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Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ...... the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ...... that large number of incised injuries were inflicted on the deceased by a sword and the accused absconded for a number of years; their Lordships observed that although the assault was brutal in nature, the fact remains that the prosecution did not prove the motive for the assault and killing. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ......le is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ...... standi to file contempt petition as they were not the writ petitioners and were the added respondents in Writ Petition No. 3968 of 2002 inasmuch as they have filed this contempt petition in the nature of an application to enforce the judgment against real writ petitioners, who are true benefic..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......ereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ...... writ petitioners was communicated to them by the Director General of Health Directorate vide its Memo No.Sha:Adhi:/ Ho:De:/97/Niyog /65/80/1(11) dated 22-2-1999 (Annexure-A series) under the signature of the Director of the Homeo and Indigenious Treatment on behalf of the Director General (DG)..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......ls are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ...... it further appears that the Board considered the fact that earlier in its 43rd meeting, decision was taken to reinstate 23 other employees as per directions of the Court given in the case of similar nature and they were given their arrear salaries and other service benefits. In this regard, it is v..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......d. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ......eans improper behaviour, intentional wrongdoing or deliberate violation of a rule of standard of behaviour. It may mean delinquency in its performance of duty and its effect on the discipline and the nature of duty. In other words it means improper and wrong behaviour which is willful in character. ..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......tant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......pection, for the reasons stated above, commands made through Rule 10 are directory only. That, however, will not stand against the petitioner as we are in consensus with Mr. Islam as to the mandatory nature of the provisions in Rule 7(5). 38. As such, we find no reason to accede to Mr. Khan&rs..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......e Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......ugh prima facie gives impression of being of mandatory character, it requires to be considered in the light of the intention of the legislature by carefully attending to the scope of the statute, its nature and design and the consequences that would follow from the construction thereof one way or th..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......The State.…………………………..............Respondent Judgment November 26, 2012. Result: The Jail Petition is dismissed. Cases Referred to- State Vs. Tasiruddin, 13 DLR 203; Nalu Vs. State reported in 1 Apex Law Report’s (AD) 222. Lawyers Involved: ...... the P.C.P.R. (previous conviction and previous record) do not disclose any previous criminal activity of the condemned petitioner which tends to show that his character is not inherently criminal in nature. We keep in mind also the fact that admittedly enmity and grudge had developed between the co..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ...... not the hundreds. In the context, the High Court Division rightly entertained the writ petition. 30. However, we make it very clear that in entertaining an application under article 102 of this nature, the High Court Division shall have to be extremely cautious and see that the process of admi..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......udgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......ry was found." 53. In the opinion of Dr. Md. Mizanur Rahman, the death of the victim Nasima was due to shock and hemorrhage as a result of cut throat which were ante-mortem and homicidal in nature. 54. The prosecution, it transpires, has essentially relied upon the confessional statem..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....te, he made another confessional statement. This latter statement cannot be taken as a confessional statement in the eye of law in presence of earlier statement and secondly, this statement is exculpatory in nature. Therefore, this statement cannot be taken as the basis for the conviction of......or our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ...... life with fine and Belal under section 201 of the Penal Code and sentenced him to 5(five) years rigorous imprisonment. He held that though Belal's first confessional statement is inculpatory in nature, the same did not tally with the injuries found on the person of the victim; that in his sec..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....first confession and then makes another confession, the latter statement cannot be taken as a confessional statement in the eye of law in presence of earlier statement and because the statement is exculpatory in nature. This second statement cannot be taken as the basis for the conviction. The t......ich calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135....... without corroboration.……………………(5) Before discarding any confession, the trial court needs to consider the ground that the confession was not voluntary or it was inculpatory in nature. If any accused fails to retract his first confession and then makes another confession, the..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ccordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ler International, (8) Uttara Bank Limited and (9) Aftab Bahumukhi Firm Limited. 5. Engineer Shamsul Kabir Humayun Reza of Bara Mogbazar applied to RAJUK on 30-1-2001 to change the character and nature of the suit plot from residential to commercial plot. RAJUK by its letter dated 14-8-2001 ask..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......ed to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......he prosecution materials. Under the circumstances, the prosecution should not be debarred from proving the allegation of abetment by evidence which may be oral, documentary and circumstantial in nature. 26. In order to come to a decision in this Rule, we may recapitulate sections 107 and 1..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the case in accordance with law and it shall be at liberty to consider the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......der the submission of the learned advocate Mr. Manzill Murshid as discussed above. Ed. This Case is also Reported in: ......ode upon receiving an F.I.R. from the victim on 21.10.2012. It is his contention that from a plain reading of the said F.I.R the offence, committed by respondent Nos. 4-8, appears to be heinous in nature and, therefore, respondent No. 4 ought to have registered the case under the relevant provis..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......e the Magistrate for recording their statements under Section 164 of the Code and after his transfer he handed over the case diary to the Officer-in-Charge. He proved the inquest (Exhbt.1) and his signature on it (Exhbt.1/1). He recorded the FIR (Exhbt.2) and his signature on it (Exhbt.2/1). In..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......quot; with reference to a superior Court, means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other charges of a like nature or in respect of a fine or other pe..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......d a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......nd other constrains for submitting statement of property. So the para 44 of the cited decision bears a mere persuasive value in all other cases and it may only be applicable to suitable cases of like nature. It is not acceptable Contention that impugned proceeding where 18 days were allowed is barre..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......d. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......hat on 4-4-2007 at 1-30 AM he was in duty Officer at Gulshan PS; at that time SI Roushan Ali lodged the FIR and he recorded the same and filled up its form. He proved the same as Exhibit 1 and his signature on it 1/1. He proved the FIR as Exhibit 2 and his signature on it 2/1. 20. In cross-exam..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......th a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......e victim. In her exarnination-in-chief she narrated the FIR case of the prosecution in material particulars. We need not repeat the same here. She proved the FIR lodged by her as Exhibit I and her signature thereon as Exhibit 1/1. In cross-examination she stated that she was married after to the occ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
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