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Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....one is to accept that there was no 'iwoz' or consideration, even that would not necessarily invalidate the gift but would only operate to transfer its character from a gift with exchange to that of a simple gift. In this regard, reference was had of Miaruddin Vs. Saleh Meher Bibi reported in 11 DLR ......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....aries within a wide range from imprisonment for life to a mere tine. The culpable homicide may proportionately vary in its gravity and criminality from the offence approaching almost to a murder to a simple hurt in which a small fine may be an adequate punishment. 7. It is a fundamental principle......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......have recorded their statements. 41. PW 21 Dr. Mizanur Rahman stated that on 8-6-2002 he held post mortem on the body of the deceased Sabekun Nahar alias Sony. He stated that he found the following injuries on the body of the deceased: 1. One circular firearm injury 0.33"x 0.33" x cavity depth ..Category: Criminal Law | Date: | Hits: 236
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......f accused Md. Abdul Mazid and when it was detected, the deceased tried to run away and at that time he fell down on the ground and got himself injured and due to profuse bleeding, he succumbed to the injuries and that the accused-persons were falsely implicated in the case. 9. Considering the evi..Category: Criminal Law | Date: | Hits: 93
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....er for getting registration on the plea that trade licences show that the petitioner had been marketing its products long before. We cannot accept the said endeavor of Mr. Gazi Niamat Hossain for the simple reason that on perusal of the trade licence as well as the import and export licences, it doe......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....t questioned the legality of the trial in relation to them. So, we are of the view that the trial has, not been vitiated because of the joint trial with the then "child" accused Waliur. The reason is simple. Intention of section 6 of the Children Act requiring separate trial of a child is to ensure ...... of lungs. Upper part of the left ventricle of the heart, clotted blood inside left chest cavity about 1/2 kg found. In my opinion the death was due to haemorrhage and shock caused by above mentioned injuries sustained by sharp pointed weapon which was ante-mortem and homicidal in nature". In cr..Category: Criminal Law | Date: | Hits: 43
.... of an order of termination without complying with the requirements of filing a grievance petition.
22. An employer has the right to transfer any of its employees from one place to another and the simple act of not transferring 39 of the 40 suspended workers and employees as alleged by the petiti...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....atsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year or with fine which may extend to ten tho......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......sed it shall discharge him with elaborate reasonings. However, in the instant case the High Court Division found that the statements of the witnesses under Section 161 of the Code regarding the injuries of the victim were supported by the post-mortem report stating that as many as 24 bullets w..Category: Criminal Law | Date: | Hits: 73
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......handra Banik, said in his cross-examination that he did not see the persons, who shot at whom. PW 8 is the Doctor who held autopsy of the deceased. In his deposition, he reiterated the description of injuries mentioned in the Post Mortem Report. But in the cross-examination, he said that no bullet o..Category: Criminal Law | Date: | Hits: 96
Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....he cannot be removed so lightly. On the other hand, an acting Chairman is chosen from among the members of the Union Parishad unlike the elected Chairman and, as such, he must have the support of the simple majority of the members of the Union Parishad and therefore, the petitioner cannot claim that......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...Category: Election Law | Date: | Hits: 83
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......howdhury; the father of the informant, and as he did not satisfy their demand they attacked him, and as per order of Mofizur Rahman, the other accused persons assaulted him mercilessly causing severe injuries and thereafter, Mofizur Rahman snatched away Taka 4,000 from his pocket. Victim died at Chi..Category: Criminal Law | Date: | Hits: 49
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......he informant who is a poor Bargader. 4. PW 1 is Siddique Ullah. He is the father of the victim. He has reproduced the prosecution case as stated above and stated that 3 accused persons caused head injuries on the victim and she died and he went to their house but did not find them and he saw the ..Category: Criminal Law | Date: | Hits: 96
State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)
....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. ......ictim Abu Bakkar, a student attached to Sir F. Rahman Hall, who sustained injury. Thereafter the accused persons opened fire indiscriminately and some of the students at that time fled away receiving injuries. Two days after the occurrence, the victim Abu Bakkar succumbed to the injuries at the hosp..Category: Criminal Law | Date: | Hits: 46
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....য এবং ব্যাংকের মুনাফা পৃথক পৃথক ভাবে জানায় না।” From the aforesaid it appears that Moazzal system of transaction is a simple transaction whereby the bank on credit sells certain properties goods to the customer on a fi......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ..Category: Banking Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....vy Council observed that under the common law of England there was one sentence only which could be judicially pronounced upon a defendant convicted of murder and that was the sentence of death. This simple and undiscriminating rule was introduced into many States now independent, but once Colonies ......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
.... notice to show cause as to why the assessment against the petitioner should not be re-opened on the alleged ground of evasion of taxes. The impugned demand notice also suffers from infirmity for the simple reason that neither the alleged report of the Inspector of the Circle has been served on the ......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....knowledge that he has not such amount in the bank, it will not amount to cheating if he has intention to deposit the money before the cheque is presented for encashment. In any case, our view is that simple dishonouring of a cheque itself is not an ingredient of cheating. 10. It is an established......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530...Category: Criminal Law | Date: | Hits: 46
Shahidul Vs. State, 1998, 27 CLC (HCD)
....er and 2 others under section 4 of the Explosive Substances Act and sentenced each of them to suffer rigorous imprisonment for 10(ten) years and also to pay a flue of Taka 500.00 in default to suffer simple imprisonment for 3(three) months more. 3. The prosecution story, in brief, is that, on 27-......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
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