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State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... not support accused Abul Kalam and worked for Habibur Rahman. Accused Abul Kalam was defeated in the said election. Being annoyed at this, accused Abul Kalam along with the terrorist elements of his party was making conspiracy to murder him and was looking for an opportune moment. On the date of oc..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......aka being Petition Case No.7 of 2006 against the Opposite Party Nos.2 to 8 herein under section 8/30 of the Nari-O-Shishu Nirjatan Daman, (Sangsodhan) Ain, 2003 stating, inter alia, that the opposite party Nos.2-8 abducted the 6 years old daughter of the complainant at about 8 p.m. on 3.12.2005. At ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....ons for rejection of the books of accounts? b) Whether the Appellate Tribunal was justified in law in confirming the disallowances from the profit and loss account without pinpointing any specific defect? c) Whether the Appellate Tribunal was justified in law to estimate the receipts of the co......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......itioners in the writ-petition as the writ petitioners have filed the writ-petition challenging the cancellation of the approved plan of the said Building. The cordial principle of law for addition of party has been provided in rule 1(10) of Order I of the Code of Civil Procedure is that a person is ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......to period of teaching experience and not to relax the academic qualification. 4. However, it has been submitted that the petitioners could not seek relief earlier being afraid of the then ruling party in as much as the respondent No.3 was a Member of the Parliament belonging to the ruling party..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ......inal) Present: AKM Fazlur Rahman J Sheikh Abdul Awal J Md. Hanifa and another……………………Accused-Petitioners Vs. The State…………………….Opposite party Judgment July 17, 2007. Result: The Rule is made absolute. Lawyers I..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
....o is and has been from birth a lunatic or idiot, is excluded from
inheritance or from any right or share in joint family property by reason only
of any disease, deformity, or physical or mental defect, The Act came into
force on the 20th September 1928. It is not retrospective."
There......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
.... in the case of Golzar Ali Pramanik Vs. Saburjan Bewa being dead her heirs Md. Yakub Ali Khan and others reported in 6 BLC (AD) 41. On the point that plaintiff has to prove his own case, but whatever defect of the defendants to prove their case and of their document cannot be of any help to the plai......li Khan and others, 6 BLC (AD) 41; AIR (1926) 372. Lawyers Involved: Hasan Foez Siddique, Advocate - For the petitioner. M.A Aziz Khan with Sheikh Habib-ul-Alam, Advocate - For the opposite party. Civil Revision No.5439 of 2002. Judgment AFM Ali Asgar J.- By this rule judgment and..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ...... Result: The appeal is allowed. The Evidence Act, 1872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirmative of the issue. In a criminal trial, the burden of pro..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....he saw in a pool of blood on the floor and seat of that affected car. No enmity was suggested by the accused against this witness. 70. On reference to the charge, we do not find that the charge is defective in any manner. The charge clearly speaks of commission of the offence of murder in pursuan......ation is dependent upon consideration of answers given by prosecution witnesses in their cross-examination. Normally in examination-in-chief the prosecution witness speaks which are favourable to the party without disclosing the necessary facts which are in favour of the other side………………..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ......ip;……………………Petitioner Vs. Md. Monjurul Islam…………………………Opposite party Judgment May 3, 2007. Result: The Rule is discharged. Lawyers Involve..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....ssues between the parties are lost and justice frustrated by technicalities. In Writ Proceedings, which is an equitable jurisdiction, the Court should always have the liberty to condone procedural defects and irregularities occasioned by bonafide mistake or inadvertence……………………......his authority to swear the affidavit. Rule 1, Order III of the Code of Civil Procedure provides that any application or act in or to any court required or authorised by law to be made or done by a party in such court, may, except where otherwise expressly provided by any law for the time being..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......etitioners. Ramzan Ali Sikder, Advocate — For the Opposite Party. Civil Revision No.4128 of 2004. Judgment Bijan Kumar Das J. -This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned A..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......ment and others as defendants for declaration that the notice contained in Memo No. 1107 dated 3-10-1984 issued by Sub-Divisional Engineer, PWD Tejgaon Industrial Area, Tejgaon, Dhaka, First opposite party of Civil Revision Case directing plaintiff to hand over possession of suit property mentioned ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
...... dated 28.9.2003 so far it relates to the acceptance of the bid in execution case till disposal of the Rule.
6. It is further stated in the aforesaid writ Petition that one Afroza Zaman, a third party along with another, in the meantime filed Writ Petition No.6536 of 2003 before the High Court ..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ...... In 1680 Lord Chief Justice Hale wrote in one of the most off-quoted passages of our Jurisprudence that rape "is an accusation easily to be made and hard to be proved and harder to be defended by the party concerned, though, never so innocent". 4. The word "Rape" literally means forcible seizur..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ......odification of sentence. The connected Rule is also discharged with the modification as above. Send down the lower Court records. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 322. ..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......tioner. Sajjad Ali Chowdhury, Advocate - For the Opposite parties. Civil Revision No.154 of 1988. Judgment ABM Khairul Haque J.- This Rule was issued calling upon the opposite party Nos.1 to 11, to show cause as to why the Order No.68 dated 8.7.1987 and Order No.74 dated 30...Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
.... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......y ignoring consecutive final reports took cognizance against the accused petitioners which is liable to be quashed to secure the ends of justice. 10. No one appears for the informant opposite party No.2. 11. We have heard the learned Advocate for the petitioners and perused the first i..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....ibunal Judge did not follow the basic procedural law at the time of holding trial of this case, which also caused prejudice to the prosecution side as well. 43. In view of the aforesaid two defect inherent in the matter of holding of trial in accordance with law, the impugned judgment and ......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
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