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Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....to sue in the law. 9. On reading sections 45 to 47L of the Act, we do not have any doubt that in the facts and circumstances of the case, the appellant has no right to sue in a civil Court for the simple reason that an insurer does not have any such right under the law. This appeal has, theref......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....f is entitled to a decree in part in the suit and accordingly this court hold that the plaintiff is entitled to recover compensation from the defendant No.1 at an amount of Tk. 1,06,250.00 along with simple interest @ 18% P.A. from the date of discharge of the cargo up to the actual realization of t......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ...... and that Nazrul Islam (P.W.2) sent information to the police station and the police came and saw the dead body and the ejhar was written according to her statement in her house and she mentioned the injuries in the ejhar and that the deceased had six other brothers out of them Fazlu, Salam, Mati an..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....he plaintiff has no right to stop such sale through tender. On this ground Mr. Mahmudul Islam submits that the present suit is not maintainable. 18. It appears to us that it is not an ordinary and simple sale of a property. In ordinary manner when a person proposes to sell a property and when ano......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..Category: Tenancy Law | Date: | Hits: 135
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....at such failure of the plaintiff has vital adverse effect upon the question of title and possession in the suit land as claimed by the plaintiff. But, we are unable to concede to such holding for the simple reason that the evidence of plaintiff in a Civil suit only bears the significance that the pl......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......llant. He also saw the appellant inside of the house. P.W. 6 Dr. A.K.M. Monirul Haque, who held the post mortem of the victim’s dead body, stated that while conducted the post mortem, he found five injuries on her dead body. In his deposition he gave detailed descriptions of the injuries and state..Category: Criminal Law | Date: | Hits: 58
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... pond of one Delowar behind the Jhenidah Cadet College; the informant along with her brother-in-law (Bhashur) Md. Adil Uddin, and others rushed to the place of occurrence and found three separate cut injuries on the dead body of her husband below his right ear and right shoulder and a cut injury on..Category: Criminal Law | Date: | Hits: 56
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....ither under the provision of section 53A of the Transfer of Property Act or under the provision of Specific Relief Act. 35. It appears that the trial judge without applying his judicial mind upon simple surmises and conjecture reversed the judgment and decree passed by the trial court and wrongf...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
....accused persons would be held guilty for commission of offence under section 11 (Kha)/30 of the Ain. In course of trial, if it is found that the injury/hurt allegedly inflicted upon the victim was of simple nature, the charge can be altered at any point of time, and whether the appellants or any of ...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 55
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......amsul Haque was bringing in their house and their room was kept open. At about 2.00/2.15 am, his grand father started crying when she after coming out of the room saw her husband was unconscious with injuries with shabal on the chest, she become unconscious and thereafter recovered at about 4 am, wh..Category: Criminal Law | Date: | Hits: 52
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....a declaration of hiba by the donor, an acceptance, express or implied, of the gift by the donee, and delivery of possession of the property, the subject-matter of the gift, according to its nature. A simple gift can only be made by going through the above formalities and no written instrument is req......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...Category: Property Law | Date: | Hits: 89
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....tate Acquisition and Tenancy Act, the khas Khamar title was converted into Raiyati jote title under the Government; that Jagabandu used to possess the suit land by erecting dwelling house which was a simple thatched hut but the remaining portion of land was an unused plot of land. 4. It is furthe......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......report on holding chemical analysis. Result of chemical examination revealed that no poison was found. Doctor then expressed opinion that the cause of death was due to neurogenic shock resulting from injuries mentioned in Post Mortem Report which was ante-mortem and homicidal in nature. 6. Accuse..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....has proved the medical certificate as Exhibit 17 about the said injuries and identified his signature Exhibit 17/1 thereon. He stated that the injuries found on the body of Abdul Mannan Hawlader were simple in nature and the same were caused due to splinters of bomb explosion. PW 24 was not cross-ex......le broken to pieces, Judge Sohel Ahmed hanging with a part of the broken microbus and his both legs were severed from the body, and Jagannath Pandey (পাঁড়ে) lying on the ground with serious injuries beside the microbus. The informant also found beside the damaged microbus two other injured..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....stody.— (1) Except in the case of an offence punishable only with death, when any Court finds an accused guilty of an offence and upon conviction sentences such accused to any term of imprisonment, simple or rigorous, it shall deduct from the sentence of imprisonment the total period the accused m......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......5 years, to him in connection with Lakshmipur Police Station Case No.17 dated 16-12-98 and identified the same to him and thereafter he (PW 6) held an autopsy on the dead body and found the following injuries:- "1. One penetrating injury over the abdominal wall about 1.5" left lateral umbilicus ..Category: Criminal Law | Date: | Hits: 91
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... be not acceptable so far her examination under section 161 of Cr.P.C. is concerned. 130. This witness (PW 12) is the maidservant of PW 3 Simeen Hossain, the elder sister of the deceased. She is a simple village woman. She came to know about the conspiracy on 21-4-1998 i.e., only 2 days before th...... কি হয়েছে, কি হয়েছে”. So he rushed to the room of Shajneen and found pool of blood on the floor, and Shajneen lying on the floor almost in a naked condition with several injuries on her person. On examining her pulse he could understand that she had expired. Thereafter ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
.... and paid rent and that thereafter he leased out some land and also sold some land to the predecessors of defendant Nos. 19-22 Imanullah and also to the father of defendant Nos. 1-7 Hinguluddin. This simple denial of the plaintiff without any reliable and cogent evidence will not help him to prove h......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......so denied the suggestion that she could not recognize the accused by the light of hurricane. 12. PW 2 Mofser Ali deposed that on hearing alarm he rushed to the informant's house and found marks of injuries inflicted upon the informant and his wife, who narrated the occurrence to him. They added t..Category: Criminal Law | Date: | Hits: 52
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......t time the accused Babi was at the 2nd Floor of the same three-storied building. Then the accused came down and gunned down his brother Afzal by spraying bullets. Subsequently, Afzal succumbed to the injuries. He found the slain Afzal on the ground floor. Then he found the accused Babi at his 2nd fl..Category: Criminal Law | Date: | Hits: 70
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