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Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......itution and as such there is no necessity in law to report the opinion of this court back to the President. Mr. Khan while elaborating his submissions however points out that the authority could take care of the present problem and hold trial of the accused BDR personnel and others either by making ..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....rted in AIR 1956 SC 425 Supreme Court of India held as under:- "But the statement in the inquest report in not evidence by itself and it certainly cannot be pitted against the evidence of the medical witness given in Court." 14. We are in respectful agreement with the above view and we......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..Category: Business or Commercial Law | Date: | Hits: 178
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......te under Section 164 of the Code of Criminal Procedure was involuntary, untrue as well as exculpatory, untrue, before recording the same the petitioner was kept for reflection under the care of the peon of the learned Magistrate, who was admittedly and Armed Police Constable, and fur..Category: Criminal Law | Date: | Hits: 96
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..Category: Criminal Law | Date: | Hits: 50
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... see the minors twice in a week at the residence of the petitioner or at a place to be agreed upon between the parties. If any dispute (seeing the minors) arises in this regard it will be taken care of by the Family Court". 4. The High Court Division also directed the 5th ..Category: Family Law | Date: | Hits: 171
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....y for casual leave on 16.5.1993, 18.5.1993 to 20.5.1993 and 20.5.1993 to 30.5.1993 and thereafter he also prayed for earned leave from 6.6.1993 to 28.6.1993. While the respondent was enjoining his medical leave as per the advice of the doctor, the appellant No.2 by his letter dated 15.6.1993 inf......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..Category: Administrative Law | Date: | Hits: 159
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....r the land of P.W. ...............Khan and that the direct evidence given by the prosecution witnesses that deceased Amjad was struck with a "teta" was consistent with the evidence of the medical officer (P.W. 3) in these opinion the fatal injury found on the dead body of Amjad was cau......he fact that one set of witnesses said that Amjad was assaulted in the khal and another set of witnesses said that he was assaulted on the land of Yasin Khan, P.W.5 . If the evidence had been carefully examined no discrepancy would have been found. The direct evidences that being ..Category: Criminal Law | Date: | Hits: 44
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..Category: Criminal Law | Date: | Hits: 44
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ..Category: Criminal Law | Date: | Hits: 97
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ..Category: Criminal Law | Date: | Hits: 47
Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)
.... Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 427. ...... Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 427. ..Category: Family Law | Date: | Hits: 169
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
.... of Article 15 of the Constitution it is a fundamental responsibility of the State to provide to its citizen the basic necessities of life including food, clothing, shelter, education and medical care and in the instant case the above property being needed for the construction of the h......le 15 of the Constitution it is a fundamental responsibility of the State to provide to its citizen the basic necessities of life including food, clothing, shelter, education and medical care and in the instant case the above property being needed for the construction of the health res..Category: Property Law | Date: | Hits: 50
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
.... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..Category: Criminal Law | Date: | Hits: 38
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
.... again asked him to appear before the Medical Officer of the Mills or to join his duty by letter dated 26-10-80. Respondent No.2 did not do so. By another application dated 25-11-80 he applied for medical leave for one month from 26-11-80. By another application dated 25-12-80 he applied for one......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ......d therein till the last day of October, 1971. The deed of gift was acted upon. The writ petitioner left for U.K. in October, 1971 with her family members. Thereafter the case property was under the care and custody of the caretaker of the writ petitioner who paid all rents, taxes, electricity bi..Category: Property Law | Date: | Hits: 42
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....tnesses are closely related and some witnesses are not examined do not constitute sufficient ground for setting aside the conviction recorded by the trial Court on consideration of direct evidence, medical evidence an£ other circumstantial evidence. It appears from the evidence of P.W.s 1, ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..Category: Criminal Law | Date: | Hits: 47
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......the State and Mr. Khandaker Mahbub Hossain for the accused respondent. 7. There is no period of limitation for starting a criminal proceeding for bringing the criminals to justice. But care should be taken to start a criminal case within a reasonable period of time to avoid undue de..Category: Criminal Law | Date: | Hits: 58
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
.... his mother died and his younger brother also died in a serious accident. Due to several such family troubles he was attacked with serious diseases. On several occasions he had to avail of leave on medical ground for treatment and rest. Lastly on 10.12.89 he again fell ill and by sending a leave ......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ..Category: Employment/Service Law | Date: | Hits: 100
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
.... to the Bangladesh Embassy, Rome and requested the Vice-Chairman to arrange for payment of outstanding dues of USD 12,349.11 upto date pay and allowance, arrear pay, house rent, foreign allowance, medical and telephone bill, transfer grant and cost of transportation of personal effects. Thereaft......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
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