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State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....statements. The confession statements must be considered on the basis of the language of the confessor. We cannot read between the lines. We find that the confessional statement of accused Bachchu is exculpatory one. He only admitted that he called the victim at the request of accused Shahajahan. ......already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355...Category: Criminal Law | Date: | Hits: 129
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......is the confessional statement which was retracted by the accused. Reading the statement between the lines it appears that bulk of the statement made therein are inconsistent and improbable with human nature and cannot be accepted as true statement of fact. The prosecution took no step to establish b..Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......ch) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Abul Hashem Khan & others.......................................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Re......he defendant Nos.1-3 contested the suit by filing a joint written statement denying the material allegations made in the plaint and contending, inter alia, that there is no privity of contract of any nature in respect of the suit industry between the plaintiffs and the defendants. The suit is not ma..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
.... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......ove observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......1982 the petitioner is not being allowed to draw any benefit given by the Government to the teachers of the non-government High School. 7. Thus, Mr. Korban Ali submits that on consideration of the nature of work and the attachment of the petitioner with the Crescent Jute Mill itself, he clearly c..Category: Labour and Industrial Law | Date: | Hits: 184
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....lier by this Court on 8-5-95 is hereby vacated and the learned Court below is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 341.......For the Petitioners. Md. Roushan Ali with Md. Rabiul Karim, Advocates - For the Opposite Party No.2. Civil Revision No.1718 of 1935. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in......arty No.2, has subsisting interest in the suit land, and, as such, 3rd party is a necessary party in the aforesaid suit. Further, the addition of 3rd party as added defendant No.2 will not change the nature and character of the suit nor it will prejudice the plaintiff rather it will help to settle a..Category: Procedural Law | Date: | Hits: 121
....issued without lawful authority and is of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
......ect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 339.
...... Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why the order as contained in Memo No.06/Estate/180(Part)-4/488/1(10) dated 14-5-97 issued under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate) of the respondents office (Annexu..
Category: Labour and Industrial Law | Date: | Hits: 176
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ...... echymosis all over the body and head of variable sizes. In the opinion of the doctor the death was due to shock and haemorrhage resulting from the injuries which were ante mortem and homicidal in nature. There is no doubt that the death of Waliullah took place on 9.1.89 as a result of one injury..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ...... Vs. Abdullah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BL......ty Commissioner (Rev) and the Divisional Commissioner illegally cancelled the lease of the plaintiff by the aforesaid impugned orders. 12. The suit land is, no doubt, char land and agricultural in nature which invokes sections 76 and 81 of the State Acquisition and Tenancy Act being the relevant ..Category: Property Law | Date: | Hits: 105
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......89) 490. ......s 'mandatory' or 'directory' in the ultimate analysis depends upon the intent of the lawmaker and that has to be gathered not only from the phraseology of the provisions but also by conÂsidering its nature, design and consequences which would follow, from construing it one way or the othÂer. The p..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......cts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......ellation must be determined with reference to the context and subject matter of the statute. The power of cancellation must be considered in relation to the relevant provisions of the statute and the nature and extent of that power is essentially dependent upon the nature of the statute. 21. Read..Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......sult, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484....... Halder next submits that even if the Martial Law Regulations apply, the respondent No.6 has not been convicted for a criminal offence involving moral turpitude. We have already indicated the precise nature of the allegation against him. It does not involve moral turpitude. For all the above reas..Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......he Court of Sessions). On the above grounds the application is sumÂmarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......h regard to bail and other matters as he may specify." 7. It will be seen that the power given to the Sessions Judge under section 167(6) Cr.P.C to direct further investigation is retrospective in nature as he has been empowered under sub-section (6) to direct further investigation into the offen..Category: Procedural Law | Date: | Hits: 127
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......e Court observed "certain facts need be determined: (i) Was the donor suffering at the time of the gift from a disease which was the immediate cause of his death? (ii) Was the disease of such a nature or character as to induce in the person suffering the belief that death would be caused there..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......t him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ...... grievous injuÂries on the person of victim Abdul Hakim. In his opinion the death of the deceased was due to shock and haemorrhage resulting from the injuries which were ante-mortem and homicidal in nature. So we hold that the victim was murdered on the date of ocÂcurrence caused by severe injurie..Category: Criminal Law | Date: | Hits: 92
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......in the case of Abdur Rahman Miji and another Vs. Abdul Wadud Mia and another 2 PLR 287 that the expression "Proceedings" in section 141 of the Code of Civil Procedure includes original matters in the nature of suits, that is, matters which originate in themselves and not those which spring up from a..Category: Procedural Law | Date: | Hits: 107
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......ticated in her favour, was subsequently rescinded. So, from that point of view the Board entertained a technical error. That said, however, we are to explore whether that error was of any substantive nature and whether the same had occasioned any predicament to the petitioner before us. 37. The ..Category: Others | Date: | Hits: 171
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......gly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ripada Biswas had seized a dao in the night following 28.1.1988 from the house of co-accused Jalal in his front. He identified and proved the said dao produced before the Court and also proved his signature on the seizure list. 12. P.W.12 Shudeb Chandra Sarker, Magistrate of first class stated th..Category: Criminal Law | Date: | Hits: 125
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:...... any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......nce. After receipt of the chemical report the doctor submitted post mortem report opining that the death of victim was due to asphyxia as a result of throttling, which was antimortem and homicidal in nature. According to the chemical report no poison was found in her viscera. Under the circumstances..Category: Criminal Law | Date: | Hits: 114
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......r section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......the house before her death. P.W.14 Taslim Uddin, a local seizure list witness stated that the Investigating Officer seized one shari and prepared a seizure list. He proved the seizure list and his signature thereon. He also proved the shari as a material exhibit. But in contrary, he stated in cross-..Category: Criminal Law | Date: | Hits: 110
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......desh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......at on the garb of the order Annexure-D the respondent No.4 stopped the election and is not holding the election contrary to provision of Article 9B(3) and, as such, it is necessary by an order in the nature of mandamus to direct the respondents to hold the elecÂtion. 4. Mr. AF Hasan Arif along w..Category: Civil Law | Date: | Hits: 169
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