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State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
.... Division, in Criminal Miscellaneous Case No. 17892 of 2010. 2. The facts as alleged in the FIR in brief are that at the dead of night at about 12-30 AM on 22-5-2010, while the victim Hafsa, the minor girl of the informant went out of her house with her mother to answer the call of nature, she ...... by the High Court Division, in Criminal Miscellaneous Case No. 17892 of 2010. 2. The facts as alleged in the FIR in brief are that at the dead of night at about 12-30 AM on 22-5-2010, while the victim Hafsa, the minor girl of the informant went out of her house with her mother to answer the ca......ion, in Criminal Miscellaneous Case No. 17892 of 2010. 2. The facts as alleged in the FIR in brief are that at the dead of night at about 12-30 AM on 22-5-2010, while the victim Hafsa, the minor girl of the informant went out of her house with her mother to answer the call of nature, she was ki..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....ormance of Contract for the reconveyance of the suit land in the 1st Court of Munsif, Kushtia against the defendant‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and ex......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....তে নিযুক্ত হওয়ার অযোগ্য বলিয়া গণ্য হইবে”। 8. Rule 40 of the REB service Rules envisages two categories of penalties, namely, minor penalties and major penalties. Under Rule 40 (1) (Kha) four types of major penalties can be in......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ..Category: Employment/Service Law | Date: | Hits: 175
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......ramat Ali, Asar A|i, Abdus Salam, Abdul Haque and Hanju were assaulting deceased Rezaul karim with lathis in their hands. While they approached there, the accused left the place. 3. Thereafter the victim Rezaul Karim was takeen to their house wherein he lost his sense. P.W.1 called a local doctor......rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536...Category: Criminal Law | Date: | Hits: 90
.... it shall withdraw the charge and the proceeding shall accordingly be disposed of.
(b) there is good ground for proceeding against the accused but the allegations, if established, would call for a minor penalty, it may, after giving him an opportunity of being heard in person, award any of the mi......d the polling centre, the proceeding brought by the Secretary respondent No. 1 at the instance of the said Minster is mala fide, motivated and has been brought with the ulterior motive of maliciously victimising the petitioner. In the written reply (Annexure F) to the charge petitioner did not state......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ..
Category: Employment/Service Law | Date: | Hits: 79
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....ted Tk. 6,000/‑ out of Tk. 7,500/‑ as security and wanted to deposit rest Tk. 1500/‑ within one month and taking opportunity of the plaintiff's father's absence, the defendant took key from the minor plaintiff and took possession giving Tk. 450/‑ as six months' advance rent. The defendants a......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....red sale deeds respectively dated 19.12.58 and 1.6.67. During the war of liberation her husband died. Thereafter she left this country for Afghanistan with her daughters leaving at Chittagong her two minor sons in the house of her maternal uncle Chunnu Mia, a Peon in the local Custom Office. Subsequ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....Purpose of defence. Under section 104 of the Pakistan Penal code the right of private defence is circumscribed by the limits mentioned in section 99 of the Code. The offence of criminal trespass is a minor offence. In a case where die tress‑pass is unarmed and there is no threat of grievous injuri......ccused appellant Sarwar Kamal, the accused persons first gheraoed the members of the complainant party at the place of occurrence and then accused Mir Kashem, first gave a dao blow on the head of the victim Tajur Muluk who fell down on the ground. Then accused appellant, Darbesh Ali gave some more b......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ...... six witnesses out of twelve, who were named in the charge sheet. Of them P.W.1 Sheikh Torap Ali is the informant. P.Ws.2-3 Sufia Begum and Nurul Islam are his wife and son respectively, who are also victims of the alleged occurrence and inmates of the same house. P.Ws.4-5 Mohammad Ali Fakir and Ami......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......they reiterated their innocence and examined nine defense witnesses. The defense case, as it appears from the evidence of defense witnesses as well as from the trend of cross-examination, is that the victim Abdur Rashid was drowned in strong current of the canal, while he along with appellant Nos.1 ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......e witness also produced the blood stained pant, ganji and shirt of his brother to the police. At the time of writing ejahar P.W. Moniruzzaman and Abul Khair and other witnesses were also present. The victim Sayeed was in the bed 15/20 cubits away from the police where the ejahar was written. P.W.3 A......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Abdul Khaleque Vs. State, 1992, 21 CLC (HCD)
....s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75.......imprisonment for life and also to pay a fine of Tk. 2000.00, in default, to suffer rigorous imprisonment for one (1) year more. 2. Prosecution case, in short, is that the accused appellant married victim Rahima Khatoon about 1‑1/2 years before the occurrence without the consent of her parents. ......s rigorous imprisonment. The impugned judgment is modified accordingly. Let the LC records be transmitted to the court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 75...Category: Criminal Law | Date: | Hits: 78
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....bani J.- This Rule is directed against the judgment and order dated 29.5.85 passed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984. 2. The opposite‑party Md. Abdul Mannan, a minor, through his father, filed a suit for permanent injunction against the petitioner No.1 Ajiran ......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ..Category: Criminal Law | Date: | Hits: 62
.... contending marks."
It is for the Court to come to a prima facie decision whether the marks used by the defendant of his product is similar to the marks used by the plaintiff. If in spite of some minor distinctions the Court finds similarity between the two marks on consideration of the material......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
..
Category: Intellectual Property Law | Date: | Hits: 224
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....on too, the plaintiff is entitled to sue on the principle as referred by Mr. Mahmud on page 15 of “Insurance Law” by Brij Nandan Singh, third edition, 1993, “In these cases the guardian of a minor effected an insurance against fire in respect of the minor’s property and the company also k......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..Category: Business or Commercial Law | Date: | Hits: 211
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the judicial custody is illegal and as such she may be allowed to go on her free will. 4. Mr. Ashok Kumar Banik, the learned advocate appearing on behalf of the father submits that the victim is a minor girl and her date of birth is dated 20.12.1995 and as such she can not be released from the ju......ypurhat and others.…………Opposite parties Judgment March 21, 2011. Lawyers Involved: Zakir Hossain, Advocate-For the petitioner. Ashok Kumar Banik, Advocate-For the father of the victim. Bashir Ahmed, Assistant Attorney General-For the Opposite parties. Criminal Miscellane...... application under section 491 of the Code of Criminal Procedure this rule was issued calling upon the Deputy Commissioner, Joypurhat to show cause as to why the detenu Tamima Akhter Mitu, the victim girl as alleged in Joypurhat P.S. Case No.18(5)2010 dated 15.05.2010 started under section 7/30 of t..Category: Criminal Law | Date: | Hits: 57
Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)
....tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......hen obtained the instant rule. 3. The learned advocate appearing for the petitioners submits that the petitioners are quite innocent and they have been implicated in this case falsely and they are victim of circumstances and since the case is sent for further investigation, there is no certainty ......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 71
Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)
....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......o the unknown place from the Burimari Bus stand and she was not found as such the local chairman and elite of the locality and in the shalis the convict appellant confessed that he will bring out the victim within ten days; that since the convict appellant did not take any step to bring her daughter......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 60
Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)
....till today no witness has turned up and the trial is delayed for no fault of the appellant and there is no certainty as to when the trial will be commenced. He further submits that the appellant is a minor boy and his date of birth is 10.5.1995 and he is a student of school but the Tribunal did not ......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 65
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