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State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
....ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....ushtia Sadar. He obtained leave from 1.7.76 to 3.7.76 on account of the illness of his father who along with his mother and his wife and children were at that time living at Magura Town. Enclosing medical certificates he applied for extension of leave till 8.7.76 as the condition of his alling ......plaintiffs case and stated that the plaintiff was removed from service on the charge of prolonged and continued absence from duties. He was directed to join his duties several times but he did not care. At last a show cause notice was issued after drawing up a proceeding against him. The notice ..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ...... for the appellants, submitted that the conviction of the appellants is based on the solitary testimony of one eye‑witness who is a boy of tender age and he being a child witness his evidence needs careful scrutiny by us. 7. For proper evaluation and appreciation of the material evidence on re..Category: Criminal Law | Date: | Hits: 49
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......shows that far from keeping the appellant in the dark, the appellant as Director of the Authority was interviewed and questioned by the Enquiry Committee which also considered the appellant's service career. The Committee found that the appellant was the Chairman of the "Samannya Parishad" which was..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......tion parties added yet a new demand namely, the ruling party must introduce a Bill in Parliament amending the Constitution to provide for holding at least three future parliamentary elections under a caretaker government; K. And Whereas to compel the ruling party to concede to their aforesaid de..Category: Constitutional Law | Date: | Hits: 248
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....me during which period he unsuccessfully filed applications for bail upto the Appellate Division. But at the last stage he filed another application for bail on the ground of illness supported by a medical certificate. This time his prayer for bail was not opposed by the Public Prosecutor and the......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......de and executed by and between the plaintiff as First Party and Defendant No.1 as Second Party on 21.8.94, of which paragraph 4 reads as follows: “(4) The parties hereto agree that the care and custody of the child will now belong to Second Party according to her rights under the la..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......ly to proceedings before the Family Courts. (2) The Oaths Act, 1873 (X of 1837) shall apply to all proceedings before the Family Courts.” 23. It may be noticed that the legislature has taken care to mention certain specific laws which shall not apply to proceedings before the Family Courts ..Category: Family Law | Date: | Hits: 198
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
....Taka 40.00 per month as “যাতায়াত ভাতা” to all workers of the Cinema Halls irrespective of their rank and status as a part of the fringe benefit along with the house rent and medical allowances, which has been accepted by the appellant by the impugned notification. Thus in t......allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ..Category: Labour and Industrial Law | Date: | Hits: 130
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ...... justice as were found to be applicable by the High Court Division in a case, as in the present, involving any action by the authority of an educational institution against the students put under its care and the decisions referred to by the High Court Division in that behalf. We have heard some arg..Category: Constitutional Law | Date: | Hits: 169
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....ation: "It is not a fact that the accused Lutfor Fakir was badly assaulted in order to extract a confession from him. It is not a fact that in order to hide this fact I had him medically examined. As I had found a scratch mark on the chest of the accused, I sent him for medi...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......atic that in estimating the weight to be attached to specific conduct in given circumstances, any reasonable explanation which favors the presumption of innocence must be considered with the same care as after explanations having the effect of implicating the accused in crime." ..Category: Criminal Law | Date: | Hits: 124
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......has discretion to prefer the earlier statement of a witness which has been transferred under section 288, Cr.P.C. to his later statement at the trial, that discretion must be exercised with great care, on a careful scrutiny of the two conflicting statements in relation to all other evidence ..Category: Criminal Law | Date: | Hits: 59
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....n these pleadings the matter was taken up by the learned Commissioner of Workmen's Compensation, Dacca. In the course of hearing, the appellant examined three witnesses and proved Ext. 1 which is a medical certificate. The respondent, however, refrained from examining any witness in the case but ......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 118
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....Non-examination of those material witnesses and non-production of their reports have not only prejudiced the accused but have also caused a failure of justice in the case. 11. It is true that the medical insanity and legal insanity are not the same thing. The legal insanity as contemplated in se......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....n the viscera of Jahiruddin. Endrine poison having been detected in the viscera by the chemical examiner (PW 1) the doctor (PW 2) opined that the death of Jahiruddin was due to endrine poison. The medical evidence supports the prosecution case that death of Jahiruddin was caused by administering......eas 3 of them have opined that accused Monglu alias Mukhlesur Rahman is also guilty under section 302 read with section 109 PPC while one assessor has opined that his case is doubtful. After very careful consideration of the evidence on record and the surrounding circumstances of the present..Category: Criminal Law | Date: | Hits: 76
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......s is proved to say things according as he is tutored and, therefore, be is not a dependable witness and he should not be relied upon for upholding the conviction and the sentence of death. We have carefully examined this criticism in its proper context and we do not find any substance in this co..Category: Criminal Law | Date: | Hits: 154
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