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Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)

....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sum­marily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......The facts of the case are that informant OP 2 Md. Musa Gazi lodged FIR. at Bhederganj PS. On U.5.87 alleging that on 13.5.87 at the instance of accused petitioner Md. Anwar Hossain Maji, 22 ac­cused persons named in FIR along with about 100 others came to the village of Narsinghapur all on a sudden..

Category: Procedural Law | Date: | Hits: 127

Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)

....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......ors living outside the house are the only wit­nesses to come forward to support the story of the plaintiff. Plaintiff also evaded the pertinent question put by the defendant, that if any respectable person visited the said ailing Abdur Rahman Sikder while he was in death-bed. He, the plaintiff Abu ..

Category: Property Law | Date: | Hits: 152

Hafizuddin Vs. State, 1989, 18 CLC (HCD)

....­quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......ed Kofi­luddin dragged him to the west of his house. The victim further told them that when he was taken to the eastern side of his house he gave a cry. The informant further stated that the accused persons came to the place of occurrence after 2/3 minutes after their arrival. At that time the vict..

Category: Criminal Law | Date: | Hits: 92

Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)

....he satisfaction of the Deputy Commissioner, Dinajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......left hand of the victim. Amjad and accused-petitioner No.3 Asheque @ Md. Asheque Ali apart from his order, gave a ballam blow at the thigh and the abdomen of the said vic­tim, and some other accused-persons including ac­cused-petitioner No.2 Siddique and accused-petitioner No.4 Mokhtar gave lathi ..

Category: Criminal Law | Date: | Hits: 74

Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)

....mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......s as follows:— "10. (1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or de­volved. (2) The attachment of a decree pendi..

Category: Procedural Law | Date: | Hits: 107

Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)

....ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......f the deceased on which account the abatement took place. There are authorities to support the prop­osition that addition of parties is permissible in respect of the representatives and heirs of the person relating to whom the suit had abated pro­vided there are sufficient reasons to order that, i..

Category: Property Law | Date: | Hits: 98

Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)

....tance in this Rule, which is accordingly discharged, with­out any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......op­erty right of his own had been adversely affected in the process and a mere breach of a negative or a posi­tive duty imposed by a Statute would not by itself call for an injunction restraining a person from doing so, unless there existed some positive obligation in favour of the complaint. The ..

Category: Civil Law | Date: | Hits: 178

Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)

.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......t the Board slipped out of the orbit in denying to itself jurisdiction by erroneously holding that the petitioner’s appeal before it was not maintainable, because the appellant was not an aggrieved person under Section 20(2) of the Act, notwithstanding that the appellant’s case was that she is a..

Category: Others | Date: | Hits: 171

Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)

....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ulars. All of them were also exhaustively cross-examined, but disclosed nothing adverse. In addition P.W.5 stated that while she met the appellant at Gournadi hospital, did not find any injury on his person. 9. P.W.7 Dr. Nirmal Bodya, a village-doctor stated that on 17.1.1988 at about 11/11.30 p..

Category: Criminal Law | Date: | Hits: 125

Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)

....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 114

Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)

....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 85

Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)

....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... On 24.6.2001 i.e. date of occurrence he along with Constables Jane Alam (P.W.3), Aminul Huq (P.W.2), Md. Aminul Islam (P.W.5) was patrolling within Katakhali area at about 2.30 p.m., when they saw a person moving suspiciously towards Katakhali bridge. They challenged him and on search recovered 40 ..

Category: Criminal Law | Date: | Hits: 113

Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)

....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... her along with Lal Mahmud (P.W.8) and other witnesses to the Court for recording their evidence. 16. P.W.8 Lal Mahmud could not state as to how the victim died. He did not see any injuries on her person. At this stage he was also declared hostile. 17. P.Ws.9-12 and 15-17 were tendered by the ..

Category: Criminal Law | Date: | Hits: 110

Sahajahan and others Vs. State, 2012, 41 CLC (HCD)

....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s superior authority and requested for additional police force. On being reinforced with additional force, the police team had restored law and order at the polling centre, rescued one of the injured persons from the house of Selim Chowdhury, collected the names of the offenders from the local eye w..

Category: Criminal Law | Date: | Hits: 124

Noab Mia and another Vs. State, 2012, 41 CLC (HCD)

....nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......on, widow and brother-in-law respectively of the informant. P.Ws.4-5 Dr. Abdul Kader and Chand Badsha respectively were two local witnesses. All of them supported the prosecution case. As the accused persons were absconding, the prosecution witnesses were not cross-examined. After conclusion of tria..

Category: Limitation Law | Date: | Hits: 194

Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)

....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......l of a case within three hundred and sixty days from the date on which the case is received by him for trial. (2A) Notwithstanding anything contained in sub-section (1) or sub-section (2) where a person is accused in several cases and such cases are brought for trial before a Magistrate or a Cou..

Category: Procedural Law | Date: | Hits: 112

Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)

....f misconduct and the witnesses were exam­ined in his presence and he was given opportunity to cross-examine the witnesses bat he refused. Admit­tedly the respondent No.2 appeal in person before the Inquiry committee. The case of partiality had been disbelieved by the Labour Cotm itself. Hence said......ging that the employer-petitioner asked him to show cause against a charge of misconduct and the worker accordingly showed cause on 27.11.83 deny­ing the charge. Thereafter he was asked to appear in person before an enquiry committee on 12.11.83. Accordingly he appeared before the enquiry commit­t..

Category: Labour and Industrial Law | Date: | Hits: 160

Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......hemently challenged the maintainability of the writ application. Mr. AF Hasan Ariff submits that an application under Article 102 of the Constitution can be maintained for declaring any act done by a person performing function in connection with the affairs of the Republic or of a local authority. B..

Category: Civil Law | Date: | Hits: 169

KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)

.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......urn Ltd., 33 DLR (AD) 298; Janata Bank Vs. Messrs Ahmedia Garments, 40 DLR 72; Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited, 56 DLR 392. Lawyers Involved: Kazi Nazrul Islam (In person), Advocate - For the Appellant. Mahbubey Alam, Senior Advocate with Sk Reajul Hoque, Advoc..

Category: Civil Law | Date: | Hits: 212

Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)

....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......inst the petitioners are abuse of the process of the Court. 5. In the applications, the petitioners made statements that without using models, Lever Brothers televised advertisement with real life persons for the promotion of its product, which is an innovation, consciously launched in the market..

Category: Criminal Law | Date: | Hits: 126