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Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

....e learned Magistrate, First Class, Nawabganj in CR case No.39 of 1993 convicting the petitioner under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and sentencing him thereunder to suffer simple imprisonment for 5(five) months. 2. The short facts relevant for the disposal of this re......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718.   ..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

..... For an adult lady Taka 800 was not sufficient for maintenance even in June, 2000. The learned District Judge did not consider the existing price level and the requirement of an individual to lead a simple life, and with comfort and Taka 800 was not sufficient. 11. Having considered the facts an......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513.   ...... respectively. Kazi Mahbubuddin Ahmed for the time being shall be pictured as Mahbubuddin. 3. Doctor Pronab Kumar Chakravorty (P.W.12) performed autopsy on cadaver of Nilufar. He found following injuries: ১। গলার প্রায় সমস্ত সম্মুখ জুড়ি..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Hamida Begum Vs. Mosharef Hossein Sikder and others, 2005, 34 CLC (HCD)

....e disposed of within 3 months from the date of receipt of this order. 8. Send down the lower court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 94. ...... judgment passed by the Magistrate, 2nd Class that the Magistrate spe­cifically stated the involvement of the oppo­site parties and he has also referred the depo­sition made by the dr. P.W.5 the injuries in­flicted upon the victim and the other wit­nesses as such it has been corroborated the..

Category: Criminal Law | Date: 15 Jun, 2005 | Hits: 2

Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....ned Metropolitan Magistrate considering the facts and circumstances of the case and evidence on record convicted the petitioner under section 170 of the Penal Code sentencing him thereunder to suffer simple imprisonment for one year by his judgment and order dated 21‑10‑1989 in GR Case No.3503 o......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694.     ..

Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2

Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)

....pposite party No.1 Akram Sheikh @ Akram under section 325 of the Penal Code sentencing him to suffer rigorous imprison­ment for 3 (three) years and to pay a fine of Taka 3000 in default to suffer simple imprisonment for 6(six) months more and also convicted the opposite party No.2 Sheikh Mosharr......rrence and they shifted the victim to his house. Thereafter, the informant after taking necessary steps to get the victim admitted into Kushtia General Hospital and after obtaining the certificate of injuries from the attending doctor lodged the first information report. 3. On the basis of such..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

Montu and others Vs. State, 2005, 34 CLC (HCD)

....on 4(1) of the Ain Sringkhola Bignokari Aparadh (Druta Bichar) 2002 sentencing each of them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 5,000 each in default to suffer simple imprisonment for 6(six) months more. The facts leading to this Criminal Revision are tha......to pay the chanda as a result of which the accused Montu gave a Chinese axe blow aiming at his head to kill him but Shibii Sadik defended the blow by his left hand in consequence he sustained serious injuries, accused Montu also gave chapati blow aiming at his head whereby he was also seriously inju..

Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1

Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)

....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ictim Salma and sent the same to Gopalgonj morgue for post‑mortem examination. Doctor holding post‑mortem examination gave opinion that the death of the victim was due to shock as a result of the injuries found on her person which were ante mortem and homicidal in nature. On receipt of the post..

Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6

State and another Vs. Omar Faruque and others, 2005, 34 CLC (AD)

.... since the company has filed a suit against the petitioners firm for compensation in 1993 the subsequent criminal proceeding is nothing but a harassing policy. The High Court Division over looked the simple fact that the F.I.R. on the face of it discloses a criminal offence and the case is still und......ion is liable to be set aside. In the result, the appeal is allowed. Accordingly, Criminal Petition No. 102 of 1999 will follow suit. Ed. This Case is also Reported in: III ADC (2006) 251. ..

Category: Anti-Corruption Laws | Date: 23 Mar, 2005 | Hits: 89

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

....n, Editor of the Daily Prothom Alo and Respondent Condemner No.(4) Mahfuz Anam, Publisher of the Daily Prothom Alo are sentenced to pay fine of Taka 1000 (Taka one thousand) each in default to suffer simple imprisonment for one month. The Condemner‑respondent No.(5) Shamaresh Baidya, reporter of t...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....aka 1,34,75,536 (Taka one crore thirty-four lac seventy-five thousand five hundred and thirty-six) and thereupon Taka 5,05,532 (Taka five lac five thousand five hundred and thirty-two) was charged as simple interest and accordingly, demand a total sum of Taka 1,39,81,058 (Taka one crore thirty-nine ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

....e, Sirajgonj in GR Case No.71 of 1983 convicting the accused-petitioner No.1 Mohiruddin Mondal alias Md. Mohiruddin Mondal under section 323 of the Penal Code and sentencing him there under to suffer simple imprisonment for one year and to pay a fine of Taka 1000 (one thousand) in default to suffer ......xamination of the independent and material witnesses also casts serious doubt regarding the genuineness of the prosecution case. It further states that the medical certificate does not tally with the injuries alleged to have been caused by the accused­ petitioners. He further submits that the co..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

Ayub Ali Vs.State, 2005, 34 CLC (HCD)

....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230.     ......o the local Tongi Hospital and from there shifted to hospital of Chest Diseases, Mohakhali and to CMM Hospital where doctor declared him dead Some other persons present in the meeting received bullet injuries and one of them namely, Ratan, died. It is further alleged that Ahsanullah Master was a gre..

Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3

Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)

....t the mills management thereafter terminated the services of respondents No. 2-9 on 28-3-2000 under section 19(1) of the said Act with all termination benefits. The said termination orders were not a simple termination and amounts to dismissal from service. The management terminated their services t......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

....liability, as such, each of them is liable to account fror his own action. The wounds alleged to have been committed by accused Habibur Rahman on Sikim Ali as appears from the post mortem report is a simple injury on the medial surface of left forearm, as such, he may be convicted under section 324 ......not die instantaneously, rather the victim died in the hospital 6 days after the date of alleged occurrence, which speaks that convict. appellant Monohar Joarder restrained himself to inflict further injuries on the person of victim Asmat Ali which might result in his death and the act was done with..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

....f the Code of Civil Procedure and also did not raise any objection before the trial Court at the time of preparation of the list. The learned Lawyer emphasises that the agreement in question is not a simple contract but an agreement for reconveyance which as per section 95(A) of the State Acquisitio...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635.   ..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)

....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770.   ......s, husband of the informant, along with Md. Kunchu Sheikh boarding a motorcycle proceeded to Narail via Chapilghat; on the way Md. Shah Alam Biswas was killed by FIR named 15 accused causing multiple injuries on different organs of his body with gunshot and ram dao, etc. On hearing hue and cry witne..

Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....d authorities that after revocation of the martial law and restoration of the Constitution, all those orders that are executory in nature on the date of such revocation come to an end. Reason is very simple, all authority and force that demand execution are derived from the martial law proclamation ......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)

....ation and is accordingly rejected. 21. Now, we take up the moot issue that is facing us as to whether the disputed land of CS Plot No.609 was made waqf or not. The issue can easily be decided by simple reference to the deed of waqf. We have gone through the deed of waqf dated 22-­11‑1915.......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738.   ..

Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

....the cases involve claims in millions. 37. We are sorry to say that we are disappointed at the conduct of the case before us right from drafting of the plaint up to leading of the evidence. How a simple suit for recovery of bank dues even when the claim to be realised by sale of any property cou......rculate the judgment to all banks for guidance. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4