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State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....uddin SP Case No. 3/3 dated 17‑1‑1997 was initiated. 5. The Investigating Officer visited the place of occurrence, held inquest on the body of the deceased and sent the dead body to morgue for post-mortem examination. The Investigating Officer prepared the sketch map of the place of occurre...... of Fazilutennessa from the house of her father. He also stated that he did not know when Fazilutennessa used to stay in her father's house and in her husband's house. 32. DW2 AKM Balu Mia was the member of Ward No. 3 of Kachia Union Parishad at the time of occurrence. In examination-in-chief, he......efali was given in to marriage to accused Saiful Islam about 10/11 years back and as he had no land to live in, he was to live at village Dalulpur in the house of Kamuluddin Howlader, Chairman, Tobgi Union Parishad. She gave birth to three children. Soon after the marriage, accused Saiful Islam used......was given in to marriage to accused Saiful Islam about 10/11 years back and as he had no land to live in, he was to live at village Dalulpur in the house of Kamuluddin Howlader, Chairman, Tobgi Union Parishad. She gave birth to three children. Soon after the marriage, accused Saiful Islam used to to..Category: Criminal Law | Date: | Hits: 84
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......PW7 also stated that she heard that the accused Billal Hossain Gazi killed his wife for dowry. She did not disclose as to the persons from whom she heard about killing of the victim for dowry. PW8, a member of the Union Parishad made inconsistent statement. He stated that somebody said accused Billa......d that she heard that the accused Billal Hossain Gazi killed his wife for dowry. She did not disclose as to the persons from whom she heard about killing of the victim for dowry. PW8, a member of the Union Parishad made inconsistent statement. He stated that somebody said accused Billal Hossain Gazi...... she heard that the accused Billal Hossain Gazi killed his wife for dowry. She did not disclose as to the persons from whom she heard about killing of the victim for dowry. PW8, a member of the Union Parishad made inconsistent statement. He stated that somebody said accused Billal Hossain Gazi kille..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......ent. He admitted that his residence was close to that of the informant. He stated that the salish took place over the incident one day after the occurrence. 14. PW4 Md. Amzad Hossain Prodhan was a member of the local Union Parishad at the relevant time. He stated that at about 10.00 PM on 2nd Bai......ght following 2nd Baishak, 1402 BS he came back home from the hat and learnt that Arzina Khatun was missing from the house. Thereafter they went out and searched for the victim and informed the local Union Parishad Chairman of the matter who advised them to make further search, he stated that at abo......llowing 2nd Baishak, 1402 BS he came back home from the hat and learnt that Arzina Khatun was missing from the house. Thereafter they went out and searched for the victim and informed the local Union Parishad Chairman of the matter who advised them to make further search, he stated that at about 12 ..Category: Criminal Law | Date: | Hits: 45
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....173 of the Code. The second stage of remand begins when the police cannot complete the investigation within 15 days. It is then that under section 344 of the Code, if the police apply to the Court to postpone the commencement of the proceeding, giving its reason for such prayer and the Court, after ...... These protections from power of arrest must be held to flow from Articles 21 and 22(1) and enforced strictly." VR Krishna Iyer J, in the case of Srimati Nandini Satpathy observed: "here we must remember, concerned as we are in expounding an aspect of the Constitution bearing on social defence an...... lapse of decades, it would be improper if we declare those provisions as unconstitutional without having a comprehensive revision of the entire Code. 53. In the case of Narmada Bachao Andolan Vs. Union of India, AIR 2000 SC 3751, similar views are expressed. The said views are approved in a rece......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......ing for declaration that election of the petitioner as Member of Ward No. 9 of Kholahati Union Parishad was illegal, null and void and for further declaration that the opposite party No.1 was elected member of the said Union Parishad alleging, inter alia, that the election of Kholahati Union Parisha......ituted Election Case No. 3 of 1998 in the court of the Election Tribunal, Gaibandha against the petitioner praying for declaration that election of the petitioner as Member of Ward No. 9 of Kholahati Union Parishad was illegal, null and void and for further declaration that the opposite party No.1 w...... Election Case No. 3 of 1998 in the court of the Election Tribunal, Gaibandha against the petitioner praying for declaration that election of the petitioner as Member of Ward No. 9 of Kholahati Union Parishad was illegal, null and void and for further declaration that the opposite party No.1 was ele..Category: Election Law | Date: | Hits: 79
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....y principle of interpreting or construing an Ordinance or Statute is to gather its true intention. The intention of Lawmakers is to be gathered from the whole of the Ordinance/Statute. Interpretation postulates the search for the true meaning of the Ordinance or Statute. Rule of reasonable construct......nstruing an Ordinance/Statute. There must be liberal interpretation and construction in favour of the persons for whose benefit an Ordinance/Statute had been promulgated/enacted. 33. It is to be remembered that it is within the province of Lawmakers to determine what is best for public and it is ......erdousi and PW7 Seraj Miah were tendered from prosecution. No cross-examination was administered to PW5 and 6. PW 6 was cross‑examined by defence. 14. PW8 Md Shamsul Alam was Chairman of Bharara Union Parishad. It is his testimony that Ratna Ram used to reside in the house of Dr. Anukul and son...... Chandra Achariya, Mina Rani and Rataii Kumar Achariya forcibly attempted to provide medicine for spontaneous abortion. Accused Dr. Anukul Chandra Achariya did not keep his promise. Bangladesh Mabila Parishad was, thereafter, approached. A decision had been reached wherein accused Dr. Anukul Chandra..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....and found injuries on their persons. He described the injury on the chest of Swat Alias grievous in nature. 8. PW 2 is the constable who escorted the dead body of Mobfer Talukder to the morgue for post mortem examination. 9. PW 3 Chandra Bhanu is the informant of the case and she is the wife o...... At about this time informant’s daughter Minara tried to intervene when accused Moti, Tofazzal, Jahangir, Haider and Jahanara assaulted her indiscriminately. On the cries of the informant and other members of the house, neighbouring persons rushed to scene and saw and heard about the occurrence. T......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...Category: Criminal Law | Date: | Hits: 52
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....w which is embodied in the maxim audit alteram partem. Whenever any person, or body of persons, the Supreme Court of Pakistan says in the Dhaka University Case, is empowered to take decision after ex post facto investigation into facts which would result in consequences affecting the person, propert......ny terms and conditions of the licence at any time nor even disturbed public peace in any manner and that on 21‑10‑2002 respondent No.5 i.e. Officer-in-Charge of Natore Police Station, along with members of the combined force raided his house without any search warrant and seized his .22 bore ri....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
.... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
......itioner’s Union on the grounds; (i) that the registration of the Union was obtained by fraud; (ii) by mis- representation of facts; that the petitioner committed unfair labour practice and that its membership fell below 30%.The said case was registered as IRO case No.49 of 1991.
4. The petition......ely.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
...... the result, the Rule is made absolute without however any order as to cost.
Let the lower Court records be sent down immediately.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 179.
..
Category: Labour and Industrial Law | Date: | Hits: 186
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....SI Amjad Hossain, visited the place of occurrence, prepared the sketch map with an index. He also conducted the inquest on the dead body of Jannati and thereafter sent the dead body to the morgue for post mortem examination. This witness, PW9 Amjad Hossain, also investigated into the case, recorded ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
....ion thereat. This power of attorney was executed before a Magistrate of the 1st Class at Tripura in India. Thereafter the attorney Md. Arab Ali produced the aforesaid power of attorney along with the postal envelope which contained it and prayed for permission of the Court to allow him to conduct th...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
.... and Secondary Education, Barisal (respondent No.5) directing to take necessary step for reinstatement of Md. Habibur Rahman (Dismissed), Head Master of Shaistabad Moazzem Hossain High School, to his post should not be declared without lawful authority and of no legal effect. The Rule has been disch......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..Category: Civil Law | Date: | Hits: 90
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......d a complaint case alleging that during subsistence of marriage between them, the opposite party No.1 married one Aklima Akhter alias Mukta for the 2nd time without taking permission of the Chairman, Union Parishad and without knowledge of the 1st wife-complainant and thereby committed an offence pu......mplaint case alleging that during subsistence of marriage between them, the opposite party No.1 married one Aklima Akhter alias Mukta for the 2nd time without taking permission of the Chairman, Union Parishad and without knowledge of the 1st wife-complainant and thereby committed an offence punishab..Category: Criminal Law | Date: | Hits: 39
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....de by the authorised agents of the public in course of official duty and respecting facts, which were of public interest or required to be recorded for the benefit or the community. A seizure list, a post mortem report, a confessional statement recorded under section 164 of the Cr.P.C. or any statem......vers of Navy have human bones, cement bags, clothes, ropes have been seized by preparing seizure lists Exhibits. 2, 3 and 7. He proves his signatures therein. 15. Dr. Syed Mahbub Hafiz (PW15) is a member of the Medical Board constituted for examination of the human bones, which have been recovere......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....40. In Bangladesh (State) Vs. Paran Chandra Baroi 1986 BCA (AD) 225 dead body of Nikhil Ranjan Baroi was found lying on the southern side of a river in a sugarcane field. In GD Entry with a police outpost there was no reference of any accused investigating officer immediately came to the place of oc...... Criminal Appeal No. 3040 of 2001. Judgment AK Badrul Huq J.- Bad blood and strained relationship which existed between two families living in same homestead resulted in extermination of eldest member and head of one family Ismail Kha. The consequent Judicial verdict of conviction for offence ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....Board of Revenue the organizational setup of the Collectorate of Customs, Customs House. Chittagong has been shown in lineal order wherein the organisational hierarchy has been maintained. That the post of Appraiser in that organisational hierarchy has been shown at Serial No. 16 and the post of I......5 of 1995) dismissed the appeal with the observations‑ “...................the appellants argument that by receiving the same scale of pay the Preventive Officer and Appraisers have become members of the same grade with effect from 26‑6‑1983 and therefore the Preventive Officers becam......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......nts Judgment December 10, 2002. Cases Referred To- Ahmadabad Urban Development Authority Vs. Sharad Kumar Jayanti Kumar Paswala, AIR 1992 SC 2038; Me Eldowney Vs. Fords, (1969) 3 WLR 179; Union of India Vs. Satyendra Nath, AIR 1955 (Cal) 581; Income tax Officer, Alleppey Vs. I MC Pon-noo......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....t contain any specific provision for Anticipatory Bail. By Ordinance XLIX of 1978, provision of Anticipatory Bail has been provided on insertion of section 497A in the Code. The inserted section 497A postulated that when any person had reason to believe that he might be arrested on an accusation of ......n‑law's house at the instigation of her father and instead of coming back to her father-in-law's house she as plaintiff instituted Other Class Suit No. 99 of 2001 against the petitioner and other members of the family before Assistant Judge, Second Court, Chittagong challenging Kabin Nama dated ......Notary Public, Chittagong on 27‑3‑2001 which was counter‑signed by Magistrate First Class, Chittagong on 27‑3‑2001. Thereafter, Kabin Nama was registered with Marriage Registrar. Shailakupa Union Police Station, Banskhali, Chittagong on 27‑3-2001. (b) Petitioner and informant starte......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...Category: Criminal Law | Date: | Hits: 79
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......it was earned by these organisations under BRAC have been kept with the capital of the respondent. Those were not spent for any other purpose. It has not been paid to any other organisation or to any member of the respondent. In such a situation this sub-rule 2(b) of sixth schedule of Part-A of the ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..Category: Fiscal/Taxation Law | Date: | Hits: 99
....irement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful authority and is of no legal effect and that the petitioner be not reinstated in his former post with all arrear salaries and other allowances as admissible to him in law.
2. The petitioner......epare unauthorised bills and to make payment thereof to some local contractors, who are terrorists and local reputed goondas. The said terrorists even threatened to kill the officers and their family members, if their illegal bills are not paid. To save the life of the petitioner and his family memb......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136...
Category: Employment/Service Law | Date: | Hits: 72
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