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Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....itnesses who did not see the alleged occurrence and some of the vital witness like P.W.2, 4, 6, 7 and 11 were declared hostile by the prosecution. The learned Advocates point out that it is a general principle that the solitary evidence of the prosecutrix is not accepted as sufficient and required c......ection with any other case. 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: 16 BLC (HCD) (2011) 245. ......lf to show that her story of rape is true…………………(30) It will be unsafe to convict the appellants in the absence of any credible evidence against them…………………(32) Lawyers Involved: Md. Omar Ali Khan with Md. Humayun Kabir, Advocates - For the Appellant Nos.1..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....ear status of the Convention in the domestic legal framework and the insufficient steps taken to bring existing legislation into full conformity with the Convention, including in light of the general principles of non-discrimination (art.2), the best interests of the child (art.3), the right to life......ed, learned advocate placed the facts and materials before us and submitted that there was clearly a need for a change in the law to meet the demands of present day requirements as illustrated in the International Instruments including the United Nations Convention on the Rights of the Child (CRC). ......iction) Present: Md. Imman Ali J Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....cie evidence of
title of the plaintiff-opposite parties in respect of the suit land and, as
such, the plaintiff-opposite parties were competent to file the present suit. I
do not dispute the legal principles deduced in the aforesaid cases cited by the
learned Advocate for the defendant-petitione......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
..................(18)
Cases Referred to-
Halima Begum and
others Vs. Syed Ahmed and others, 21 DLR 854; Shamsul Hoque and others Vs. Moze
Ali Mollah and others, 4 BLC 178; 16 DLR 298.
Lawyers Involved:
Mostafa Neaz Mahmud with Dr. Mohammad Abul Bashar,
Advocate - For the Petiti..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......gment August 20, 2009. Result: The Appeals are allowed. Cases Referred to- Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96;Hazera Begum Vs. Rowshan Ara Begum, 39 DLR (AD) 22; Lawyers Involved: MA Azim Khair, Advocate—For the Appellant (In First Appeal No. 48 of 19..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....Hence, this fact cannot be decided by this court exercising jurisdiction under section 561A of the Code of Criminal Procedure and this is to be decided by the trial Court upon receiving evidence. The principle of law in this respect has been set at rest by the Appellate Division in the case cited ab......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......ties Judgment August 16, 2009. Cases Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others, 60 DLR (AD)195; SW Palanitkar Vs. State of Bihar, 2002 SCC (Cri) 129. Lawyers Involved: Md. Abul Hossain, Advocate-For the Petitioner MA Muntakim, Advocate - Fo..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......175; Abdul Karim Vs. Shamsul Alam, 45 DLR 578; AHS Rahman Vs. State, 58 DLR (AD) 63; Shamol Chandra Das Vs. State and another, 1 BLC (AD) 140; Syed Mohammad Hossain Vs. State, 48 DLR (AD) 87. Lawyers Involved: Khair Ezaz Maswood, Advocate with Helal Uddin Molla, Advocate - For the Ac..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ...... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......oy..............Plaintiff-appellant-petitioner Vs. Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This petition is dismissed. Lawyers Involved: Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner None represented- the Re..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
.... support of their oral evidence, The prosecution witnesses produced their calculations made by themselves which is not a better evidence than the oral evidence. It is now well settled that a cardinal principle of law of evidence is that the evidence must always be direct and hearsay evidence must be......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ...... 181; AIR 1945 (FC) 16; AIR 1948 (PC) 82; 35 DLR (AD) 324; 49 DLR 418; 47 DLR 458; 27 DLR 433; 45 DLR 688; 35 DLR (AD) 91; AIR 1993 (SC) 313; AIR 1945 (FC) 16; AIR 1948 (PC) 82; 17 DLR (SC) 181. Lawyers Involved: Rafique-ul-Huq, Senior Aduocate with Ahsanul Karim, Faheemul Huq, Khairul Ala..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
.... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
...... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
...........Opposite parties
Judgment
July 5, 2009.
Result:
The Rule is made absolute.
Case Referred to-
Shamsuddin Ahamed Vs. Mohad. Hassan and others, 31 DLR (AD), 155.
Lawyers Involved:
Md. Garib Newaz, Advocate with Mrs. Maksuda Akhter, Advocate - For the petiti..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....ntainable in the present form and manner and that the opposite party No.1 has no locus standi to institute the suit. That there is no cause of action to institute the suit. That the suit is barred by principles of estoppel, waiver and acquiescence and that the suit is hit by the provisions of the Sp...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......owdhury and others, 54 DLR (AD) 26; Khurshid Ali and others Vs. Noorjahan Bewa and others, 15 BLD (AD); Hazari Bala Sana and another Vs. Niron alias Nironjan Mondal and others, 17 BLD (AD) 295. Lawyers Involved: Dr. Rafiqur Rahman with Md. Iqbal Hossain, Advocates - For the Petitioner. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:...... Md. Abu Tariq J Agrani Bank……………..........................Appellant Vs. Md. Abdul Khaleque & another…………Respondents Judgment June 23, 2009. Lawyers Involved: Mrs. Mahmuda Begum, Advocate-For the appellant. No one appears-For the ..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
.... it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused. 29. In approaching and answering to the points drawn up, cardinal principles of Criminal Jurisprudence in awarding conviction followed by sentence upon an indicted p......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......……..(42) Cases Referred to- Seraj Talukder Vs. State, 3 BLC 182; Shan Khan Vs. The State, 18 DLR (WP) (1966) 91; Daler Sing Vs. State, 1955 Cr.L.J 614; Alkas Mia Vs. State, 25 DLR 378. Lawyers Involved: Abdur Razzaque Miah with Nazmul Karim - For the appellant. Sakila Rowsh..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....nbsp; there was no adequate qualified Assistant Engineer to cater the vacant post i.e. to fill up the existing vacant posts but when the authority got qualified Assistant Engineer the old principle was stopped. Since Engineers holding AMIE/BSc were available for promotion maintaining t......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......p; others.........Appellants Vs. Abu Bakar Siddique & anothers………………………..Respondents Judgment June 3, 2009. Result: The appeals are allowed . Lawyers Involved: Dr. Rafiqur Rahman, senior Advocate, instructed by Serajur Rahman, Advocate-..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....nbsp; there was no adequate qualified Assistant Engineer to cater the vacant post i.e. to fill up the existing vacant posts but when the authority got qualified Assistant Engineer the old principle was stopped. Since Engineers holding AMIE/BSc were available for promotion maintaining t......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......mp; others.........Appellants Vs. Abu Bakar Siddique & anothers………………………..Respondents Judgment June 3, 2009. Result: The appeals are allowed. Lawyers Involved: Dr. Rafiqur Rahman, senior Advocate, instructed by Serajur Rahman, Advocate-..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... was terminated in a different context we are of the view that the High Court Division has committed no error in declaring the action of the petitioner herein as not fair and reasonable. The accepted principle it that in taking action against an employee in any given situation the employer is to dem......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......sion and Distribution Limited, 42 DLR 33; Central Inland Water Transport Corporation Ltd. Vs. Brojo Nath, AIR 1986 SC 1571; Delhi Transport Corporation Vs. DTC Mazdoor Congress, AIR 1991 (SC) 101. Lawyers Involved: Salauddin Dolon, Advocate - For the Petitioners (In Writ Petition Nos.4194 of 2..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......nts had not challenged such decree on merit, therefore decree in question having been granted on merit could not be set aside under Order IX Rule 13 of the Code……………………..(11) Lawyers Involved: J.K. Paul, Advocate, with Banamali Nandi, Advocate - For the Petitioners. ..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
.... 23. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD (AD) 44 wherein their Lordships held; "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......………………………………(20) Cases Referred to- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) 195. Lawyers Involved: Khondaker Bashir Ahmed - For the Opposite Party No.2. No one – For the Res..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)
....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......se………(12) Cases Referred to- Alhaj Rahimuddin Shah Vs. Sirajul Islam and others, 37 DLR 316; Shafiqur Rahman and others Vs. Nurul Islam Chowdhury, 35 DLR (AD) 127. Lawyers Involved: Md. Ahsanullah, Advocate-For the Petitioner. Md. Abdul Khaleque with Faz..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....t be viewed along with the role of judiciary envisaged in the “Beijing Statement of Principles of the Independence of the Judiciary in the LAWASIA Region [1995] CCJA PRes (19 August 1995)”. Those principles were accepted by the Chief Justices of the Asia and the Pacific including the then Hon’....... Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR 1999 SC 625; Micari V. Mann, 481 N.Y S. 2d 967 (Sup, Ct. 1984); Janzen and Govereau Vs. Platy Enterprise Ltd. International Women’s Rights Cases at page-451; David Dotchin v. Saskatchewan (Worker’s Compensa......9) 415, 14 BLC (HCD)(2009) 694. ..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......prisoner has the right to know why he or she was sent to the gallows or why he/she is to die………………(19) The Government should not promulgate parallel law prescribing harsh punishment. Law is for protecting the citizen, not to place the citizen in apprehension that in the name of fair..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
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