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Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)

....ant was found hanging from a tree; that the accused petitioner Md. Abed Ali registered an unnatural death case in respect of deceased Kayemuddin; that the dead body was sent to the local hospital for post mortem which reported that the father of the complainant was killed. 4. Thereafter the case ......d hostile. 17. P.W. Most. Omesa Bibi, P.W.6 Biraj and P.W.7 Md. Yeasin Ali were tendered by the prosecution and the defence declined to cross-examine them. 18. P.W.4 Abdul Hamid, union parishad member, a witness of the surathal report proved his signature in the surathal report, stated in his ......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 56

Sontai Miah Vs. State, 2011, 40 CLC (HCD)

....িভাবে জানি না। 14. P.W.2. constable Md. Abu Taher who brought the dead body to the morgue for autopsy. 15. P.W.3 Dr. Abu Ahmed Adilur Zaman Who held the autopsy and gave post mortem report after investigation upon the dead body, he proved the postmortem report in court....... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 50

Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)

....R. P.W.16 S.I. A. Samad Howlader investigated the case in part but since he was transferred, he could not conclude the investigation. 29. P.W. 17 Dr. Md. Shah Alam, who held autopsy and proved the post mortem report in court along with injury he found in the dead body. 35. P.W.18 S.I. Borhan R......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 52

Anti-Corruption Commi­ssion Vs. Shamima Begum & others, 2009, 38CLC (AD)

....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)

.... 28.5.80 in Writ Petition No.696 of 1978 refusing to interfere with an order of the Government in the Ministry of Fisheries and Live Stock appointing seven persons excluding the petitioner to certain posts. 2. The Ministry advertised in the News Paper inviting applications from suitable candidate...... was at that time holding the post of Assistant Research Officer, and got experience for 15 years in the Government Service. In due course, he along with many other candidates, appeared before a five member Selection Board headed by the Joint Secretary of the Ministry. The Selection Board did not fi......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ..

Category: Employment/Service Law | Date: | Hits: 126

State Vs. Md. Kaloo, 2003, 32 CLC (HCD)

....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...

Category: Criminal Law | Date: | Hits: 45

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....ed by the defence. 41. PW 19 SI Ali Akbar stated that he along with SI Gazi Rafiq Uddin (PW 36) carried the dead body of one of the Judges to the Jhalakati Morgue from Sadar Hospital Jhalakati for post mortem examination. He was not cross-examined. 42. PW 20 Md. Tarek is the owner of a motor p......Judge Jagannath Pandey (পাঁড়ে) and the other injured persons including the said Mamun to Barisal Medical College Hospital. The informant subsequently came to know that the said Mamun was a member of a terrorist group and that on the way to Barisal a live bomb was recovered from his person......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....rt might seem fit and proper. Both the jail appeal and the Rule have been heard together. 3. Prosecution case, in short, was that PW 1 Havilder Alamgir Kabir was attached to Sobhani Ghat police outpost on 8-4-2000. Being placed on patrol duty under DPCC No 120/2000 on the said date for the areas ...... Panel Advocate representing the undefended jail appellant, has submitted that the prosecution examined 5 witnesses in the case out of 10 witnesses cited in the charge-sheet. Of them PWs 1-3 were the members of the police party while 2 other PWs were the investigating officers, The public seizure li......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...

Category: Criminal Law | Date: | Hits: 63

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

.... investigation of this case, Shahid, co-accused Humayun Kabir alias Humayun (since dead) and condemned-prisoners Minu and Parvin made statements under section 164 of the Cr.P.C. These statements, the post mortem report, and other information revealed that condemned-prisoner Hasan hatched a conspirac...... the last part of September, 1998 and he again narrated and demonstrated the facts prior to, during and after, the occurrence. Shahid stated that on 5-4-1998 (during the absence of PW 2, his wife and members of the family) Hasan showed to Shahid the lay-out-of the room of Shajneen as Shahid generall...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..

Category: Criminal Law | Date: | Hits: 70

Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....ecord, that the allegations were false. After a long lapse of about two and half years, the petitioner has all on a sudden been issued the impugned order dated 25-4-2001 which was delivered to him by postal peon on 11-5-2001 (Annexure A). It has been contended that although the said order is shown t......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534......., 1984, 1987 and 1989 respectively. The petitioner filed an application on 6-10-1997 to the Ministry of Law, Justice and Parliamentary Affairs for appointment as the Nikah Registrar for No. 3, Raikot Union Parishad. The petitioner is the permanent resident of that Union. Mr. Monowar Hossain was acti......, 1987 and 1989 respectively. The petitioner filed an application on 6-10-1997 to the Ministry of Law, Justice and Parliamentary Affairs for appointment as the Nikah Registrar for No. 3, Raikot Union Parishad. The petitioner is the permanent resident of that Union. Mr. Monowar Hossain was acting as ..

Category: Employment/Service Law | Date: | Hits: 81

Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......, 137, 285; Untied Commercial Bank Ltd Vs. Commissioner of Taxes, 2002 BTD 73; Pfizer Laboratories (Bangladesh) Ltd Vs. Commissioner of Taxes, 2002 BTD 57; Commissioner of Taxes Vs. Mysore Commercial Union Ltd., ITR, 126, 340; Subramanian ITO and another Vs. Seimens India Ltd and another, ITR 156, 1......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..

Category: Fiscal/Taxation Law | Date: | Hits: 88

Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)

....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......signed in it. 13. In cross-examination, he stated that Abdus Sobhan is the Chairman of Delderpur Union Parishad who is the brother-in-law of the informant Mamunur Rashid and accused Mozahar is the member of said Union Parishad. He denied the suggestion that the accused were the party men of forme...... that of innocence and false implication out of enmity and there is no nexus between them and the alleged offence. The positive case of the defence is that Abdus Sobhan. Now Chairman of the Deklerpur Union Parishad is the brother-in-law of the informant whereas the appellants are the party men of th......of innocence and false implication out of enmity and there is no nexus between them and the alleged offence. The positive case of the defence is that Abdus Sobhan. Now Chairman of the Deklerpur Union Parishad is the brother-in-law of the informant whereas the appellants are the party men of the form..

Category: Criminal Law | Date: | Hits: 52

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....ing the letter of credit. PBL obtained acceptance of the plaintiff Gemini in all aforesaid five sets of shipping documents and sent its acceptance by its registered airmail letter dated 26‑6‑1993 posted on 27‑6‑1993. Gemini then by its letter dated 3‑7‑1993 notified PBL of certain discre......arments, 1989 BLD 46 = 40 DLR 72. (xxxvi) Ahmedia Garments Vs. Janata Bank and others, unreported, CP No. 70 of 1988 decided on 21‑6­-1988. 92. On the learned deliberations of senior members of the Bar, we shall have to first find the law to determine the rights and obligations of t......nformation Holding Ltd and another Vs. Gooryong (BD)Textile Ltd and others, 6 BLC 265; Gooryong (BD) Textile Ltd Vs. Chartkar Information Holding Ltd and others, 54 DLR (AD) 70; Zita Garments Ltd Vs. Union Bank Ltd, 55 DLR (AD) 56; Janata Bank Vs. Messrs Ahmedia Garments, 1989 BLD 46; Ahmedia Garmen......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..

Category: Business or Commercial Law | Date: | Hits: 290

AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)

....Rule was issued to show cause as to why the impugned order issued by the respondent No. 3 vide Letter No. 06.39 dated 02-10‑03 cancelling the order of appointment/promotion of the petitioner to the post of Marketing Manager (Current Charge) vide Officer Order dated 15‑4‑2003, evidenced by Anne...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ..

Category: Employment/Service Law | Date: | Hits: 66

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......s in distress, to the safety of the vessel or of its crew; or (c) rendering assistance to persons, ships or aircraft in danger or distress; or (d) obtaining emergency medical assistance for a member of the crew, or (e) for any other purpose recognized by international law. Sub-sectio......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......illment of the terms and conditions as laid down in the concerned provision of law. It is further contended that after receiving the review application by the respondent No.1 it was referred to the 3-member review committee on 11-1-2001. Thereafter, on the application of the petitioner company the N...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......radicts the case as made out in paragraph 11 of the plaint and PW 5 Fakruddin. 41. PW 4 Abdul Mannan came to prove a 'Chowkidari' tax receipt, exhibit 3 only. 42. PW 5 Fakruddin claimed to be a member of the Union Parishad. He said that there was a farm house in the suit land. Defendant No. 1 ......se as made out in paragraph 11 of the plaint and PW 5 Fakruddin. 41. PW 4 Abdul Mannan came to prove a 'Chowkidari' tax receipt, exhibit 3 only. 42. PW 5 Fakruddin claimed to be a member of the Union Parishad. He said that there was a farm house in the suit land. Defendant No. 1 cultivated the......made out in paragraph 11 of the plaint and PW 5 Fakruddin. 41. PW 4 Abdul Mannan came to prove a 'Chowkidari' tax receipt, exhibit 3 only. 42. PW 5 Fakruddin claimed to be a member of the Union Parishad. He said that there was a farm house in the suit land. Defendant No. 1 cultivated the suit ..

Category: Property Law | Date: | Hits: 79

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

....eople's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the declaration of the candidate of respondent No.6 Md. Mir Kashem alias Mir Kashem for the post of Member of Ward No.4 in the ensuing election, 2004 of No.4, Kaiyerbil Union Parishad, Kutubdi......ber if he is below 25 years of age. For proper appreciation, section 7 of the Ordnance, 1983 is quoted below which runs as follows: Section 7. Qualifications and disqualifications of Chairman and members of Union Parishad.-(1) A person shall, subject to the provisions of sub-section (2), be qual......ndents to show cause as to why the declaration of the candidate of respondent No.6 Md. Mir Kashem alias Mir Kashem for the post of Member of Ward No.4 in the ensuing election, 2004 of No.4, Kaiyerbil Union Parishad, Kutubdia, Cox's Bazar in violation of section 7(1) (b) of the Union Parishad Ordinan...... to show cause as to why the declaration of the candidate of respondent No.6 Md. Mir Kashem alias Mir Kashem for the post of Member of Ward No.4 in the ensuing election, 2004 of No.4, Kaiyerbil Union Parishad, Kutubdia, Cox's Bazar in violation of section 7(1) (b) of the Union Parishad Ordinance, 19..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....of Louis Kahn should not take precedence over the government's decision to build houses for the Speaker and the Deputy Speaker, which are meant for the use of the constitutional institutions of those posts and not for the individual persons. Finally, the respondent No.1 contended that the Town Impro......aving not been done, the construction cannot but be said to be illegal and without lawful authority. In our view, the government is no different, when constructing upon land under its control, from a member of the general public building on his own land. The idea behind the statutes regulating build......orks and others, 55 DLR 1; Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 53 DLR (AD) 79; Giasuddin Vs. Dhaka Municipal Corporation, 7997 BLD 577 = 49 DLR 199; MC Mehta Vs. Union of India (2000) 10 SCC 55; MC Mehta (Taj Trapezium Matter) Vs. Union of India (1997) 2 SCC. 35...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441...

Category: Environmental Law | Date: | Hits: 484

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ...... 28. DW 3 Dr. Abul Khayer, Assistant Surgeon of the Dhaka Central Jail Hospital deposed that on 13-7-1992 the accused was admitted in the Dhaka Central Jail Hospital wherein a board consisting three members namely, Civil Surgeon, Assistant Surgeon and another Medical Officer was constituted for his......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..

Category: Criminal Law | Date: | Hits: 70