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Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......ohibit granting of bail under the provision referred to above……………………………. The Court's belief on the point has to rest on the accusations made in the report to the police, the nature and the credentials of the evidence which the prosecution proposes to lead in the case, and a..

Category: Criminal Law | Date: | Hits: 125

Siddique (Md) Vs. State, 1992, 31 CLC (HCD)

....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......nviction. The above view is taken in an appeal arising out of a case under section 457 of the Penal Code in respect of which no special law of limitation has been prescribed. In the case of the above nature where limitation has not been specifically prescribed and trial is held in absentia the prono..

Category: Criminal Law | Date: | Hits: 68

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......l Amin submits that the application filed before the Sessions Judge by the father of the girl seeking custody of his minor daughter was not an application under section 439A Cr.P.C. but it was in the nature of a miscellaneous case and as such was registered as Miscellaneous Case No.1064 of 1990 and ..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......ind no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......rade unions. The union must be composed of workers and workmen because it excluded persons employed in managerial or administrative capacity and those functions are of managerial and administerial in nature. 11. Under the definition clause of the IRO worker and a workman mean any person not falli..

Category: Labour and Industrial Law | Date: | Hits: 204

State Vs. Dipu Mondal, 2010, 39 CLC (AD)

.... a, District-Rajbari in connection with the case and to admit him on bail to his satis­faction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......ase and to admit him on bail to his satis­faction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......th. He went to the place of occurrence, held inquest on the dead body, sent the death body to the morgue and after receipt of the postmortem report, it was ascertained that the death was homicidal in nature and accordingly he lodged an FIR against the victim's husband Dipu Mondal. 4. Accused resp..

Category: Procedural Law | Date: | Hits: 81

Firoz Ali and others Vs. State, 2010, 39 CLC (AD)

....­eration. Leave is, therefore, granted on the addi­tional grounds. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264....... the addi­tional grounds. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......of Dr. Momin (P.W.12), who opined that "the death was due to the complications of the above noted injuries" which proved that the injuries were not sufficient to cause death in the ordinary course of nature. The learned Counsel further contended that in order to bring an offence within the mis­chie..

Category: Criminal Law | Date: | Hits: 71

Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)

....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......re, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......ls on record, that the order was made on being influenced by the decision of the government, that the materials on record disclose, prima facie, offence against the petitioners and that a case of the nature cannot be withdrawn only because the petitioners are the political activist of a particular p..

Category: Criminal Law | Date: | Hits: 81

State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)

....chua, District-Bagerhat in con­nection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......f the informant, inas­much as, the medical evidence clearly proves that the victim has died "due to hemorrhage and shock resulted from above mentioned injuries which was ante-mortem and homicidal in nature". The learned Deputy Attorney General also argued that the High Court Division erred in law i..

Category: Criminal Law | Date: | Hits: 71

Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)

....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ...... no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......e promptly filed an application for restoration and that not having been accepted I hold that the impugned order caused substantial injustice. It is further observed4that for the fault of the present nature of a lawyer a litigant shall not suffer. In that view of the matter I set aside the order ..

Category: Procedural Law | Date: | Hits: 104

Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)

....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ...... the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......o execute any guarantee form as proprietor of M/s. Popular Dying and Printing Works in 1980 in respect of the import of Md. Abdul Hussain. It is apprehended that the blank guarantee forms with the signature of plaintiff lying with the said Amir Market branch of defendant No. 1 bank might have been u..

Category: Civil Law | Date: | Hits: 83

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......able materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......ful authority or in an unlawful manner" MH Rahman, J while agreeing with the views in the relevant portion of his judgment held thus: "The only point that calls for determination in a case of this nature is whether at the time of hearing of the petition there is a valid order of detention before ..

Category: Criminal Law | Date: | Hits: 98

Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)

....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......cused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......by Sawpna before her death to support its plea that it was a case of suicide and not murder. The doctor who bold post mortem examination was persuaded to give his opinion on the death as homicidal in nature after exchange of several letters between the doctor and the investigating officer with a mot..

Category: Criminal Law | Date: | Hits: 116

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md...... the case is the lease deed a copy of which has been marked Ext. 1 as produced by the plaintiff and Ext. 'C' as produced by the defendant. The said lease deed dated 21.3.68 contains 32 clauses in the nature of terms and conditions for the guidance of the respective parties in the deed. Out of them c..

Category: Property Law | Date: | Hits: 87

Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)

....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ...... hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ..

Category: Employment/Service Law | Date: | Hits: 58

Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)

....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......ty in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ...... Tk. 10,59,889.05/- on 31st December, 2001 and informed the writ respondent No.2 that unpaid excess money will be returned to the DESA in due course, that the DESA at its level investigated about the nature of the land through Engineering University and from the report of Engineering University it w..

Category: Property Law | Date: | Hits: 80

Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)

....red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......l be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......nordinate and exceptional. Though the learned Advocate is unable to lay his hand on any case where such an inordinate delay has been condoned earlier this case appears to us to be of very exceptional nature, an old woman of 80 years is involved and hence we are inclined to exercise the jurisdiction ..

Category: Procedural Law | Date: | Hits: 112

Farid Karim Vs. State, 1992, 21 CLC (HCD)

....rned Advocate for the appellant then pointed out that the statement made by the condemned prisoner is not wholly inculpatory. It contains statements which are partly inculpatory but some portions are exculpatory. Then the question arises whether the confession which is partly inculpatory and partly ......municated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ...... muscle found lacerated, mouth congested but intact. Stomach full of rice but normal. Liver, spleen normal. The cause of death in his opinion was stranguilation which was ante mortem and homicidal in nature". 9. The question, therefore, arises as to whether appear No.765 of 1987. An appeal was a..

Category: Criminal Law | Date: | Hits: 84

Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)

....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......lled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......rice and curry semi digested. Other organs were found congested. Death in my opinion was due to shock and heamorrhage as a result of the above noted injuries which were antemortem and homicidal in nature." 12. Thus it is evident from the evidence of PW 2 doctor Devbrata Chakravarty and other m..

Category: Criminal Law | Date: | Hits: 67

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ...... once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......igious or denominational institution to persons of that religion or denomination; (c) reserving for members of one sex any class of employment or office on the ground that it is considered by its nature to be unsuited to members of the opposite sex. 31. To enjoy the protection of the law, and..

Category: Constitutional Law | Date: | Hits: 145

Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)

.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......ffice is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......sheet accusing the accused. 13. P.W.12 Dr. Arun Chandra Mondal, deposed that he examined the victim Pushpa Rani Barai and found nine classes of injuries. He opined that the hurts were grievous in nature. 14. These are all, the evidence on record adduced by the prosecution in support of the ch..

Category: Criminal Law | Date: | Hits: 74