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Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......cate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218........ Let us now consider the application filed under Order VII Rule 11 of the Code of Civil Procedure. On a reading to the application it is our considered view that the statements made therein requires evidence to settle and when evidence is required, plaint cannot be rejected under Order VII Rule 11 ..Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ...... judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ...... obtained this Rule. 6. Mr. ABM Wailer Rahman Khan, learned Advocate appearing for the petitioner, submits that the impugned conviction and sentence awarded by the Tribunal is not based on legal evidence and that the prosecution could not prove the case by adducing reliable and satisfactory evi..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
....ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
......reinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
......ic provisions giving evidential value to the audio/video recorded statements of victims or witnesses of sexual harassment so that the perpetrators can be punished solely on the basis of such recorded evidence of sexual harassment in case of unwillingness of the victim or other witnesses to give evid..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......efault to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141.......ements were neither true nor voluntary which they retracted subsequently. 4. 19 witnesses for the prosecution and none for the defence were examined in this case. The prosecution have also adduced evidence which are marked as exhibits and material exhibits. State defence was provided for the absc..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......sation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......teem and anxiety. In support of her contention, she makes reference to certain research material as mentioned in paragraph-7 of her affidavit dated 26.09.2010. She further submits that there is ample evidence that corporal punishment is injuring the children of Bangladesh through the physical pain i..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
State Vs. Alam, 2011, 40 CLC (HCD)
.... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......ediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ......to the preÂjudice of the condemned-prisoner otherwise falsely implicated in a concocted case. This also blinded the Tribunal to the unnaturally passive role of the deceased's family members whom the evidence adduced portray as mute byÂstanders unable to come to the rescue and aid of the .hapless v..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......e thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......ppeal before this Division. 8. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the defendant-petitioner submits that the High Court Division failed to notice that there is no single evidence showing valid marriage under the Hindu Law by invocation before sacred fire and saptapadi p..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
....rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
.......
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
......ter of the loan; or"
25. From the aforesaid discussions and findings we are of the view that the appellant as petitioner in the miscellaneous case by adducing both oral and documentary evidence successfully proved their case for recovery of the present outstanding loan with inter..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ......hat effect has been made by Government in official gazette pursuant to section 44(4) of the Income Tax Ordinance. He has also drawn our notice to the supplementary affidavit in opposition in which as evidence by Annexure-A a letter dated 5-12-2004 addressed by DCT Company Circle-15, Zone-5, Dhaka to..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......eby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......in law basing his decision on the agreement for lease (Exhibit A) against the mandate of the statute and in making out a third case of usage, there being no such case either in the pleading or in the evidence, in derogation of the statutory law. He finally submits that the case raises questions..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ...... the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......f the Anti-Corruption-opposite-party No.2, submits that undeniably the petitioner is not FIR-named; but after investigation, she has been charge-sheeted and her involvement in the case is a matter of evidence and trial and the prosecution case should not be stifled at the initial stage and it should..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......o order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......y;trary, illegal and without lawful authority. We are of the view that since the goods in question are not ownerless any more as the same have been claimed by the petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership of the said..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3
....ng days without fail upon receipt of the copy of this judgment. There will be no order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......o order as to costs.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 191
......y;trary, illegal and without lawful authority. We are of the view that since the goods in question are not ownerless any more as the same have been claimed by the petitioner with reliable prima-facie evidence and there being no other claimant, there remains no dispute as to the ownership of the said..
Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5
Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)
....cute the officers responsible. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in:Â 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ...... to costs. Ed. This Case is also Reported in:Â 9 ADC (2012) 816, 18 BLC (AD) (2013) 54. ......objection against the master plan by any person aggrieved by the preparation of the same and the Government may modify it if there is merit in the objection. Though this 'Master Plan' is a conclusive evidence after it is approved by the Government as provided therein but it can also be amended or al..Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ...... of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......ferred to as ACC). The ACC investigated into the case and during investigation recorded the statement of the witnesses, collected the material on record, and after investigation submitted the Memo of evidence before the ACC. After obtaining sanction under section 32 of the Anti-Corruption Commission..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....dings and obserÂvations we do not find any merit in the leave petiÂtion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......ed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......3) Rejection of plaint The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII, rule 11 Where the existence of the cause of action is required to be determined by adducing evidence, plaint cannot be rejected under Order VII, rule 11 of the Code of Civil Procedure, 1908â€..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55....... any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......ting circumstances were brought to his notice. However, when enquired by the Court as to whether the accused would plead guilty, the accused replied in the negative. He has also refused to adduce any evidence in support of his defence. 8. The learned Tribunal after hearing the parÂties represent..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
....indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ......ismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ......t neither he nor Jatiyo Party withdrew his candidature and the legal consequences of all these facts are evidently mixed question of law and facts and these are to be decided in the light of the evidence to be led by the parties and the relevant laws. 11. In the case of Major SS Khanna Vs...Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
State Vs. Md. Sayab Ali, 2010, 39 CLC (AD)
....kuchi, District-Serajgonj in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 256. ......e of its witnesses is that the accused-respondent was not at home at the time of the death of his wife and that nobody knew how his wife succumbed to injuries. The Bishesh Adalat on assessment of the evidence on record by its judgment and order dated 29th August, 2004 convicted the accused-responden..Category: Women and Children | Date: 7 Oct, 2010 | Hits: 126
State Vs. Tajul Sheikh @ Md. Tajul Shaikh and others, 2010, 39 CLC (HCD)
....ul Houque of village Dakhin Ujanchar, Makhon Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......Baburpara, Police Station-Goalandu Ghat, District-Rajbari be stayed till disposal of the appeal. Ed. This Case is also Reported in:9 ADC (2012) 895. ......02/301 of the Penal Code. 3. Before the learned Sessions Judge, the prosecution examined 11 witnesses in support of its case. The accused respondents pleaded not guilty but they did not adduce any evidence. The learned Sessions Judge on consideration of the evidence on record found the respondent..Category: Criminal Law | Date: 28 Sep, 2010 | Hits: 15
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