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Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ......tion 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the......ney-General along with Mr. SM Shajahan Kabir, the learned Assistant Attorney-General for the State, submits that the appellant has been rightly convicted under sections 392/411 of the Penal Code on proper appreciation of the facts and circumstances of the case and evidence on record and that no ......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....r case to be competent to be the guardian of such minor...............................(20) Custody and guardianship of child The mother is entitled to the custody of her male child until he has completed the age of seven years and if her female child until she has attained puberty. The right c...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......r dated 9.03.2005 passed by the learned 5th Assistant Judge and Family Court Judge, Dhaka in Family Case No.400 of 2005 should not be set aside and or pass such other order or orders may seem fit and proper. 2. The question which falls for determination in this Rule is whether the custody of the ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......osite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as ......, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title a......terial, which ought to have been decided by framing and discussing issues. He also submits that all the persons having interest of title in the suit property were not brought on record for the proper adjudication of the matter and as the defect of parties is a very vital question in a Partition Suit..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....de. We very much deprecate the conduct of the learned Subordinate Judge in allowing time to the plaintiffs one after another and even suo moto on the dates as mentioned above to file the documents in complete defiance of the provisions of the Code as discussed above. Before a Court of law no party s......an)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that would definitely shake the faith of the litigant peo......pectively passed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 309 of 1996 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule are that opposite party Nos. 1-8 as plaint......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)
.... the Appellate Additional Commissioner of Taxes, who by his order dated 28-9-00 cancelled/set aside (খারিজ) the assessment for the Extra- Assistant Commissioner of Taxes having failed to complete the assessment within the time prescribed by sub-section (2) of section 83 of the Ordinanc......ellate Tribunal in ITA No. 4319 of 2001-2002 in respect of assessment year 1998-99. 2. The assessed who presented the above reference is stated to be the proprietor of a firm namely Ms. Nabab and Company. He is engaged in the business of construction as a contractor, security guard supply, ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ...... Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. ...... The Special Powers Act of 1974 being a special law provides a measure of preventive detention. Obviously the Government has the right to detain any citizen which the Government may deem fit and proper for the public interest as well as for the protection of the law and order situation. But it......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ...... 513; Md. Abdul Khaleque Vs. State, 12 DLR (SC) 165; Rashid Ahmed Vs. State, 10 DLR 532; Mafizuddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant. Umme Kulsum Begum, Deputy Attorney-Gener......tan Daman Ain, 2000. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in this appeal. 13. P.W.1 Md. Shariful Islam is the husband of the victim, Shan......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......e is also Reported in: 14 MLR (HCD) (2009) 264. ......3.1998 (Annexure-L-1) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts giving rise to this rule are as follows:- The petitioner No.1 is a practicing...... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....made by the petitioner in the writ petition, in brief, are as under: The petitioner obtained a loan of Taka 7, 50,000 on 12-9-1989 from Sonali Bank (hereinafter called 'the Bank') in order to complete the unfinished construction of his house on Plot No.45, Road No.7, Sector-4 of Uttara Model......ed the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and requested the Bank for re-scheduling the outstanding debt with simple interest. But the Bank ins......te justice, did not interfere with the judgment of the High Court Division. 21. Furthermore, from the judgment of the Appellate Division it appears that in that case the respondents acquired the property by way of inheritance after the death of one Nurul Haque Patwari and the writ petitioners d......ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......Case is also Reported in: 61 DLR (HCD) (2009) 509. ......ly two sons namely, Mukunda and Gopal. By an amicable settlement between these two brothers Mukunda got the suit land. Mukunda in exercising his sixteen annas right, title and interest in the suit properties approached to plaintiffs father for taking settlement of the suit properties on payment ...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
.... is by attachment or sale of anybody's property, let alone that of the Opposite Party No.5. It is noted in this regard that Column 10 of the Form captioned "Relief prayed" has been left completely blank. It is also submitted that beyond specifying in Column 11 of the Form the fact and ......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ...... that since the decree has been passed against the Defendant Nos.1 to 5 in the Suit, the Petitioner is, therefore, entitled to recover the balance of the decretal amount of Tk. 11, 33,562.50 from the properties of the Opposite Party No.5 who is the agent of the vessel M.V. PELEAS K. This application......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)
....অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ......ব প্রদান করিবার আবেদন করিয়া অত্র রীট মোকাদ্দমাটি দায়ের করা হইয়াছে। Human Right and Peace for Bangladesh নামক সংস্থার সভাপতি এ্যাডভো......ivil cases during Civil Court vacation of the subordinate judiciary in every December order of orders and/or such other or further order or orders that may be passed as this Court may seem fit and proper. The Rule is made returnable within 2(two) weeks from date” ৩। জন......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ..Category: Others | Date: 2 Dec, 2007 | Hits: 7
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....and pay rent to her by virtue of the declaration of the deed of gift dated 14.12.1970. The officers of the Indian High Commission requested the petitioner and her sister to wait for some time to complete the formalities under intimation to the Government of India. However, on 25.05.1972, t...... (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; T...... the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (respondent No.1) rejecting the prayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' list of abandoned prop......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
....d hereinabove in detail is no doubt lengthy and elaborate and may seem to be complicated. But after the time for completion of assessment is clamped and prescribed, the custom authority is obliged to complete their job with all the limitations in the prescribed time frame. During such time prescribe......: 27 BLD (HCD) (2007) 555.
......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......lip;……………………………………………..Petitioner Vs. The Chairman, First Labour Court and another……………………………....... 'worker' was used instead of 'officer'. 18. We have considered all the Writ Petitions and their Annexures. Since the question of termination from service is involved it would be proper to quote section 19 of the Act as under: "Section 19. Termination of employment: Fo......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ...... (2008) 354. ...... same time gives an opportunity to the Court to administer justice in accordance with fundamental principles of criminal justice. It is eminent that it is the duty of the Court to question accused properly and fairly for bringing home to his mind in clear and simple language the exact case he ha......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
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. ......vision (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Abdul Awal J The State………………………………………………………….…….State Vs. Tipu Gazi and others……………………………………………..Condemned-Prisoners Judgment ......e and prepared a sketch map along with an index thereof. He also held inquest on the deadbody of the deceased and sent the same to the morgue for post mortem examination. He also seized alamats under proper seizure list and examined witnesses under section 161 of the Code of Criminal Procedure. A pr...... 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. ..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. ...... August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or material produced by the complainant at the enquiry not the oral t......rjatan Daman Tribunal No.1, Dhaka, in petition Case No.07 of 2006 rejecting the petition case should not be quashed or pass such other or further order or orders passed as this court may seem fit and proper. 2. The facts of the case briefly are that on 29.1.2006 the petitioner filed a petition ......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. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
...... Court Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
Sheikh Abdul Awal J
Mosammat Momina Begum………………………Petitioner
Vs.
Additional District Judge and Bankruptcy Court, Dhaka and others…………….....Respondents
Judgment
August 9, 2007.......s a special law and special provision is provided in section 96 of the Act for preferring appeal against the Judgment and decree passed by the Bankruptcy Court. Secondly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower ......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....s the construction involved huge money, the writ petitioners mortgaged the said land to a bank and took loan. Out of 22 floors 16 floors with the foundation for the sanctioned 22-storied building was completed. Upto ten floors were either sold or leased out to different persons, of them, some are fo......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-......, appearing for the said appellants in Civil Appeal No.130 of 2006 and also appearing for the respondent Nos. 3 and 5 in Civil Appeal No. 131 of 2006, submitted that the High Court Division failed to properly consider the applicability of Rule 26 of the Building Construction Rules (as amended) read ......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. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
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