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Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..

Category: Election Law | Date: | Hits: 188

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

....tion‑Officer she was sent to a Medical Board by the local Upazila Magistrate for determination of her age. The Medical Board consisting of three doctors, one of whom was the Civil Surgeon, Chandpur medically examined her on 3.3.87 and gave their report on 4.3.87 which has been marked as Ext. Ka sh...... relied on the evidence of the witnesses including the eye‑witnesses in this case who did not appear to be biased or resorting to any falsehood, though they were all relations except P.W.6. We have carefully scrutinised the evidence of these witnesses and we find no reason to disbelieve them. It a..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

.... and B6. Because of his illness he could not draw his salary for the months of November and December, 1999 and he had to rush to Barisal without 2 (two) months arrear salary. With no money to pay his medical expenses, he filed an application at the directive of Authority's doctor, seeking medical le......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..

Category: Employment/Service Law | Date: | Hits: 116

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..

Category: Criminal Law | Date: | Hits: 74

State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)

....12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 92

Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)

.... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ......that the plaintiff has got no cause of action to file the suit; the suit was not maintainable in its present form. Defendant Nos.1-3 are the nephews of the Narayan Chandra Das who always used to take care of him and being impressed by their love and affection in his old age Narayan Chandra Das trans..

Category: Property Law | Date: | Hits: 62

Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)

.... the expert's opinion the doctor who opined that the cause of death of the deceased was suicidal in nature and not homicidal inasmuch as the learned trial Court imported some personal views having no medical basis at all. He then submits that the teamed trial Court failed to consider the defence cas......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ..

Category: Criminal Law | Date: | Hits: 76

Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......n of the offence. 12. We are fully aware that this court has limited scope to scan or assess the evidence in this forum, created under section 561A of the Code of Criminal Procedure and also great care should be taken before embarking to scrutinise the first information report, charge-sheet and c..

Category: Criminal Law | Date: | Hits: 85

Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)

....ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......petitioner. But we failed to understand as to why the authorities of the University became so lax in this matter. 10. The petitioner is obviously a good student. Out of his genuine anxiety for his career he prayed for re‑examination of one of the papers. His such prayer was also Chairman of the..

Category: Others | Date: | Hits: 157

Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)

....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......ischarge his responsibility in utilising the alleged fund for the school in due course who did not even return the said money to the proper authority, rather in spite of repeated reminders he did not care to comply with the instructions of the concerned authority and purposely defaulted in paying th..

Category: Criminal Law | Date: | Hits: 92

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....r in spite of his repeated letters although with the expiry of each year the communication value of his pension is being reduced. Besides, the petitioner and his family members were deprived of their medical facilities, ration and other facilities. As such, the petitioner wrote a number of letters t......oner joined the Air Force of former Pakistan as a GD Pilot in 1966 and had a brilliant record as an Officer both in Pakistan Air Force as well as in Bangladesh Air Force. He maintained an unblemished career with no stigma throughout his long career and he maintained the highest degree of professiona..

Category: Employment/Service Law | Date: | Hits: 148

State Vs. Abdul Hatem, 2003, 32 CLC (HCD)

....Evidence: In support of Post Mortem Report PW 7 Dr Md Mahmudul Hassan gave evidence and found one injury in the left Paraumbilical region, four cm wide x 2 cm x continuous with abdominal cavity. This medical evidence lent support to ocular evidence of PWs 1, 2, 3, 4, 5, 6 and 8 as to laying dagger b......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..

Category: Criminal Law | Date: | Hits: 75

Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)

....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427....... considered. This is of vital importance inasmuch as the whole edifice of confidence of the litigants in Courts is built upon the quality of judgments. The Courts, therefore, have to necessarily take care that their judgment conforms to the provisions of law and are products of sound resonings." ..

Category: Property Law | Date: | Hits: 98

Ripon Howlader Vs. State, 2009, 38 CLC (AD)

....ed to consider that there are inconsistencies and contradictions in the evidence of P.W.'s 2, 3 and 4 as to the manner of stab­bing the victim inasmuch as their evi­dence is not consistent with the medical report, thus there is serious doubt as to their witnessing the occurrence and that Hiran, in......e committed was established by the evidence of eye witness namely P.W.'s 2-4. The High Court Division, however, considered the ten­der age of accused and nature of offence they have committed and on careful analysis came to a finding that considering all the aspects, ends of justice would be met if..

Category: Criminal Law | Date: | Hits: 81

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......tarted construction of multi storied shopping complex thereon without amendment of the master plan from the respondent no.2 and further the respondent no. 1, before starting construction did not even care to get the building plan approved.” 13. In the present case, the factual position is that ..

Category: Property Law | Date: | Hits: 135

Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)

....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......en defined both in the General Clauses Act and in the Penal Code. Section 52 of the Penal Code provides that nothing is said to be done or believed in good faith which is done or believed without due care and attention. Sub‑section (20) of section 3 of the General Clauses Act defines that a thing ..

Category: Procedural Law | Date: | Hits: 111

Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)

.... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......nt of monthly charter fu for the first 7 months of the charter year commencing from the date of delivery of the vessel which was to be used for business purpose and shall remain under the control and care of the petitioner company and the advance charter fee will be adjusted against the monthly char..

Category: Civil Law | Date: | Hits: 97

Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)

.... course, stated that one injured Amena was also examined by him on the same day at 8‑30 PM and he issued an injury certificate marked as exhibit 'A' for the defence. So, from the deposition and the medical report of this doctor P.W.10, it is clear that the victim Abdur Rahman sustained injury on t......facts and circumstances of the case and their evidence cannot be outright thrown away or discarded only because they are relations. We think this contention has substance but in such cases we have to carefully consider the intrinsic worth and quality of the evidence of those witnesses in order to si..

Category: Criminal Law | Date: | Hits: 73

Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)

.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......uted to the vendors. 5. By referring to the case of Dalsukharam Saheba Vs. Mulchand Ashram reported in AIR 1928 (Bom) 427 (Rele. page 429). Mr. Karmaker submits that if the plaintiff with ordinary care could have discovered that there was defect of title, then he cannot plead that there was failu..

Category: Civil Law | Date: | Hits: 76

Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)

....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......his part are intended for the general guidance of the appropriate legislatures and Government in India…………The application of these principles in legislation and administration shall be the care of the State and shall not be cognizable by any Court………… It is obvious that none of t..

Category: Constitutional Law | Date: | Hits: 461