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State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....n right side of the umbilicus with exposed out omentum of 2"x 11/2". 4. One cutting injury on the back of the shoulder joint of 2" x 3/4" x 1" with cutting bone. 5. Wound on the right upper arm posterior aspect of 11/2" x 1/2" x 1/2". 6. Wound on the left upper scapula region of 1/2" x 1/2"......arm posterior aspect of 11/2" x 1/2" x 1/2". 6. Wound on the left upper scapula region of 1/2" x 1/2" x 1/4". Deep dissection done column wise. 28. Then upon the consensus of opinion of all the members of the Medical Board this P.W.9 opined as follows:- “Death was due to Cardio-respirator...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 98
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......ission is merely to be informed by the Returning Officer about adjournment of poll and repoll is to take place as a matter of routine work in & adjourned centre, but held that under Rule 29(2) of Union Parishad (Election) Rules,1983, The Election Commission will take the decision whether there a......hat the Chief Election Commissioner acted illegally in the exercise of jurisdiction vested in it refusing to order repolling at the disputed centre on the ground of deletion of Rule 68 of the Upazila Parishad (Election of Chairman) Rules, 1983, and directing for consolidation of results with the res..Category: Election Law | Date: | Hits: 177
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....rence, seized the alamats and also got recorded die statements of Moni Mia Shaikh, Akkas Mia and Relia Begum under section 164 of the CrPC by a Magistrate. Inquest report was prepared. Thereafter the post‑mortem report was also submitted by the doctor. Police after making investigation into the ca......ave been awarded death sentence in a murder case before this occurrence. P.W.1 along with some of the co‑accused have been sentenced to life imprisonment in a murder case involving 3 murders of the members of the accused party. 8. In the background of such criminal cases and counter cases, h......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....versant with the facts and circumstances of the case. It is the case of the petitioner that the detenu Lt. General (Retd) Hussain Mohammad Ershad joined Pakistan Army and was commissioned in 1952 and posted to the then East Bengal Regiment. He qualified from the Staff, College, Quetta and also quali...... who performed his responsibility of office sincerely. The Government it has now constituted an Enquiry Commission headed by a Judge of this Court to investigate into the charges, if any, against any member of the past Government and if any charges are found to be true, law will take its own course.......nt or explain. It has been stated in that ground that this utterance enraged the various groups, students community and political parties and created adverse effect on them and the All Party Students Union of the Dhaka University assembled near অপরাজেয় বাংলা and demanded tria......and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
....gineer in the year 1962, being appointed by the then erstwhile Government of East Pakistan on the recÂommendation of the then Provincial Public Service Commission. The petitioner was promoted to the post of Executive Engineer in the month of June, 1971 and in 1978 he was promoted to the next higher......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....ter giving his confessional statement accused Babul died before submission of the Charge Sheet. He recorded the statements of the witnesses U/S 161 of the Code of Criminal Procedure and collected the post mortem reports. After investigation, S.I. Mr. Abdus Samad submitted charge sheet No. 588 dated ......tor since 1990 A.D. He married Subrina Afroj Julie, daughter of Abdur Rashid of West Pike Para of Brahmonbaria on 21.9.2001 A.D. After marriage Akhter Hossain and his wife Julie used to live with the members of the family of Sirajul Islam, the elder brother of Akhter Hossain, but due to maladjustmen......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....r admits about receipt of notices. Moreover the case of the comÂplainant is that the legal notice under section 138(1)(b) of the Negotiable Instruments Act was issued on 12-4-2007 through registered post with AD. It is presumed as per the provision of law that the said notice has been duly served u...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..Category: Criminal Law | Date: | Hits: 94
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....le was issued calling upon the respondents to show cause why the impugned Memo No.F‑4(33) SanchanÂ-1/94/1410(9) dated 10‑9‑1994 issued by the respondent No.1 suspending the petitioner from the post of Sanchaya Officer under Rule 11 (1) of the Government Servants (Discipline and Appeal) Rules,......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...Category: Employment/Service Law | Date: | Hits: 147
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....all are admittedly interested witnesses. Apart from that they have adduced 2 letters but in support of that letters no material evidence has been adduced by the plaintiffs as because the same was not posted or delivered or by any admitted procedure. Regarding specific performance of oral conÂtract,......ts failed to prove their possession of the land. So, on the basis of the above inadmissible evidence, the appellate Court has decided the question of posÂsession against the defendants. It must be remembered that the criminal Courts finding of possession is not admissible in evidence in a civil sui......tiffs filed criminal case No.68 of 1993 under section 406 and 420 of Penal Code before the Magistrate Court, Mithapukur; that by the enquiry made by the learned Magistrate of the Magistrate Court the Union Parishad Chairman subÂmitted a report regarding their possession in the suit land; that in th......filed criminal case No.68 of 1993 under section 406 and 420 of Penal Code before the Magistrate Court, Mithapukur; that by the enquiry made by the learned Magistrate of the Magistrate Court the Union Parishad Chairman subÂmitted a report regarding their possession in the suit land; that in the mean..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......ving findings as to locus standi of the respective petitioner observed as under: "Locus standi was granted to the appellant even though he was not a resident of the southern half of South Berubari Union No.12 or adjacent enclaves involved in the Delhi Treaty because he had raised a constitutional......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....ted the dead body to the morgue for PM examination and report. P.W.15 SI Khakon Chandra Pal as part investigation officer prepared Map and Index (Exhibit 3 and 3A) and seizure list (Exhibit 4) during post investigation by him. P.W.16 OC Amarendra received written first information report (Exhibit 1)......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......bout to attack the Salishkars including Julfu Master. But at the intervention of others the intervention of others the other salishkars such as P.Ws.2‑6 went with P.W.8 Salamat Kha, Chairman of the Union Parishad to attend Salish in the house of said Salamat Kha. Said Salish was held at 10‑00 PM......o attack the Salishkars including Julfu Master. But at the intervention of others the intervention of others the other salishkars such as P.Ws.2‑6 went with P.W.8 Salamat Kha, Chairman of the Union Parishad to attend Salish in the house of said Salamat Kha. Said Salish was held at 10‑00 PM and t..Category: Criminal Law | Date: | Hits: 97
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....good behavior as per Articles 95 and 96 read with Article 147 of the Constitution. 6. The second point urged on behalf of the petitioner is that as the Respondent No.1 once held the Constitutional post of Chief Election Commissioner which is an office of profit in the service of the Republic and ......the appointment or when the appointment has been made by a person who has no authority to appoint. 3. At the very outset the petitioner very humbly and with all humility submitted that as a senior member of the Bar he shares with the other members of the Bar the traditional respect for the member......s Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III page 187 para 402 and para 408 page 191; Abrar Hossain Vs. Govt. of Pakistan and another, PLD 1976 (SC) 315; Union of India Vs. Sankalchand Nimatal Shoth and another, AIR 1977 (SC) 2328; SP Gupta and others Vs......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in:Â 50 DLR (HCD) (1998) 318. ......ner contends first, that Chetia is a freedom fighter for right of self-determination of the Assamese people and, as such, right has evolved as a principle of International Law which is binding on the member states of the United Nation to help people struggling for freedom and liberation. He next con......e VI of the Extradition Treaty has no manner of application to the facts of the instant case. Let us now examine the contention whether in absence of any extradition treaty between Bangladesh and the Union of India the Government can extradite Anup Chetia to India. In this regard relevant law is to ......tioner for seeking a relief invoking the Constitutional jurisdiction of the High Court Division under Article 102 of the Constitution. For example, standing was denied to the Bangladesh Sangbad Patra Parishad to represent its opulent members, namely, the newspaper owners who were directly affected b..Category: Constitutional Law | Date: | Hits: 421
....ial the provisions of LR manual have been followed in order to conduct the cases on behalf of the Government. Though it was compiled in the year 1960, yet before that even from the British Regime the posts of Government Pleaders and Public Prosecutors were there and they have been representing the G......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ue that Khondaker Moshtaque Ahmed after usurping power and Proclaiming Martial Law did not declare himself as Martial Law Administrator. Rather he declared himself as a President and by virtue of his post as President he performed his constitutional and statutory functions and at the same time he pe......n of Bangladesh was amended and the then Prime Minister Shaikh Mujibur Rahman became the President of Bangladesh. In the morning of 15th August, 1975 the President Shaikh Mujibr Rahman and his family members and some others were killed by a group of army people who committed a coup and these army pe......tolal, AIR 1952 (Bom) 16; Madhavan Pillai Vs. State of Kerala, AIR 1966 (Kera) 212; Chowdhury Mainuddin Vs. Deputy Director, Military Und and Cantonment, AIR 1956 (All.) 684; P. Jinardhana Shetty Vs. Union of India, AIR 1970 (Mysore) 171; Tikarao Vs. Hiralal, AIR 1940 (Pat.), 385 (FB); Blyth Vs. Bly......er, 41 DLR 484, a Division Bench of this Court (Mustafa Kamal and MA Chowdhury, JJ) observed that after withdrawal of Martial Law in November, 1986, the Ordinance in question (Local Government (Union Parishad) Ordinance, 1983), is to be read as an ordinary law and when it refers to any criminal offe..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rst informaÂtion report case, a proceeding should not be stifled without allowing proper investigation into the alleÂgation, save and except in a very rare type of cases which are found to be so preposterous that the alleÂgations if accepted to be true in its entirety, does not constitute any off......rk and submit police report as early as possible. Let a copy of the judgment and order be transÂmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......rk and submit police report as early as possible. Let a copy of the judgment and order be transÂmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......rk and submit police report as early as possible. Let a copy of the judgment and order be transÂmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....e Deula Union Parishad, Borhanuddin Upazila, Bhola, for last two consecutive terms and on 31‑12‑2002 he filed two nomination papers one on 23‑12‑2002 and the other on 31‑12‑2002 for the post of Chairman of Deula Union Parishad and that before submission of each nomination form he, by......ection Tribunal, wherefrom appeal lies only to the Supreme Court if leave is granted whereas in terms of section 26 of Ordinance 1983, for settlement of election dispute in respect of Chairman and members of Union Parishad, as in the present case, election petition is to be filed in the Court of......d is of no legal effect. 2. The case of the petitioner, as made out in the writ petition, is that he is a highly popular and respected leader in the locality and served as Chairman of the Deula Union Parishad, Borhanuddin Upazila, Bhola, for last two consecutive terms and on 31‑12‑2002 he......f no legal effect. 2. The case of the petitioner, as made out in the writ petition, is that he is a highly popular and respected leader in the locality and served as Chairman of the Deula Union Parishad, Borhanuddin Upazila, Bhola, for last two consecutive terms and on 31‑12‑2002 he filed..Category: Election Law | Date: | Hits: 211
....r misappropriation of Taka 54,31,355.55 and thereafter an interim co-Âopted committee was formed by the general members of the society and plaintiff along with 11 others have been elected in several posts of the society by the election held on 29‑11‑1997. But in order to interrupt the operation......‘1997 according to the provision of the Co‑operative Societies Ordinance, 1984 and the Rules made thereunder and the byÂlaws of the said society. The defendant Nos.1, 3, 5, 6 and 7 were elected as members of the executive committee of the society in the election held on 12-Â12‑1994 and they we......above the question arose whether a civil suit is maintainable over an election dispute for the determination of which a separate forum has been created by a special law, namely, the Local Government (Union Parishad) Ordinance, 1983. Analysing the relevant provision of the said Ordinance it was held ......the question arose whether a civil suit is maintainable over an election dispute for the determination of which a separate forum has been created by a special law, namely, the Local Government (Union Parishad) Ordinance, 1983. Analysing the relevant provision of the said Ordinance it was held that s..
Category: Procedural Law | Date: | Hits: 124
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....stance of 150/200 yards from the house of the deceased. P.W.5 lodged the first information report with PS Damuddya at 12‑15 PM on 16‑11‑90. On compilation of investigation and on receipt of the post‑mortem report, the two appellants and seven other persons were sent up for trial under sectio......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......stated that the petitioner Abul Kalam Azad filed a Dispute Case No.129 of 2003 for which this occurrence took place and there was a complication of that Dispute Case No.129 of 2003 that is why a four members board was formed and he could not remember the dates of hearing as on 31-3-2008, 9-4-2008, 1......tor, ACC, Sojeka, Barisal lodged the FIR and he filled up the FIR column which was exhibited as Exhibit No.6. He also cross-examined by the defence. 33. P.W. 14, Kalam Mawla, who was the Member of Union Parishad No.7 of Uzirpur thana stated in his deposition that on 6-7-2008 at 03-30 PM while he ......CC, Sojeka, Barisal lodged the FIR and he filled up the FIR column which was exhibited as Exhibit No.6. He also cross-examined by the defence. 33. P.W. 14, Kalam Mawla, who was the Member of Union Parishad No.7 of Uzirpur thana stated in his deposition that on 6-7-2008 at 03-30 PM while he was in..Category: Criminal Law | Date: | Hits: 142
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