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Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ......d that PSTU is located in a place which is conducive to carry out the research program on animals.  In light of the fact that animal Husbandry is related to animal production, breeding, feeding, care 'and management of dairy and poultry, processing, preservation and marketing of livestock p..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......hy as set out in the Warrant of Precedence available in the passengers list in order to accommodate them with respect according to their hierarchy in the Warrant of Precedence. They should be taken care of in respect of upgrading their seats in accordance with their position and serial as describ..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......rocedure it is stated that Government having been made proforma defendant did not take proper attention to the summons which was served on the Govern­ment, as such, government did not take proper care and step in the proceeding of the suit. It is specific case of the Government that, &ldquo..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

.... was taken to Rajbari Hospital by some persons and on receiving the information about the occurrence, the informant went to the Rajbari Hospital and attended nursing of his younger brother, collected medical certificate from doctor and after knowing the details about the facts lodged the ejahar as s......fate of the case will not the improved by reexamining the witnesses. Moreover is practically quite impossible to have the witnesses long after 18 years of the institution the case. More­over we have carefully perused the evidence on record and found that the prosecution has totally failed to prove ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

.... 8. P.W.7 Dr. Padmo Mohan Sinha, who examined the victim at Moulvibazar hospital, stated that he found some bruises on her person. He described the said injuries to be simple in nature and proved the medical certificate and his signature thereon as exhibits 2 and 2/1 respectively. In cross-examinati......e nature. 16. Learned Judge of the Tribunal found the petitioner guilty of offence under section 10 (2) of the Ain, which provides punishment for attempting to murder on demand of dowry. We have carefully examined all other provisions of the Nari-o-Shishu Nirjatan Damon (Bishesh Bidhan) Ain, 19..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....llowing terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why direction should not be given upon the respondents to take necessary steps to ensure the better medical treatment of the patients in the government hospital and way a direction should not be give......oney may be utilized to employ more staff. Furthermore, the prospect of receiving a share of the user fees as a motivation for the hospital employees who, then, work more diligently. As such, healthcare in government hospitals improves due to distribution of user fees among the hospital employee..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......oals set forth in the Constitution are not possible without the active concerted and dynamic efforts made by the persons concerned with the justice dispen­sation system." 18.  On a careful scrutiny of the mandate of the Constitution as quoted above, and from the judg­ments ref..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

.... upper frontal was fractured with liniar fracture of left temporal right parietal bone. He opined the cause of death was due to shock and haemorrhage as a 'result of the head injury'. So, the medical evi­dence proved that the injury inflicted by the appellant was responsible to cause the......prisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Division to alter the conviction of the appellant The High Court Division is expected to be careful while exercising its power on the question of conversion of the conviction of any accused. S..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ......ecific word of the same nature as itself, it takes its meaning from that word, and is presumed to be restricted to the same genus as that word. No doubt that rule is one which has to be followed with care; but if not to follow it leads to absurd results, then it ought to be fol­lowed". ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......and other records do not disclose any negligence on the part of the accused-petitioner in their professional duties. On the contrary it is found that the accused-petitioner exercised due diligent and care while providing treatment to deceased-patient. 11. Mr. Islam insisted that in order to att..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)

....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......ontentions. 11. Heard the learned counsel for both sides at length and considered their submissions. We have gone through the petition, impugned order and the different Annexures to the petition carefully. At the very outset let us glean the relevant law on the issue. Section 3 (2) (iii) of the..

Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179

Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)

.... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......asis to the respondents about the development of the said Hotel project. But later when the petitioner was made known that about the cancellation of the said lease on 11.2.2008 most illegally by then caretaker government the petitioner immediately preferred arbitration proceeding as per the lease ag..

Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45

Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....asonable and discriminatory impugned letter, dated 05.09.11 and 26.09.11, issued by the Respondent no.8, intimating the refusal to pay the Hon’ble Judges of the Supreme Court of Bangladesh their medical bills for treatment (as of Annexure-D and D-1), should not be declared illegal and without ......titled to superior accommodation as against civil servants. Article 27 and 29 would certainly be flouted if the respondents continue harbouring their flippant attitude by providing special medical care to some and denying the same to other state functionaries. 23. The S.C Judges play sentie..

Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12

Golam Ahmed Vs. State, 2011, 40 CLC (HCD)

....appeal under section 28 of the Ain. 4. Mr. Rafiqul Islam Miah, the learned Advocate appearing on behalf of the accused-appel­lant makes his submission supporting the appeal. He submits that the medical report reveals that the age of the victim was 20 years. She was an adult woman and a consent......ssed. 6. We have given out anxious consideration on the above submissions of the learned Advocate for the accused-appellant and that of the learned Deputy Attorney-General for the respondent and carefully examined the FIR, charge sheet, medical report etc. The victim herself is the informa..

Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......the possessor was the thief. There may be many conceivable explanations when the accused person was in possession of stolen property. He might have been induced by the real thief inno­cently to take care of the stolen things; he might have been compelled to do so under a threat of violence; he migh..

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)

....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......r 1973 but he did not turn up on receipt of the said notice, this witness also testifies that he was informed about the setting-aside of the auction sale in the year 1974. Thereafter, he did not take care of the suit land. 46. During cross-examination this witness disclosed that he used to know..

Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7

State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)

.... 2006 seeks to impeach the impugned Judgment and order of con­viction and sentence on the three fold arguments: Firstly, there is absolutely no eye witness in the instant case. Secondly, there is no medical evidence in respect of the allegations made by the prosecu­tion. Thirdly there is no eviden......led against them and they are dis­charged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..

Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114

State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)

....ar Rahman took place due to cut of throat, haemorrhage and shock resulting from other injuries inflicted on his person which was ante-mortem and homicidal in nature. The defence did not challenge the medical evidence of the case. So, without any hesitation it can safely be said that Atiar Rahman was...... not sustainable in law. Thus he prays for rejection of reference and to allow the appeals and to acquit the condemned-prisoners and the absconding convict. 11. Now let the evidence on record be care­fully scrutinised and critically analysed for determination whether prosecution could prove..

Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8