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State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)

....tions. Contentions pressed has been countered from the side of State. 11. First Branch of contention advanced is that, Prosecution failed to prove rape and death followed from rape. No grievous injury was found in vital parts of body and no viscera report was called for to ascertain c......ence. In proof of guilt of Md. Awal Fakir foundation was built upon: a. Evidence of PW I Sub-Inspector of Police Md. Faruque Hossain. PW 1 held inquest on the dead body of Rehana Begum and found injury on left side of breast. He prepared Inquest Report and sent dead body to morgue for performin..

Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178

Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)

....; 15. In view of our discussions made hereinabove we find no merit in this appeal.  Accordingly the appeal is dismissed.  There is no order as to costs. Ed. ......s been shown in India and in the middle of 1992 plaintiffs came to know about the wrong preparation of finally published RS record and as because of the wrong entry in the record of rights serious injury to their right actually arising they are constrained to file the suit.  3. The s..

Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs.  Ed. This Case is also Reported in:  ......lowing an application of the respon­dent nos. 1-6 filed in the High Court Division for transposing them as the peti­tioners in the Civil Revision alleging that they will suffer irreparable loss and injury, if the rule was discharged for non-prosecu­tion. The High Court Division after hearing the ..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)

....s both seen and taken together would not bar the respondents to register the appellant's share.  In view of the above the appeal is allowed without any order as to costs. Ed. ......sion ("SEC") on 7‑1‑1994 and 22‑1‑1994, praying for appropriate directions to the Company, so as to preserve investors' confidence and prevent irreparable loss and injury to the appellant. The SEC, in turn, wrote to the Company but to no avail.  10. T..

Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286

Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)

.... substance in the petitions.  The two petitions are accordingly dismissed.  Ed. This Case is also Referred in: 56 DLR (AD) 81; 9 MLR (2004) (AD) 321. ...... mortem reports and the evidence there is clear sign of rape on the victim girl and that, according to the Medical Reports, her death was due to asphyxia as a result of throttling followed by head injury and she was raped. He, however, submits that there is no eye‑witness to prove the char..

Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

....se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ...... say section 20 (kha), forbidding any sponsor to get any student admitted or to run any University without any "Sanad" from the Government and thus the North Point University itself is liable for any injury sustained or loss incurred by it on its way to run the University prior to receiving any perm..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......d, it supplied inferior quality fabrics. It apprehends that if a decree is passed the money under the decree will be debited from the petitioner's account causing it to suffer irreparable loss and injury. Therefore, it is a necessary and proper party to be added. The application was opposed by t..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......es of US$ 1,000,000 equivalent to Taka 55,000,000 against trading loss, US$ 2,000,000 equivalent to Taka 110,000,000 for international market loss and US$ 5,000,000 equivalent to Taka 275,000,000 for injury to health causing mental agony and shortening of life expectancy, totaling in all Taka 440,00..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)

....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......ed by the trial Court in this case. 10. PW 1 the RMO of Rajbari Sadar Hospital deposed that he examined the victim on 11-12-1996. In cross-examination he admitted that he did not find any external injury on the body of the victim. 11. PW 2 the informant and the husband of the victim deposed th..

Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77

Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....s from other persons. She further stated that in the afternoon on the date of occurrence her son took bath and food and went to cut straw and tied the same. She added that she did not see mark of any grievous injury on the body of Shaymol. She further stated that in the following morning he tied the......her persons. She further stated that in the afternoon on the date of occurrence her son took bath and food and went to cut straw and tied the same. She added that she did not see mark of any grievous injury on the body of Shaymol. She further stated that in the following morning he tied the cattle w..

Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......ing the accused appellant and that the accused appellant attempted to kill the victim and that there being no medical certificate to substantiate the prosecution case as to the gravity of the alleged injury caused to the victim by the accused appellant, the Bishesh Adalat committed illegality in con..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)

....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside.  Ed. ......p; 5. Forgery has been defined in section 463 of the Penal Code which reads as:  "Whoever makes any false document or part of a document with intent to cause damage or injury, to the public or to any person or to support any claim or title, or to cause any person to..

Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90

State Vs. Harish, 2002, 31 CLC (HCD)

....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......ouse of the accused Harish and Harun are on the western side of his house and the accused Harish and Harun are his relations and there are dispute in respect of trees of the boundary. He saw swelling injury in both hips, left elbow, injury on the finger of the right hand and torn injury on the priva..

Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130.  ...... the petitioners have no locus standi. 42. Traditional interpretation given to locus standi is that judicial redress under Article 102 is available only to a person who has suffered a legal injury by reason of violation of his legal right by the impugned action of the State or a public a..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......ords or acts obstructing or tending to obstruct the administration of justice, and (2) contempt in procedure, consisting in disobedience of orders or other process of the Court resulting in a private injury. (xi) That criminal contempt is again sub-divided by Halsbury’s Laws of England in..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537.   ...... who is not personally aggrieved may also come if his heart bleeds for his less fortunate fellows for any wrong done by the Government. It is also settled that when an action concerns public wrong or injury or invasion on the fundamental rights of indeterminate number of people, any member of the pu..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)

....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ......rtem examination and identified it to the doctor. 21. PW 7 Dr. Md. Abdul Hannan Khan, RMO, Netrokona held post-mortem examination on the dead body of Asaruddin on 14-6-84 and found the following injury- 1. One incised cut throat wound 6”x2” bone cut i.e. 4th and 5th cervical ve..

Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

.... Bibi and the wife of the informant Rashida Khatun on 6-3-1993. The learned Additional Sessions Judge also framed charge against the condemned prisoner under section 326 of the Penal Code for causing grievous hurt to PW 2 Siraj Mondal, father of the informant, PW 3 Azufa Khatun, PW 4 Abdul Latif and......e hut where his father was saying his Magrib prayer on the plea of looking for a ‘Hukka’ and then he picked up a Dao and struck a Dao blow on the right hand of his father causing grievous injury. Thereafter the condemned prisoner came out of the room to the court-yard and the mother of t..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)

....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......n 439 of the Code of Criminal Procedure is a kind of Paternal and Supervisory Jurisdiction exercised to correct a miscarriage of justice arising from apparent harshness of treatment resulting in some injury and undeserved hardship to an individual. Revisional Jurisdiction of High Court division is i..

Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......hat thereafter at about 0830/0845 he, the informant, P.W. 3, P.W. 4, P.W. 9 and others went to the house of accused Babul and noticed that Babul’s house was burned and that found Taslima lying with injury in her mother-in-laws house; that Taslima was lying on a cot and that her body was covered by..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115