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Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......om an order under sub-section (5) the learned Additional Sessions Judge was perfectly enti­tled to take a different view. He was of the opinion that the likelihood of a breach of peace is well-taken care of before the initiation of the proceeding under section 145 of the Code of Criminal Procedure...

Category: Criminal Law | Date: | Hits: 32

Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)

....ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......g said 9 decimals of land he lost his original deed of exchange and hence he procured certified copy thereof on 23.10.1981 and that the defendant forcibly dispos­sessed the plaintiff by evicting his care­taker from the suit land on 12.03.1993 with the help of miscreants and that the caretaker, bei..

Category: Property Law | Date: | Hits: 31

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ......tration of Criminal Justice System in Bangladesh". He visited UK, USA, France, Netherlands, Switzerland, Belgium, India, Pakistan, Sri Lanka, Saudi Arabia and UAE. 26. He said that all through his career as a Judge, he discharged his duty with utmost diligence, honesty and sincerity. He never had..

Category: Constitutional Law | Date: | Hits: 252

Sayed and oth­ers Vs. State, 2009, 38 CLC (AD)

....ove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 830. ...... appellants at the instance of Joinal Abedin, the political rival of Chairman Jalaluddin as the accused appellants are the supporters of the incumbent Chairman; that the trial Court also did not take care to analyse why there was no independent witness of the occurrence though it has come in evi­de..

Category: Criminal Law | Date: | Hits: 26

Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)

....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ...... subsistence of the marriage, at a distance from the father’s place of residence; or (3) if she is leading an immoral life, as where she is a prostitute. or (4) if she neglects to take proper care of the child. The rule, which is of tradition, is based on the reason that if a woman marrie..

Category: Family Law | Date: | Hits: 179

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......he case land to the pre-emptee, but did not put forward a plausible explanation for such late knowledge. Again, though he took nearly seven years to submit his application for pre-emption, he did not care to implead all the co-sharers of the case holding as the parties in it. This is despite the fac..

Category: Property Law | Date: | Hits: 37

Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......else except Samir Singh there. He said that altercation continued for 5 minutes and accused could murder had they the intention of murdering. PW 3 added that he saw Shaymol in the next morning taking care of his cattle. 13. PW 4 Samir Kumar Singh stated in his chief that on the date and time of o..

Category: Criminal Law | Date: | Hits: 30

Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)

....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62....... under Paragraph 5 to examine the accused by putting various questions. But paragraph 5 of Ext. 5 (c) does not show that any question was put to the confessing accused for the said purpose. Thus on a careful perusal of the confessional statement we are satisfied that the recording Magistrate did not..

Category: Criminal Law | Date: | Hits: 31

Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)

....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......g only, then, of course that meaning must be given to it. But if the language or the statute be ambiguous and capable of giving more than one meaning, then of course, the court has to take additional care and precaution to examine the same in order to give the real meaning to it taking the statute a..

Category: Election Law | Date: | Hits: 104

Bangladesh Anabic Shakti Commission Karmachari Union Vs. Member, Labour Appellate Tribunal, Dhaka and others, 2000, 29 CLC (HCD)

.... services; and that the Respondent No.4 is a scientific research organisation set up by Government to undertake and carry on research works in the field of peaceful use of Atomic Energy and rendering medical diagnostic and other services applying nuclear techniques and that the Respondent No.4 is no...... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430...

Category: Labour and Industrial Law | Date: | Hits: 158

Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)

.... appellants are acquitted of 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: 55 DLR (2003) 160. ...... appellants are acquitted of 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: 55 DLR (2003) 160. ..

Category: Criminal Law | Date: | Hits: 35

Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)

....t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......unt against some other accounts maintained by the defendants. Consequently, the plaintiff bank served a legal notice demanding payment of the aforesaid amount with interest but the defendants did not care to repay the aforesaid loan amount though they had received the legal notice. Under such situat..

Category: Civil Law | Date: | Hits: 101

Nasir Howlader Vs. State, 2004, 33 CLC (HCD)

.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......se the law requires a clear finding as to intention before recording a conviction under the first part of section 304 of the Penal Code. This type of judgment demonstrates a lack of judicial mind and care. Now it has become our bounden duty to consider whether the conviction as recorded is justified..

Category: Criminal Law | Date: | Hits: 30

Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)

....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......cies in the prosecution case as noted above. The possibility of false implication cannot be altogether ruled out in, this case. The trial Court has failed to consider this aspect of the case with due care. Consequently, in our view, there has been a miscarriage of justice. 34. In view of what is ..

Category: Criminal Law | Date: | Hits: 39

State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)

....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...

Category: Criminal Law | Date: | Hits: 31

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ed machineries and for return of the same to the petitioner. The petitioner also stated in the application that the equipments were very costly, sophisticated and sensitive and it they were not taken care of regularly, there was every chance of the same being damaged but no action was taken on the s..

Category: Information Technology Law | Date: | Hits: 230

Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)

....3) who sustained injuries at the hands of the accused-appellants during the occurrence has successfully narrated the injuries sustained by him at the hands of the individual accused and referred to a medical certificate on this behalf available in paper-book and submits that PW 3 being the person wh...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...

Category: Criminal Law | Date: | Hits: 28

Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)

....re was no mark of injury on the body of the deceased. 12. PW 3, the doctor who held post‑mortem examination on the dead body of the deceased, claimed that post‑mortem examination was made by a medical board consisting of three doctors including himself. He proved the said post‑mortem examin......f the husband and also while in his house, the husband is to explain under what circumstances the wife met with her death. In the instant case, it is needless to mention here that the defence did not care to explain as to how the deceased met with death inasmuch as the explanation so given about unn..

Category: Criminal Law | Date: | Hits: 88

Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)

....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...

Category: Trust/Waqf Law | Date: | Hits: 187

Salim (Md.) Vs. State, 2001, 30 CLC (HCD)

....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......the heinous offence has been convincingly proved by the prosecution. In such a case, the Court is not only competent to take into account the move for the crime but also is called upon to consider it carefully in facts and attending circumstances of the case. 34. We have carefully gone through th..

Category: Criminal Law | Date: | Hits: 53