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Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ...... the laws are not silent. They may be changed but they speak the same language as- in war as in peace." It is, therefore, hoped that the learned Judges of the High Court Division will be cautions and careful in future in the administration of justice so that no such occasion may arise again. ..Category: Constitutional Law | Date: | Hits: 247
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
.... 4. At the trial the prosecution examined 14 P.Ws. and tendered three. The defence examined none. At the trial the confessional statement of Semona Khatun and Abdul Haque was exhibited, so also the medical report. The defence pleaded not guilty and their further case, as it appears from the trend ......onfessing accused Semona Khatun was compelled to make the statement before the Magistrate because of police fear and police assault but at the time of making the confessional statement the Magistrate carefully cautioned her that she is not bound to make any confessional statement and she would say n..Category: Criminal Law | Date: | Hits: 76
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....ies of Azimuddin, Chan Mia and Abdul Ahad might be due to dragging. This statement of the doctor set at rest the controversy over the question of dragging. Where ocular evidence is being supported by medical report and seizure list statement, it cannot but be accepted and we are satisfied that prose......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......ved together as husband and wife for about 3/4 months but then the accused-appellant sent the complainant-respondent No.1 to her mother's house and thereafter, did neither taken her back nor did take care of her but on 13.03.1988 married another lady without taking previous permission of the complai..Category: Family Law | Date: | Hits: 185
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....s of Azimuddin, Chand Mia and Abdul Ahad might be due to dragging. This statement of the doctor set at rest the controversy over the question of dragging. Where occular evidence is being supported by medical report and seizure‑list statement, it cannot but be accepted and we are satisfied that pro...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....ain, reported in 37 DLR 156, it has been observed as follows: "Under section 509A Cr.P.C. the report of post‑mortem examination may be used as evidence in the following conditions:‑ (1) if the medical officer who made the report is dead or (2) if he is incapable of giving evidence or (3) if h...... 38. Now, the instant case is no doubt, a case of gruesome murder and the real culprits should be visited with exemplary punishment but to do so we have to consider and scrutinise more closely and carefully the evidence on record so that an innocent person is not wrongly found guilty and punished..Category: Criminal Law | Date: | Hits: 82
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....ppropriated by the defendant opposite parties, Tk. 10,000.00 as expenses borne during delivery of the third child, Tk. 15,000.00 as expenses of clothings for her and her children and Tk. 10,000.00 as medical expenses for her and her children while residing at her father's residence. 4. The Family......e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ..Category: Family Law | Date: | Hits: 210
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......ssion of the learned Advocate for the opposite party. 13. Inherent power under section 561A of the Code of Criminal Procedure is an extraordinary one which should be exercised sparingly with great care and caution only for the purpose as defined in this section itself. 14. This power though un..Category: Criminal Law | Date: | Hits: 72
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
.... Dhaka it is stated therein that confession was extracted under threat, intimidation and torture. It is asserted in that application that he was so severely tortured by the police that he had to seek medical aid within the jail premises. Now a retracted confession needs corroboration in as much as i......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....h will be evident from the fact that in spite of clear regulation that a Government Servant under Suspension, leave including leave on L.P.R., extraordinary leave etc. is entitled to house rent and medical allowances. The appellant deprived the respondent of his due claim. 8. Admittedly, the re...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......were influenced by the respondents. 6. On the other hand, Mr. Md. Abdur Razzak, learned Advocate appearing for the respondents submits that the learned Divisional Special Judge sifted the evidence carefully and held that the allegation brought against them was not proved. The case was filed nearl..Category: Criminal Law | Date: | Hits: 101
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....cordingly a certificate issued by the Headmaster, Sonagazi Primary School and another certificate issued by the Chairman of the local Union Parishad were produced. Accused persons also challenged the medical certificate issued by the Board of Doctors wherein the age of the girl has been stated as be...... prayed for. We feel that it is necessary to set up neutral homes where the minor girls becoming victims of such circumstances could be kept temporarily away from the criminals and in the custody and care of responsible persons so as to exclude the possibility of any external influence. In the insta..Category: Criminal Law | Date: | Hits: 80
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... III. Whether the High Court Division by passing the impugned judgment and order of acquittal failed to consider that the victim died while she was living in the house of her husband and that the medical evidence proved marks of injury on her person and as such the impugned order of acquittal ca...... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....e victim died on 15th March, 1996, after about four months of the date of occurrence and during this intervening period various complication had developed which caused his death as evident from the medical evidence, and in this connection the learned counsel had drawn our attention to the evidence......eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264...Category: Criminal Law | Date: | Hits: 71
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....ays after the marriage. In such circumstances, it is not impossible that the baby was killed by the informant (P.W.1) himself." 8. The learned Deputy Attorney General placed before us the FIR, the medical evidence on record, the judgment of the trial Court and that of the High Court Division an......chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ..Category: Criminal Law | Date: | Hits: 71
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......port of the Enquiry Committee, the charge of misconduct and insubordination framed against the plaintiff, the evidence of the witnesses, the reply of the plaintiff and after detailed deliberation and careful consideration of the charge dated 2.5.83, explanation dated 8.5.83, the facts disclosed duri..Category: Employment/Service Law | Date: | Hits: 108
Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....xamination nor the doctor was examined as a witness in the trial. While producing the post mortem report by the PW 7, no cause was shown explaining the circumstances under which the attendance of the medical officer, who held autopsy and prepared the report, could not be procured in the Court. The p......d aside in the bathroom. The evidence of PW 4 does not even suggest any act of violence on the part of the accused appellant perpetrated on Sawpna which might have been the cause of her tragic end. A careful reading of the deposition of the witnesses will reveal that there is no ingredient or materi..Category: Criminal Law | Date: | Hits: 116
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......“As of today the Administrative Tribunal Act, 1980 is a self‑contained and composite legislation. Both the execution of the decisions and orders of a Tribunal and violation thereof are well taken care of by the legislation. It does not need the additional umbrella of this Court's jurisdiction un..Category: Administrative Law | Date: | Hits: 182
Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)
....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......e basis of conviction. 33. No doubt enmity is a double edged weapon providing motive both for offence as well as for false implication. So duty is cast upon the Court to scan evidence closely with care so that neither the guilty person wrongly escapes on the plea of enmity nor innocent person is ..Category: Criminal Law | Date: | Hits: 67