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A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......as been next contended that no in jury has been actually caused to the customs revenue nor any pecuniary advantage has been obtained by the Customs Officers. It should be noted that causing of actual injury to the customs revenue and the obtaining of pecuniary advantage are not the necessary ingredi..

Category: Fiscal/Taxation Law | Date: | Hits: 129

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......e including physical torture. Though the allegations have been made against said Naser Rahman but he has not been made a party in the writ petitions. The respondents disputed the allegations of loss, injury and torture and asserted that the cancellation of the contracts have been made in accordance ..

Category: Civil Law | Date: | Hits: 212

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three

.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’  ......Code and sentenced each of them to suffer rigorous imprisonment for life. On appeal the Division Bench Judges differed on the nature of the offence that was committed by the accused in causing the injury. Madhava Reddy, J held punishable under Section 304 Part-1 of the Penal Code and Sriramula, ..

Category: Criminal Law | Date: | Hits: 229

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......ever- it should not be allowed to repeat again. I fully agree with the views of the learned counsel. 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 co..

Category: Criminal Law | Date: | Hits: 228

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six

.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ...... some jawans of artillery unit entered into Bangabandhu’s house. Soon thereafter Captain Huda and another shot at Sheikh Kamal who rolled down inside the reception room on sustaining gun shot injury. Captain Huda again shot at him. Thereafter Captain Huda and another officer proceeded towa..

Category: Criminal Law | Date: | Hits: 291

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. ......torcycle. The accused persons came forward to them. Accused Kachi trampled the chest of the deceased. Accused Kala Jahangir shot with pistol touching above his left ear causing a perforated bullet injury. Other accused persons making blank shots if departed of whom Arshad recognized Kala Jahangi..

Category: Criminal Law | Date: | Hits: 63

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

....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. ...... held that individual rights carry the only weight and the judiciary exists primarily to protect the capitalist rights of the individuals.........Thus, when a person has suffered a legal grievance or injury or adverse decision or wrongful deprivation or any action wrongful to his right, title to som..

Category: Constitutional Law | Date: | Hits: 251

Special Reference No.1 of 2009, 38 CLC (AD)

....the following offences along with some other civilian persons at Headquarters, Peelkhana, Dhaka and outside Dhaka: a. Mutiny; b. Murder and attempt to murder; c. Voluntarily causing hurt and grievous hurt by dangerous weapons or means; d. Using criminal force to deter public servant fro......two days above BDR mutineers in the Peelkhana killed in all 73 persons, of them 57 were very upright and promising Army officers including the then Director General of the BDR and 59 others sustained injury of different kind. Authority has started New Market P.S. Case No.9 dated 6.4.2009 in respect ..

Category: Constitutional Law | Date: | Hits: 289

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.......e impugned judgment and order of the High Court Division and other papers on record. 9. The learned Counsel submits, that the statements made in exhibit-8, the inquest report, did not disclose any injury on the armpit of deceased Mohsin and such statements being a primary evidence as recorded by ..

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. ......o do justice after reaching home and tried to proceed, the accused Kashem stabbed him on the right side of his chest and thereafter fled away with accused Pinto towards wheat field. By receiving that injury, the chairman cried and told that he was killed. 12. This positive evidence of P.W.s 2 and..

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. ......came forward to rescue the victim, the accused Gaznabi struck on his head with lathi and also the right arm. Accused Mozibul Haque and Ruhul Amin broke his right hand. Accused Azad and Masod caused injury on the finger of his left hand by lathi blow. Accused Azizul Haque caused bleeding injuries ..

Category: Criminal Law | Date: | Hits: 50

Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)

....elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......scriminately on the person of his father, as a result his father fell down on the ground when the accused-appellant Joynal inflicted dag­ger blow on the head of his father caus­ing serious injury. Having seen the inci­dent Meser Ali went to rescue the victim father of the informant b..

Category: Criminal Law | Date: | Hits: 47

Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)

....n record, we do not find any reason to interfere with the same. The leave peti­tion is thus dismissed having no sub­stance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......anspire from the trend of cross-examination and suggestion put to the P. Ws. is of innocence and that they have been falsely implicated in the out of enmity when the deceased succumbed to her burn injury which was accidental in nature. 4. After closing of the P. Ws., the peti­tioner a..

Category: Criminal Law | Date: | Hits: 96

Khalil Mia and others Vs. State, 2007, 36 CLC (AD)

....e away to the west side. Then accused Mostafa Sharif fired at the victim by his gun. Thereafter, at the order of accused Thanda Dana, accused Jakir and Shahid gave dao blow to the victim and caused grievous injury and some of the accused persons assaulted some of the witnesses indiscriminately an...... the west side. Then accused Mostafa Sharif fired at the victim by his gun. Thereafter, at the order of accused Thanda Dana, accused Jakir and Shahid gave dao blow to the victim and caused grievous injury and some of the accused persons assaulted some of the witnesses indiscriminately and caused ..

Category: Criminal Law | Date: | Hits: 40

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. ...... permission of the concerned authority rendering the respondent liable for compulsory retirement and the respondent having been proved guilty for such unauthorized absence on a proper departmental injury. 6. Mr. Enayutur Rahim, the learned Additional Attorney General for the appellants v..

Category: Administrative Law | Date: | Hits: 159

M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)

....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ...... entitled to get an order of stay of operation of the registered Trade Mark No. 50431 in class-16 of the opposite party No. 2 inasmuch as the opposite party No. 2 would suffer irreparable loss and injury. The opposite party No. 2 applied for regis­tration of its product namely "Banglade..

Category: Intellectual Property Law | Date: | Hits: 329

State Vs. Nuru Mira, 1993, 22 CLC (AD)

....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ......e plea that while deceased Amjad was crossing over the Shakoo bamboo bridge) across the khal, he slipped and fell down into the alder and accidentally hit a pointed bamboo under water sustaining an injury which resulted in his death. The learned Additional sessions Judge on consideration of the ..

Category: Criminal Law | Date: | Hits: 44

Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)

....wn on the ground and then accused Tofazzal dealt a khunti blow on the head of the Khairul; accused Lutfar Rahman inflicted a knife blow on the lower portion of the right eye of Ishaque which caused grievous injury and disfigurmerit of his face; on hearing their outcry witnesses Abdus Samad, Yasi......seds Shahjahan and Shahjalal dealt lathi blow on his chest and back; accused Zahurul dealt lathi blow on his head and accused Sahidul and Azahar also dealt lathi blow on his chest and back causing injury; when witness Khairul came for­wards accuseds Nurul Islam, Firoj, Fajilar, Saidul and Zu..

Category: Criminal Law | Date: | Hits: 97

Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)

....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......f the deceased and his father P.W.2 Nasim Sheikh, came to the place of occurrence, the house of the condemned prisoner after about 2 hours and found the dead body of deceased Shefali with some burn injury on her face and breast. 4. Thereafter on the following morning at about 10.20 A.M. P.W..

Category: Criminal Law | Date: | Hits: 86

M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)

....ifests the cor­rect exposition of law and fact on the subject. This appeal is, accordingly, dismissed with­out any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......red, if the trade mark is allowed to stand. 22. Similarly in the case Ellis & Co. T.M. reported in 21 RFC 617 it has been held that "every person also will in a rea­sonable probability suffer any injury or loss (using those words in a legal and not in a sentiment sense) from the other persons cl..

Category: Intellectual Property Law | Date: | Hits: 233