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State Vs. Moslem, 2002, 31 CLC (HCD)
....house including the victim Salma. His stay in the house of PW 2 (first place of occurrence) is proved by PWs 1-3, 8‑11, 17, 20 and 23. His stay in the house of PW 2 and his intimacy with the family members are riot denied by defence. The first chain of circumstantial evidence is, thus, proved by o......lates that the witness must have some direct interest in having the accused somehow or the other connected for some animus or some other reasons. "Interestedness" has been defined by Supreme Court of Pakistan in the case of Nazir and others Vs. State, PLD 1962 (SC) 269 in the following words- "I......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....t the time of commission of the dacoity she look a look at the dacoits. At the T.I. parade she identified 5 dacoits. She came to know of the names of those five dacoits later on, but she does not remember their names at the time of giving evidence. At the T.I parade she also identified some articl......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..Category: Criminal Law | Date: | Hits: 49
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165....... Md. Mozammel Haque J Falu Mia & others.................Petitioners Vs. Safar Ali & others.............Opposite Parties Judgment March 24, 1988. Case Referred to- West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. Lawyers Involved: M.H. Khondoker, with AJ Mohamm......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189....... of Home Affairs, 28 DLR 48; PLD 1959 (Dacca) 774, AIR 1959 (SC) 179, AIR 1966 (SC) 740, AIR 1970 (SC) 852; Habiba Mahmud vs. Bangladesh and others 45 DLR (AD) 89; Golam Jilani vs. Government of West Pakistan 19 DLR (SC) 403, Abdul Baqui Beluch vs. Pakistan 20 DLR (SC) 249 and Government of West Pak......as a threat to the Government, as well as to the civil society. Apart from his other criminal and prejudicial activities, he established and maintained a Parallel Armed Force namely (Upazilla Special Army), while he was Upazilla Chairman, Kotalipara Upazilla, District Gopalgang) to execute his illeg..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......hat Khata, khasras, kanals etc, means, we could not ascertain. Nor we could ascertain the land law in Peshawar at the time. Unlike our land tenure, the land laws there, particularly, in the then West Pakistan was tilted a bit to big land holdings. Besides, unless the law for preemption in Peshawar i......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....Sadar Hospital by baby-taxi and the victim was admitted there, but Shamsu Sikder succumbed to his injuries at about 5‑00 PM. Further case of the prosecution is that the deceased Shamsu Sikder was a member of Village Defence Party and had dispute over the distribution of wheat amongst the distresse......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....hey are issued by a particular Ministry for a particular purpose i.e. for disaster management. As such they are not binding upon the respondent No.4, and, the latter is not bound to consult the local member of Parliament in convening meetings of Thana Parishad co ordination committee, other than tho......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..Category: Administrative Law | Date: | Hits: 462
Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)
....em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159...Category: Criminal Law | Date: | Hits: 120
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....aja, Sohrab, Taha, Aurango on the dock and said that accused Monir and Almas were absent. In cross-examination he admitted that the Daroga examined him 4/5 months after the occurrence. He could not remember whether he stated the name of babytaxi driver Monir to the Daroga. He denied the suggestion t......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....lf, the liability at all events is entirely that of the lawyers responsible for the drafting and the moving thereof in Court. 9. It is not only unfortunate but also regrettable that these two members of the Bar have so lowered themselves as to have attempted to win the appeal at any cost by ......at they are guilty and we find them guilty." 30. In similar situation as that of the instant case i.e. the lawyer being absent while the appeal was . taken up for hearing, the Supreme Court of Pakistan in the case of Asif Ali vs State in 25 DLR (SC) was of the opinion "while" the learned memb......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ....... 3, who has filed separate Affidavit-in-Opposition denying the material allegation in the Writ Petition. It has been stated therein that the original owner of the property was the Government of East Pakistan who leased it out to one Fauzdar Miah and the said Fouzdar Miah having left the house aband......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....ken against him within 7 days from the date of receipt of the said notice which was answered by the petitioner on 6-12-1993 denying all the allegations made therein. After receiving that reply a four-member inquiry committee headed by the Chief Engineer physically inquired into the work done from 8-...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... the section can only be held valid when the prosecution proves in addition to possession that the accused used the note or having reason to believe the same to be forged or counterfeit. It must be remembered that in course of daily interaction with various people a fake or counterfeit note may come...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
....strial Property, the mark Liberty for shoes which has been registered as a famous trade mark in some of the countries of the world, including India, deserves to be protected in Bangladesh, one of the members of the union, as well known Trade Mark and the registered mark being C-6724 in Class-25 is l......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..Category: Criminal Law | Date: | Hits: 29
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....ily Inqilab' on 17-8-2004, the petitioner applied for the post of Lecturer in Arabic after observing all necessary formalities. Having received an interview card, the petitioner appeared before the 4-member Selection Board. The petitioner was confident of getting the letter of appointment dated ...... Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR 398; Dr Matiur Rob being dead his heirs Shamsun Nahar and others, 42 DLR (AD) 126; Azizuddin Industries vs. Government of Pakistan, 18 DLR 92; Chief Controller of Imports and Exports vs Hussain Ali Shah A. Fazlani PLD 1960......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549....... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ome forward to support the prosecution story due to fear of reprisal or other causes. The criminals are using sophisticated awns, which arms are not given to the law enforcing agencies other than the Army. They are using obsolete arms, which are not comparable with those in the hands of criminals. A..Category: Criminal Law | Date: | Hits: 90
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....been sanctioned by any banking company, whether availed of or not, and includes- (i) In the case of a company or Corporation, its subsidiaries; (ii) In the case of a Hindu undivided family, any member thereof, or any firm in which such member is a partner; (iii) in the case of a firm any p......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....on 81(2) read with section 85(3) of the Companies Act for a direction to hold annual general meetings of the Company for the years from 1982 to 1997 by condoning the delay in holding such meetings. A member or a director of a Company can invoke the jurisdiction under section 81(2) of the High Court ......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...Category: Company Law | Date: | Hits: 222
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