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AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......cretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... of the Act to pass an order of preventive detention. 7. Before parting with the case, it may be stat­ed that section 491 of the Code of Criminal Procedure gives jurisdiction to this Court in the nature of 'Habeas Corpus' to release a person illegally and im­properly detained in custody. Our Co..

Category: Criminal Law | Date: | Hits: 66

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......d. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......e occurrence as stated by him. This witness also denied that he deposed in this case falsely at the instance of Babal Commissioner. 18. P.W.10, Hemayet, is a seizure list witness and he put his signature in the seizure list in respect of blood‑stained lungi and one blood‑stained ganji from th..

Category: Criminal Law | Date: | Hits: 110

Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)

....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......examination the defence could not get anything of him that may go to its benefit. 12. D.W.2, Shaber Ahmed is a formal witness proving deed of gift, (Ext.-Ka). His evidence is practically formal in nature, having little importance in deciding the merit of the case. 13. D.W.3, Md. Abu Taher, con..

Category: Property Law | Date: | Hits: 132

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......ther case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......tate submits that the intention to cause grievous hurt is amply proved in the light of the evidence on record which is reflected in the medical report which shows that the injury No.1 was grievous in nature. He further submits that the injuries were caused by sharp cutting weapons and the force with..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......tice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......o include physical contact and advances; demand or request for sexual favours; sexually coloured remarks; showing pornography and any other unwelcome physical verbal or non-verbal conduct of a sexual nature. 53. Jahangirnagor University does not have any law on sexual harassment. The Jahangirnago..

Category: Employment/Service Law | Date: | Hits: 169

Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......t once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......volves a clear question of law touching upon the jurisdiction of the Court now in seisin of the matter. 9. In the case of Jahan Ara Akhter Begum, referred to above, several applications of similar nature filed by the HBFC were pending before the District Judge, Tangail. Meanwhile Artha Rin Adalat..

Category: Property Law | Date: | Hits: 127

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......r. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......R No.55 of 2004 is liable to quashed. It is submitted that it disclosed no ingredient in the alleged offence in the complaint petition rather the contention of petition of complaint is fully of civil nature and, as such, the complainant should go to the civil Court and, as such, the CR No.55 of 2004..

Category: Criminal Law | Date: | Hits: 102

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......e appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......m examination on the dead body of Ku­shala Rani has opined that death was due to injury found on the dead body of the victim and according to his opinion injuries were-ante mortem and homi­cidal in nature. Dr. Kazi Syed Ahmed (P.W. 3) has stated in his evidence which reads thus:— "I am attach..

Category: Criminal Law | Date: | Hits: 118

Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)

.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......osts. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......ff like others has got right of passage over it by "way of easement and necessity and by right of user." There was a further prayer for permanently re­straining the defendant Nos.2 from changing the nature and feature of the suit pathway and from blocking plaintiff’s passage over the pathway by m..

Category: Civil Law | Date: | Hits: 189

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......na, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......his liberty on the basis of an arbitrary exercise of the powers conferred on the detaining authority…………………..(19) The right to obtain a direction under section 491 of the Code in the nature of a habeas corpus is a statutory right on the grounds recognised in the section and a part o..

Category: Criminal Law | Date: | Hits: 114

Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)

....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......o cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ....................................................Respondent Judgment January 16, 2002. Result: The Appeal is dismissed. If a bank pays on a cheque which does not contain the customer's signature, the bank acts without mandate and cannot repel liability, the only limitation on bank's liab..

Category: Criminal Law | Date: | Hits: 130

Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......h if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ...... the learned Advocate ap­pearing on behalf of the petitioner, has attacked the detention of the detenu urging that the grounds of de­tention supplied to the detenu are indefinite, vague, of general nature and lacking in the necessary partic­ulars so as to enable the detenu to make any effec­tive..

Category: Criminal Law | Date: | Hits: 74

Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)

....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ds at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......plosive Substance Act, 1908 (Act No. VI of 1908); sections 3 & 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a nature to endanger life or to cause serious injury to person or property, the conviction and sentenc..

Category: Criminal Law | Date: | Hits: 103

Reliant Commodities & Technologies Pte. Ltd. Vs. Bangladesh Chemical Industries Corporation, 2007, 36 CLC (HCD)

.... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ...... Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ...... shown that in this factual, contractual and legal milieu, and with a view to exploring the possibility of an amicable settlement of the contradictory positions held by Reliant and BCIC regarding the nature and implications of the same, a high-level meeting was convened on 28-01-007, but to no avail..

Category: Alternative Dispute Resolution | Date: | Hits: 589

Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)

....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......y this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......e process of any Court or other­wise it would secure the ends of Justice. It must be clearly borne in mind that the powers under section 561A of the Code of Criminal Procedure being extraordinary in nature, should be exercised spar­ingly where such exercise is essential and justified by the tests ..

Category: Criminal Law | Date: | Hits: 123

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......ned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......e deceased, from the configuration of the dead body it seems to him that he was done to death and accord­ingly, he lodged an FIR with Kapasia Police Station on that day. He proved the FIR and his signature on it, marked Exhibit-2 and 2/1. He further stated that he prepared the sketch map and index ..

Category: Criminal Law | Date: | Hits: 147

Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)

....r­dance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......¦â€¦â€¦â€¦Opposite Parties Judgment January 28, 2009. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order VI, Rule 17 One of the fundamen­tal principles governing the amendment of the pleadings is that all the controversies between the parties ......es as far as possible should be included and multiplicity of the proceedings avoided. Therefore, amendment of pleadings can be be considered if the pro­posed amendment will in no way change the nature and character of the suit rather it is required for the proper and complete adjudication of t..

Category: Procedural Law | Date: | Hits: 114

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......e Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......alek Member, Azad, Enayet, Abdul Halim Carried the victims to the hospital, wherein Zulfiqur succumbed to the injuries. He lodged the First Information Report, which he proved it as Exbt.1 and his signature as Exbt.1/1. In cross-examination he stated that Shah Alam, Zulfiqur, Alip and Lokman were re..

Category: Criminal Law | Date: | Hits: 78

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......cated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......, order execution of the decree— (a) …………………… (b) …………………… (c) …………………… (d) …………………… (e) In such other manner as the nature of the relief granted may require; 20. Provided that, where the decree is for the payment ..

Category: Civil Law | Date: | Hits: 154

Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)

....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......nection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......ordinary course of events. It is not clear how they trapped a full-grown armed man in a so-called opportune moment. There is nothing on records to show the exact condition of the room in terms of its nature, walls, doors, windows and lock-up devices so as to assess the possibility of confinement of ..

Category: Criminal Law | Date: | Hits: 84