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Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)

....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ..

Category: Property Law | Date: | Hits: 32

Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)

....the respondent No. 2’s year of birth was recorded as 1936 and the said form was duly counter-signed by the respondent No.2 himself. In the said form he also affixed his thumb impression. And in the medical report dated 8-5-61 it was stated that his year of birth was 1936 and that also was counter-......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271...

Category: Labour and Industrial Law | Date: | Hits: 117

Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)

....er within the meaning of section 2(v) of the Employment of Labour (Standing Order) Act. l965, the Muazzin of Mosque can not also be a worker. That an employee in a nonprofit making establishment like medical centre or hospital is not also a worker and to bring home his submission in this regard, the......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...

Category: Labour and Industrial Law | Date: | Hits: 99

State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)

....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..

Category: Criminal Law | Date: | Hits: 76

Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)

....e assured a salish over the incident but ultimately failed. Thereafter the informant lodged the First Information Report on 10-11-89 at 00.15 hours explaining the delay due to assurance of salish and medical examination of the victim. 3. On the aforesaid First Information Report the police visite......al Hospital and found that the girl was ill developed and secondary sex character was not yet developed. He also stated in his chief that no external injuries or signs of violence were detected after careful examination but hymen was found ruptured with rounded margin. He also stated that although t..

Category: Criminal Law | Date: | Hits: 32

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ...... Lordship further expressed, “Now if any law is inconsistent with the Constitution (Article 7) it is only the judiciary that can make such declaration. Hence, the Constitutional scheme, if followed carefully, reveals that these basic features are unamendable and unalterable. Unlike some other Cons..

Category: Constitutional Law | Date: | Hits: 482

State Vs. Moslem, 2002, 31 CLC (HCD)

....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......ion and the omission is trivial and not at all material and the omission cannot be characterised as contradictions and missing or omitting to make any statement in the evidence might be ignored. On a careful analysis of the evidence of PW 1 and PW 2 no contradiction and material discrepancy appeared..

Category: Criminal Law | Date: | Hits: 82

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

.... jurisdiction vested on him un­der the provision of Order 47, rule 7 of the Code and thereby committed illegality. The learned Advocate submits that both the Courts below illegally disbe­lieved the medical certificate produced by the plain­tiff on 13.9.84 in support of his illness. He argued that......d that......"Issue of commission is a matter of judicial discre­tion, but the circumstances in which a witness in­stead of being produced in Court, is sought to be examined on commission, should be carefully con­sidered such commission should be issued on the ground of necessity and not as a matt..

Category: Procedural Law | Date: | Hits: 95

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......uipped people to interfere in mat­ters which are not subject matters of their concern. In discharging the Rule against the contemner Nos. 2-4, we would like to issue a note of warning that in future care should betaken to see that opinions on various subjects are expressed by people -who have at le..

Category: Criminal Law | Date: | Hits: 35

Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)

....o. XXIV of 1982. From reading section 509A of the Cr. P.C. it becomes clear that post-mortem report is an admissible evidence only when the following requirements are satisfied i.e. to say (1) if the medical officer who made the report is dead (2) or he is incapable of giving evidence (3) or if he i......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..

Category: Criminal Law | Date: | Hits: 93

Belal Ahmed Vs. State, 1987, 16 CLC (HCD)

.... two boys were fleeing towards north. The informant found his daughter in a critical condition having sustained burning injuries and he took her to Dhaka Dakshin Hospital and from there to Sylhet for medical treatment. The informant who is a school teacher at first was reluctant to lodge an FIR beca......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ..

Category: Criminal Law | Date: | Hits: 38

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......d Parliamentary Affairs as well as to the Secretary, Ministry of Establishment Government of Bangladesh with an expectation that they would ask their subordinate officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detenti..

Category: Criminal Law | Date: | Hits: 45

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....r (ii) deposited in any account with the Post Office Savings Bank;” 11. The expression “charitable purpose” as used in clauses (i) and (ii) includes relief of the poor, education, medical relief and the advancement of any other object of general public utility. 12. Mr. Mus......mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168...

Category: Fiscal/Taxation Law | Date: | Hits: 65

Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)

....em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......ks relief from it. Duty of the journalists as conscious and conversant citizens is more than the ordinary citizens to uphold the prestige and dignity of the Supreme Court. They should be cautious and careful and should verify before publishing any news concerning the highest court of the country. In..

Category: Criminal Law | Date: | Hits: 120

Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)

....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ful not formal—reading of the plaint it is manifestly vexatious, and meritless, in the sense of not disclosing a clear right to sue, he should exercise his power under Order VII rule II, CPC taking care to see that the ground mentioned therein is fulfilled. And, if clear drafting has created the i..

Category: Others | Date: | Hits: 79

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

.... admitted into evidence without complying with the requirements of section 509A of the Code of Criminal Procedure. Therefore, the post mortem report must be left out of consideration. So, there is no medical evidence as to the cause of death of the deceased. But death of the deceased due to shots is......altan, Dhaka, having been informed by Azahar Ali Bhuiyan over telephone, rushed to Dhaka Medical College Hospital where her husband was admitted. After surgical operation he was kept in the intensive care unit of the hospital. 3. Further prosecution case is, that some days before the occurrence i..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......he petitioner in not disclosing all facts in the petition before the Vacation Bench and indicated our mind to Mr. TH Khan and his client. They have assured that the petitioner will henceforth be very careful. 8. We do not like to pursue the matter further and hope that there will not be a sec..

Category: Criminal Law | Date: | Hits: 97

Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)

.... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ......ection 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail with death, or imprisonment for life depending on the gravity of the offence. As the offence is grave so is the care to be taken in dealing with such offence lest an innocent citizen is punished………………..

Category: Criminal Law | Date: | Hits: 40

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......mpression with which the disputed signature, writing or finger impression may be compared by the Court but such a comparison is a mode of ascertaining the truth which ought to be used with very great care and caution. Though there is no prohibition of such mode of proof, it has been regarded as haza..

Category: Property Law | Date: | Hits: 68

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

....he prosecution case extensively. In cross-examination, this witness stated that there was no alamat in this case, that the seizure lists were not available with the record and that he handed over the medical certificate in support of his injury to the investigating officer. He denied the defence sug...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...

Category: Criminal Law | Date: | Hits: 90