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Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....sp; It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctors and 16 years of age by the radiologist, rep...... the appellants case. Having considered all aspects of the matter we are satisfied that it will be fit and proper and in the best interest of the girl if she is released from custody and given to the care of her father, namely, the appellant. It is also necessary to see that the accused does not fee..Category: Criminal Law | Date: | Hits: 71
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......Appellate Division or High Court Division, the view of the learned Judges of the High Court Division have ever been accepted. This is altogether a new and novel approach. The learned Judge did not care to enter into the merit of the case and without entering into the merit of the case such; a ge..Category: Criminal Law | Date: | Hits: 69
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
....n invalid retirement on the ground of mental incapacity. On 15-10-89, he was released from his job. Thereafter on 15-8-90, he submitted an application for re- employment in the Bank supported by a medical certificate. A Medical Board was constituted which after examining him found him mentally a......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....e of the eye-witnesses got injuries in the occurrence. PWs 2 Wahab and PW 11 Somed got injuries in the nature of incised wounds and punctured wounds on their persons. PW 16 Dr Shafiuddin Sikder, a medical officer attached to Mitamoyee Health Center also examined these witnesses and found one in...... and Bichra and that the second motive (not object) of the prosecution is the dispute around the second marriage of Ahad, brother of PW 1. The learned Judges of the High Court Division did not even care to look into the charge which says— “Apnara poroshpor jogshajo she pun korer aki ..Category: Criminal Law | Date: | Hits: 80
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......ive to bring any matter, to the notice of the Chief Justice regarding Court’s performance and grievance, if any, entertained by it……..(10) iv) The prime minister should take more caution and care before giving out any fact and figure in respect of the performance of the highest judiciary me..Category: Others | Date: | Hits: 99
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....s were present at the Bank on the date of occurrence for business transaction and accused-petitioner Golam Rabbani was under the treatment of a doctor at the time of occurrence and in this regard a medical report was kept in the case diary by the police officer. The learned Judges of the High Cou......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..Category: Criminal Law | Date: | Hits: 66
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......me the absolute owner of the aforesaid property. It is the further case of the writ petitioner that she along with her husband Dr. Ansari left for England in March 1971 leaving the house under the care of one Abdul but subsequently the Government declared the suit property as abandoned property ..Category: Property Law | Date: | Hits: 64
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ...... the In. Committee on identification by the Committee and that Mr. Mustafizur Rahman stored those articles with some of his own belongings in the rented house where a family was allowed to live as care taker and a guard was posted there and that a Toyota jeep, belonging to the petitioner, was ha..Category: Constitutional Law | Date: | Hits: 170
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......ut was also violative of the constitutional scheme. Amalgamation is possible and permissible between allied services. Judicial service may be amalgamated with judicial magistrates pursuing a judicial career all the way. But as oil and water cannot mix, the judicial and civil administrative executive..Category: Constitutional Law | Date: | Hits: 829
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
.... The accused-respondent is on bail granted by the High Court Division. 7. The father of the victim girl filed an application on 4-1-98 for ascertaining the actual age of the girl by fresh medical examination and the learned Magistrate having allowed the said prayer by his order dated 22......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ...... Rule. In Police Regulation of 1943, Vol. 1 it has been provided that the identification proceedings should be undertaken as soon as possible after the arrest of the suspected person or persons and care should be taken that before the commencement of the proceedings the identifying witnesses are ..Category: Criminal Law | Date: | Hits: 92
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....stant Judge, 1st Court, Chittagong by judgment and order dated 29-10-92 on the ground that although the respondent could not prove that he was ill on the date of hearing and that he merely filed a medical certificate without examining the doctor who issued the certificate, yet his conduct althou......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ..Category: Procedural Law | Date: | Hits: 118
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nd then to assess the worth of the witnesses as a whole. Instead of considering the evidence of eye-witnesses, the High Court Division though it proper to dispose of the Appeal by referring to the medical evidence only and by observing upon a brief consideration of two PWs and holding thereupon ......sposing of appeals (also other matters) in a manner to which objection is being raised not only by the losing side but sometimes also by the winning party. Facts of the case sometimes are not even carefully stated, arguments are but little noticed and often the case is decided only upon a dogma ..Category: Criminal Law | Date: | Hits: 77
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
...... of wood in the border belt where the Saw Mills in question are situated. The submission of the learned Advocate he himself realised, is unworthy of consideration because the petitioners did not even care to appear in the High Court Division to put forward their reasons for taking the impugned actio..
Category: Others | Date: | Hits: 128
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ...... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ..Category: Criminal Law | Date: | Hits: 99
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... shall be granted for a period, of more than two years at a time (c) no extension shall be granted unless a certificate for physical and mental fitness is produced by the teacher from a registered medical practitioner approved by the Managing Committee. 11. Regulation 26 read with regulation 2...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....on, 1979. Reference-I was also made to Government’s order showing Shall Government contribution towards the salary of teachers and employees of non-government educational institutions and the medical allowance for the said teachers and employees were raised from 70% to 80% and from Taka 10......cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ..Category: Others | Date: | Hits: 85
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
.... in the material and cultural standard of living of the people, with a view to securing to its citizens the provision f the basic necessities of life, including food, clothing, shelter, education and medical care; the right to social security, that is to say, to public assistance in cases of undeser......ers will be mown down.” Elsewhere he speaks of the “burial of public parks,” of segments of a highway which “devour parkland,” and of the park’s heartland. Was he, at the end of his great career, on the verge of saying—just saying—“nature has ‘rights’ on its own account”? Wou..Category: Constitutional Law | Date: | Hits: 450
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