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State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)

....ing the victim on 02nd February, 2010, the High Court Division has committed error of law in enlarging him on bail. 5. We have heard the learned Additional Attorney General, perused the F.I.R, the medical evidence and the impugned judgment. The High Court Division while enlarging the respondent o......he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ..

Category: Criminal Law | Date: | Hits: 46

Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)

....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......res of gold or silver, currency, articles of food, drugs, imported goods or any other goods, without specifically mentioning and spelling out “Antiquities” which as we have noticed has been taken care of by the Antiquities Act of 1968. 20. Mention may be made that sections 376, 385 and 387 of..

Category: Criminal Law | Date: | Hits: 72

Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)

....di PS Case No.10(10)96 by the order of the High Court Division and since after the discharge she has been passing her days in critical ailing condition and could not go abroad for proper treatment on medical advice as her passport was impugned in the year 1996. She could not get it back despite orde......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...

Category: Criminal Law | Date: | Hits: 64

Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)

....dvocate for the appellant further submits that the statutory provision have been denied upon the appellant. It is on record that the accused appellant was injured and along with forwarding report the medical certificate was given. He further submits that in the case charge was framed on 8.3.09 but t...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 49

Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)

....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......fer of Property Act or under section 115 of the Evidence Act? 29. If one wants to be protected under section 41 of the Transfer of Property Act, he is required to prove that he took all reasonable care to ascertain the file of his vendor. He inquired at least in the local Sub-Registrar’s office..

Category: Property Law | Date: | Hits: 113

Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)

....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...

Category: Property Law | Date: | Hits: 71

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

....sti people. The learned Advocate, referring to Article 15 of the Constitution, submits that the State is under obligation to ensure the basic necessities of life including health, education, shelter, medical care and the right to work. The learned Advocate referring to Article 32 submitted that the ......le. The learned Advocate, referring to Article 15 of the Constitution, submits that the State is under obligation to ensure the basic necessities of life including health, education, shelter, medical care and the right to work. The learned Advocate referring to Article 32 submitted that the Constitu..

Category: Property Law | Date: | Hits: 97

Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)

....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...

Category: Criminal Law | Date: | Hits: 33

Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)

....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......th the plaintiff and delivered possession. The plaintiff also got allotment of the suit plot from the Government. At the time of delivery of possession defendant No. 1 was occupying the tin shed as a caretaker. He was allowed to continue as such. On 27-6-94 on behalf of Mirpur Housing Estate possess..

Category: Property Law | Date: | Hits: 83

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......ency was not valid. Very good. The appellate Court affirmed such decision for reasons we failed to decipher. What would be the consequence of such invalid termination of an agency has well been taken care of by law. 21. Clause (a) of section 21(1) of the Act provides that when a contract for non ..

Category: Civil Law | Date: | Hits: 148

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......nd the writ of habeas corpus will be available for securing the release of the prisoner who has been convicted by a Court Martial in such circumstances." (Underlining is for emphasis). 13. We have carefully examined the impugned judgment and order of conviction. Save the evidence of PW 3 there is..

Category: Criminal Law | Date: | Hits: 52

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......fs, Md. Mokhlesur Rahman went to England and got a job there. Then in 1964, Farida Rahman followed him. Farida Rahman had a job in England. 8. Farida Rahman appointed, her father, Hamiduddin Ahmed caretaker in respect of the suit land. She instructed her father to make a two-storied building on t..

Category: Property Law | Date: | Hits: 139

State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

....prosecution story that the deceased received injury at the alleged place of occurrence. 26. PW 16 Dr. Sukdeb Chandra Roy was attached to Health Sub-Centre, Chowgram. He examined PWs 2-4 and issued medical certificates. Since the accused who allegedly caused injury on those persons have been acqui......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....ddled with any onus to prove his innocence. He adds that the father of the deceased as PW 2 admitted that he heard that his deceased daughter committed suicide. There is no evidence in support of the medical evidence that the deceased was strangulated to death. So, according to the learned Counsel f......ted in any other case. 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) 34. ..

Category: Criminal Law | Date: | Hits: 41

Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)

....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......ed law. 14. In the case before me, the plaintiff stopped payment of the gas bills since August, 1999 which they have clearly averred in their plaint. Even, after the disconnection, it did not even care to show any readiness or intention to pay the arrears. The Court of appeal below granted mandat..

Category: Civil Law | Date: | Hits: 151

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

....in convicting an offender on the basis of testimony of single witness if his evidence is found by the Court to be honest and trustworthy and if fully corroborated by the circumstances of the case and medical evidence. 24. In the present case we find that there is no dispute as to the death of Azh......om the place of occurrence and, thereafter, the injured persons were taken to the hospital. It appears that P.W.3 is friend of Mithu. Mithu’s father was owner of a mill, he also stated that he was scared on seeing knives and only told the accused persons not to fight. He denied suggestion that he ..

Category: Criminal Law | Date: | Hits: 35

Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......a port and Harbour Master, submits that the vessel has incurred the liability by way of port dues to the Mongla Port Authorities and accordingly, the release order, if made by this Court, should take care of this aspect so that the vessel cannot sail out of the port without satisfying the port dues...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

.... about 10-30PM on a motorcycle. When they reached in Emergency Department accused Ratan, Pipul, Royel, Nahid, Lamu, Yousuf and 1/2 others encircled the deceased. At one stage Shamim came running from medical college hospital and told শালাকে এখনও কোপাও নাই. He furt......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...

Category: Criminal Law | Date: | Hits: 50

Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)

....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..

Category: Criminal Law | Date: | Hits: 43

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......n’ was being constructed just 420 feet away from the approach path of the old airport, the petitioners were obliged to take clearance from the Civil Aviation Authority. When the petitioners did not care to take clearance instead of repeated requests the sanction was rightly cancelled by RAJUK. ..

Category: Property Law | Date: | Hits: 125