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S. M. Zakir Hossain Vs. Bangladesh repre­sented by its Secretary, Ministry of Education and others, 2011, 40 CLC (AD)

....s Principal. After that, the Governing Body of the college appointed the petitioner as the Principal in charge. On 03.05.2006, Mr. Md. Asraf Ali submitted his resignation to the Governing Body with a medical certificate. Later, the Governing Body of the college had taken a decision on 21.03.2006 to ......d on proper appre­ciation of law and facts and as such call for no interference. The leave petition is thus dismissed summarily. Ed. This Case is also Reported in: VIII ADC (2011) 600. ..

Category: Employment/Service Law | Date: | Hits: 108

Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)

....ld not be taken against him and he was asked to make reply thereof within 3 (three)) days from date. 6. Mr. Waliul Islam, argues that although the petitioner has been charged with furnishing false medical certificate but he was found guilty on some other account. In the impugned order of discharg......legal effect and the petitioner be re‑instated at once. In the result, the rule is made absolute, without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 165. ..

Category: Labour and Industrial Law | Date: | Hits: 148

Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)

....der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ....... The contesting defendant-respondent No.5 in his written statement contended, in short, that the goods and stock-in-trade hypothecated and pledged to the plaintiff-bank were in custody and under the care, control, possession and supervision of the plaintiff who was the absolute custodian of the goo..

Category: Business or Commercial Law | Date: | Hits: 196

Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)

....ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317.......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...

Category: Criminal Law | Date: | Hits: 54

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......to reason, justice and good conscience. 12. It is well-settled that no party to a proceeding should suffer due to the act of the Court. One of the first and highest duties of all Courts is to take care that the act of the Court does not cause any injury to any of the suitors. It will be quite equ..

Category: Civil Law | Date: | Hits: 66

Almas Miah Vs. State, 2002, 31 CLC (HCD)

....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......t or forged notes. The offence as made under the section is no doubt of very serious nature and may entail life imprisonment depending on the gravity of the offence. As the offence is grave so is the care to be taken in dealing with such offence lest an innocent citizen is punished. 9. In the cas..

Category: Criminal Law | Date: | Hits: 87

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

....anu and P.W.4 Asad. 9. Court below did not find any discrepancy or inherent infirmity in the evidence of the eye witnesses of the occurrence. The death of the victim Tomizuddin is supported by the medical evidence of P.W.12 Dr Rajib Au and injuries to the P.Ws.2 and 4 are also supported by medica......edural law should be amended in such a manner that an offender cannot escape punishment due to technical flaws some of which we have mentioned in the foregoing paragraphs and at the same time to take care that an innocent person is not punished. It is also high time to consider whether our procedura..

Category: Criminal Law | Date: | Hits: 64

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

....the force of law after the liberation of the country and therefore the argument of the Company that it would not restore the reduced pay and the withdrawn facilities with regard to the house rent and medical benefit to which the employees voluntarily agreed would not hold good. This said view of the......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...

Category: Civil Law | Date: | Hits: 99

Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..

Category: Criminal Law | Date: | Hits: 71

Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)

....n a complaint case, he should consider the petition of complaint, the documents submitted, statements of the witnesses recorded during judicial enquiry if any, report of the inquiring officer if any, medical certificate if produced, make such examination, if any of the accused, as the Magistrate thi......he accused has committed an offence, then he shall frame a formal charge against the accused and if he considers the charge to be grounds, then he shall discharge him. 7. In the instant case if we carefully read the impugned order of the learned Magistrate, we find that he, save and except hearin..

Category: Criminal Law | Date: | Hits: 98

Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)

....se the accused has by his application, complained about the torture on him while in previous remand in connection with Kotwali PS Case No.31(7)91 and that he has been presently suffering, for which a medical report has already been called for and the allegation of torture has yet remained uncontrove......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...

Category: Criminal Law | Date: | Hits: 87

Gias Uddin Vs. State, 2002, 31 CLC (HCD)

....who actually witnessed the act of killing. In such situations generally even the neighbours do not come forward to give evidence and the prosecution has to rely on circumstantial evidence. 21. The medical examination report in this case is of primary importance. It has been clearly stated in the ...... 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: 55 DLR (2003) 328...

Category: Criminal Law | Date: | Hits: 51

Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)

....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......akir, Ganda Fakir alias Megu Fakir, Fazal and Mannan Fakir were standing there. She heard Salim Fakir telling the accused that 'he sowed 'Mashkali' why they were destroying them'. The accused did not care to that. They were ploughing. When Razzak Fakir and Pannu Fakir stood before the plough Mansur ..

Category: Criminal Law | Date: | Hits: 60

KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)

.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......earned Advocate for the defendants, that defendant Nos. 12 to 17, who are ordinary residents of different places outside Dhaka District, have been falsely shown in the plaint to be residing under the care of defendant No.9 and no leave of' the Court having been obtained before institution of the sui..

Category: Civil Law | Date: | Hits: 104

Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

....t the expression 'any matter' used in section 11 of the Code of Civil Procedure means matter arising out of the same cause of action. 29. In that case the writ petition was filed by a student of a medical college against order of principal striking off his name from college roll because he had no.......A. Case No.01/89-90. The case of Rabitat, in short, is that it is a Non-Government International Islamic Organization providing assistance in the fields of education, culture, social welfare, health care etc. In 1989 it applied to the Government to arrange them 1 (one) acre of land in exchange of m..

Category: Property Law | Date: | Hits: 93

Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)

....above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ...... before, or at the time of marriage but also money etc. demanded afresh after marriage for continuing the marriage already solemnized. It also appears from the record that the legis­lature has taken care of to see that not only the taking or giving of dowry or abetment thereof before or at the time..

Category: Criminal Law | Date: | Hits: 165

State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)

.... in his statement given to the Magistrate and also to the investigating officer as to the material particulars and regarding the nature of injuries as inflicted upon the victim is consistent with the medical report, the High Court Division fell in error in acquitting the respondent No.1 and commutin......and order and there 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: 19 BLT (AD) (2011)166...

Category: Criminal Law | Date: | Hits: 56

Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)

....scharging the Rule. 2. The facts for the case, in short, are that on 12.08.1998 the respondent No.1, Akbar Hossain Pathan took the victim Rafiqul Islam from his house for performing formalities of medical test at Dhaka for sending him to Singapore. Omar, Jalaluddin, Sohel accompanied Rafiqul Isla......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135...

Category: Criminal Law | Date: | Hits: 75

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......ipts. DIT delivered possession of the suit plot to the father of the plaintiffs on 1-8-1962 and after getting plot, he constructed a pucca boundary wall and erected a katcha construction and posted a care taker to main­tain his possession. D1T as lessor gave registered lease deed after filling up t..

Category: Property Law | Date: | Hits: 100

State Vs. Shahin and others, 2010, 39 CLC (HCD)

....m report, it appears to us that victim Biplob sustained as many as 11 injuries on his person. The doctor himself opined that receiving such injuries the victim might have become unconscious. With the medical evi­dence if we consider the evidence of P.W.s 6, 7, 11, 12 who deposed that they saw victi......s and he arrested Swapan on 5-6-2003 from his house when he was sleeping and he failed to remember whether local people brought pro­cession against Biplob because his terrorist activities. 61. On careful examination and scrutiny of the above evidence we find three features regarding the dying de..

Category: Criminal Law | Date: | Hits: 76