learned Judge of the Tribunal has not given any chance to the convict appellants in accordance with law. 24. I have carefully scrutinized of the evidence of the prosecution witnesses and section 342 of the Code of Cr..

Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3