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

....b blast. Moreover PW 4 Pallabi Mukharjee the wife of deceased Judge Pandey, PW 16 Sabir Hossain and PW 1 7 Jobair, being the two brothers and owners of the neighbouring shop, PWs 1R and 20, being two local residents, testified that they had gone to the place of the bomb blast immediately after the b...... residence, there was a terrible sound of a bomb blast. Mannan found his vehicle broken to pieces, Judge Sohel Ahmed hanging with a part of the broken microbus and his both legs were severed from the body, and Jagannath Pandey (পাঁড়ে) lying on the ground with serious injuries beside the mi..

Category: Criminal Law | Date: | Hits: 224

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

....s of cartridges from the other bag. A seizure list of the said articles was prepared by PW 1 Havilder Alamgir Kabir, Thereafter. PW I produced the jail appellant along with the seized articles to the local police station and lodged a first information report. PWs 1-3 have fully corroborated the firs......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

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......am. 10. PW 6 Dr. Sanjoy Kumar Paul deposed that on 16-12-98 he was posted as Medical Officer in Sadar Hospital, Lakshmipur and on that day (16-12-98) constable No. 10 Faridul Alam brought the dead body of Abdul Khaleque, aged about 35 years, to him in connection with Lakshmipur Police Station Cas..

Category: Criminal Law | Date: | Hits: 91

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

.... 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. ...... the PO house were in the custody of condemned-prisoner Hasan and Badal for last 2/3 months for the purpose of renovation work. He has also stated that accused Shajneen had no mobile phone and that nobody complained to him about the security light in the night of occurrence. PW 2 admitted that he ha..

Category: Criminal Law | Date: | Hits: 70

Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)

....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......, on 8-4-1920 vide kabala deed No. 1404, and that Rupsha Fakir transferred 91.50 decimals of land to defendant No. 19 by a kabala dated 23-7- 1937 and the facts of auction purchase was written in the body of the said kabala deed. It is further submitted that the learned trial Court legally and right..

Category: Property Law | Date: | Hits: 70

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

....nowar Hossain was acting as the Nikah Registrar for the said Union along with five other unions at the relevant time. The application for appointment was recommended by the respectable persons of the locality and the government eventually gave approval to his appointment as Nikah Registrar and he wa......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...

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

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

....o their office to discuss the production planning but the discussion could not be completed on that day and he said he would come back on 3‑7‑1993 but he did not turn up. He then telephoned their local office at Banani and he was told by local staff that all the Korean people had secretly left. ......delivery. 22. In cross-examination, he testified that he was working as managing director of Gemini for more than ten years. He was more or less acquainted with letter of credit matter. In the body of the letter of credit, third defendant KEB was not mentioned but the documents were negotiate..

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

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......icient to hold that the plaintiffs could establish their title to the suit land as the same is not a document of transfer; that the writ statement filed by the defen­dant No.25 was not proved by any body as such, the statement allegedly therein do not deserve to be considered by any Court of law bu..

Category: Property Law | Date: | Hits: 74

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ...... one Nasim for and on behalf of the writ petitioners. Non-disclosure of the identity of the executor of the Power of Attorney with the deletions and interpolations of dates in different places of the body of the deed said to have been special power of attorney without any date of issuance of the sta..

Category: Business or Commercial Law | Date: | Hits: 251

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

....s the government to frame Rules to regulate the transit by land or water of timbers or other forest produces, and, in particular, such Rules apply absolutely or subject to conditions within specified local limits, the establishment of wood-based industries including saw-mills, sawpits, furniture mar......7 and 31 of the Constitution. Article 27 envisages equality before law whereas Article 31 guarantees protection of law and, in particular; it prohibits detrimental action in respect of life, liberty, body, reputation or property except in accordance with law. Special provisions have been made in res..

Category: Environmental Law | Date: | Hits: 551

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

.... In 1394 BS, the suit land was given to defendant No. 1 for 'Borga' cultivation. When defendant No. 1 refused to give 'Borga' share to the plaintiffs, they started CR Case being No. 17 of 1988 in the local Upazila Magistrate Court. During the prosecution of the case, defendant No. 1 declared that he......esence. But, in cross, he said that he was a moharar of Advocate Aftab Miah, Ismail Miah and Bimal Krishna Sen. At the time of deposition he gave up the work. He went to Barishal for his own works, nobody took him to Barishal. At the request of Ishaque Ali, he became a witness to the deed. But more ..

Category: Property Law | Date: | Hits: 79

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

.... state that character of land use specified in the layout plans, viz. open space, park, school, lake, etc., which are meant for the benefit of the community, cannot be changed to the detriment of the local inhabitants, as such change would not amount to improvement. In those cases also the public au......rotect the environment. 25. We have also considered the submissions of Mr. Alam for the petitioners and Mr. Kamal for the respondent in this regard. It appears that petitioner No.1 is a legitimate body engaged in the protection of the environment and petitioner No.2 is interested, inter alia, in ..

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. ......t "গ/১'. He further stated that the accused was always suffering from mental disorder. On such symptom, on 14-12-1991 he was admitted into the CMH. At the time of his examination he found foreign body in the frontal brain after CT SCAN and to that effect he took advice of Lt. Col. Md. Nuruzzaman..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......rators will consider all aspects of the case. 10. For the reasons stated we find that this Writ petition is not maintainable. In the result, the Rule is discharged with the observation made in the body of the judgment that the petitioners can still vindicate their grievance through arbitration as..

Category: Business or Commercial Law | Date: | Hits: 186

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

....m, the informant broke the door and came out of the house and went to the house of Advocate Lala. At the time of fleeing away, 2 (two) accused persons namely, Mosaed and Alam, were apprehended by the local people who were given public beating and on their information police came to the place of occu......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..

Category: Criminal Law | Date: | Hits: 65

Jalaluddin Vs. State, 2006, 35 CLC (HCD)

....f 2000 was recorded and the same was investigated by ASI Nurul Islam. After his transfer, the investigation of the UD Case was endorsed to him. He visited the place of occurrence and interrogated the locals. Prior to the occurrence accused took the deceased at his father-in-law's house at Niguari. A...... plea of pleasure trip and caused miscarriage without her consent resulting in her death by excessive bleeding on 8-7-2000 at 2-00 PM at the house of accused. Thereafter, the accused shifted the dead body to his father-in-law's house at village Niguari. Having heard of the incident PW 2 Rafiqul Isla..

Category: Criminal Law | Date: | Hits: 55

Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)

....mortem & natural" 16. The medical board did not mention that the accumulation of pus in the thorax was due to infection in the lung as a result of any injury, rather they found "lung abscess" i.e. localised collection of pus in a cavity formed by disintegration of tissues. The expression "pyothor......ধ করিয়াছেন।” 3. Appellant pleaded not guilty to the charge and claimed to defend the charge. Md. Sajjadur Rahman (PW 1), a constable and formal witness, who carried the dead body of Amina Khatun to the morgue for post mortem examination, was examined on 10 7-2001. The learn..

Category: Criminal Law | Date: | Hits: 51

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

..... He further stated that he heard that Nurul Islam took part in shooting at BUET and that a girl student, namely, Sony, died. In cross-examination, he stated that accused Nurul Islam was a man of his locality and that he did not know if the father's name of Dablu was late Abdul Karim. He did not kno...... that Sony met with an accident and told him to go to the hospital. Five minutes later, the Director, Student Welfare of BUET, gave him similar information. He went to the hospital and found the dead body of his daughter in a stature. He saw serious commotion among the students who raised the slogan..

Category: Criminal Law | Date: | Hits: 236

Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)

.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......Bibi was lying on the bed with his neighbor deceased Ansar Ali and they were engaged in sexual intercourse. Thereafter, the accused attacked the deceased with the knife and dealt several blows on the body of the deceased causing several incised wounds, which ultimately resulted in death of the decea..

Category: Criminal Law | Date: | Hits: 93

Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)

....he case of Sunil Kumar Das reported in 57 DLR 93 for the proposition that the world has become a small one for all practical purposes and one should not strictly adhere to the traditional concepts of local market, there being free movement of the commodities and capitals and the respondents having b......8 and the above registrations have been renewed and they all are in force. By virtue of the said status of the said trade mark, the opponent has become the absolute owner of the said trade mark and nobody else in Bangladesh has any right to use the said trade mark or any mark or marks similar or ide..

Category: Intellectual Property Law | Date: | Hits: 189