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Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....ccurrence after 10 days of the alleged recovery, although the law requires that the witnesses should be examined and their statements, if necessary, be recorded in relation to a fact which is so fresh in the mind of the narrator that he may be assumed to be speaking from recollection along, und......n the sense that they are concerned in the success of the raid or search. Their evidence, therefore, must be tested in the same way as the evidence of the other interested witnesses are tested by the application of diverse contradictions, which must vary from case to case." 23. In Mat..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......nks between the materials on which certain conclusions are based and the actual conclusion reached. Reason provides baluster of conclusion. Without reason it is not possible to know whether there was application of mind on the part of Judge. Lord Denning in Breeh Vs. Amalgated Engineering Union (197..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Ershadul Vs. State, 2006, 35 CLC (HCD)
....ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ...... not examined by the prosecution. The learned Advocate also submits that the seized phensidyles were not chemically examined and the conviction was based on mere surmises and conjectures without application of judicial mind. He submits that there is a great departure from what has been stated i..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Nazim Vs. State, 2006, 35 CLC (HCD)
....ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......e Appellant. Farah Mahmuda, Assistant Attorney-General - For the State Respondent. Criminal Rule no.35(R) of 2006 Judgment Md. Abu Tariq J.- This Rule arises out of an application under section 5 of Limitation Act of 1986 for condonation of delay of 4968 days in prefe..Category: Procedural Law | Date: 29 Mar, 2006 | Hits: 32
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......in, Assistant Attorney-General-For the Petitioner. No one appears- For the Opposite Party. Civil Review No.2497 of 1990. Judgment Syed Mahmud Hossain J.-This Rule was issued on an application for revision filed by defendant No.1. under section 115 (1) of the Code of Civil Procedu..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......learned Tribunal rightly dismissed the complaint petition having no materials to proceed on and as such the appeal should fail. He also submits that cited decisions on behalf of appellant can have no application in this appeal. 11. We have heard both sides and also perused the petition of appeal ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......pears from record. The petitioner did not file any appeal against the order of conviction and sentence within the statutory period of limitation as provided by law. Later on the petitioner filed an application under the section 561A of the Code of Criminal Procedure before the High Court Division ..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....ld not be any earthy reason to omit the noting of putting forward the demand of dowry and causing bone fracture injury upon the person of P.W.1. Memory on the part of P.W.1 on 25.8.2001 was very much fresh and this information could be very much provided in that petition. Version furnished by P.W.1 ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......rt of Senior Assistant Judge, Sundarganj, Gaibandha. 4. The accused petitioner voluntarily surrendered in Nari-o-Shishu Nirjatan Daman Tribunal, Gaibandha on 4-5-2005 and was put into custody. The application for bail was heard by the Tribunal on 16-6-2005 and he passed the impugned order asking ..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... Advocate for the appellant that the Court acted without jurisdiction and for that the trial was vitiated. The cases referred by the learned Counsel for the appellant in this regard have no manner of application in this case. 27. Having regard to the above finding we hold that it is proved beyo..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ...... and that the defendant No.1 applied to the government for releasing the suit property claiming her ownership and for the restoration of possession to her, and the government in pursuance of the application of the defendant No.1 transferred the suit property to her by a registered deed of sale..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
...... have had the intention to
preclude the petitioner from furnishing the security at any stage before
hearing the objection or any date fixed by the Adalat………………….(6)
When the
application was fixed for hearing on maintrainability, the learned Judge of
the Artha Rin Adalat ..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
....oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......
Judgment
ABM Khairul Haque J.-This appeal arises in respect of an order dated 5.4.2004 passed by the Judge, Artha Rin Adalat No.3, Dhaka, in Artha Rin Execution Case No.1 of 2003, rejecting an application under Order XXI Rule 98 of the Code of Civil Procedure read with Section 57 of the Artha..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
...... informing her that she has been dismissed from her service and the
order of her dismissal has been published on 2.9.1998 in a local daily
"Sandhan" as a notification and he advised her to submit application
through defendant No.9 (Chairman of the Governing Body). Thereafter the
plaintiff co..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)
....rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ...... Shahidul Islam J.- This Rule is directed against the Judgment and order dated 22.7.2003 passed by the learned Additional District Judge, 3 Court, Dhaka, in title Appeal No.699 of 1999 allowing an application for addition of the parties. 2. Short facts necessary for disposal of the Rule are..Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3
Industries Chemie BV Vs. SMA Quddus and another, 2005, 34 CLC (HCD)
....jection of the applicant in Form TM 55 the Registrar of Trade Marks was ;T, justified under the law and Rules to note that the opposition case has been abandoned without hearing the parties, fixing a fresh date. Two decisions of this Court have been referred to by the learned Advocate for the appell......o. 26 of 2001 Judgment Md. Awlad Ali J. - This appeal under section 76 of the Trade Marks Act, 1940 arises out of an order dated 7-8-2000 passed by the Registrar of Trade Marks rejecting an application in Form TM 55 filed on 3-8-2000 by the appellant. 2. The appellant filed opposition..Category: Intellectual Property Law | Date: 30 Nov, 2005 | Hits: 142
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....in that what could be done in an appeal cannot be done in a review in that appellate jurisdiction is not same as that of review. Jurisdiction of review does not allow a Court to re‑hear the matter afresh or judge the matter as an appellate Court. Provisions of Order XLI of the Code referred to and......r the Petitioner. Md. Joynul Abedin, Advocate- For Opposite Party No.1. Civil Rule No. 375(F) of 2002. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making an application for review of the judgment and decree dated 13‑2‑2002 passed by a Division Bench of ..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... is liable to be declared to have been passed without any lawful authority. The learned Counsel has lastly submitted that the provisions of sections 29, 30(2)m and 37(3)g, 89 and 90 have no manner of application in the instant case as under the law prevalent the said provisions are not attracted in ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
......t impartial while acting as the Chairman of the
Committee and he mentioned the offer of the petitioner to be
"Non-responsive" allegedly referring to 16 deviations and the
petitioner filed an application to the respondent No.1, on 22.3.2005 praying for his intervention but having not
receiv..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....sly as possible in accordance with law.
With this observation, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 613.
......said Act was ever made by the Government and no compensation was paid to the owner of the property as required under law. The petitioner No.1 on behalf of the other petitioners on 16‑4‑89 made an application to the Secretary, Ministry of Land and Land Administration for release of their land. On..
Category: Property Law | Date: 9 Aug, 2005 | Hits: 4
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