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Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....and 4 in their depositions have been able to prove that the occurrence took place in front of Nira Pharmacy, learned Judge without considering this aspect of the case committed gross illegality in holding that the place of occurrence was shifted from Becharam Deory to Abul Khairat road which bei......4 and thereby fallen into error of law and fact in acquitting the accused opposite parties. Learned Advocate further submits that ballistic expert report (Exhibit 10) shows that the cartridge recovered from in front of Nira Nipa Pharmacy fits with the gun seized from Jahangir Md. Adel, as such..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
.... contest and set aside the orders of termination dated 13.7.2000 and 16.7.2000 and ordered reinstatement of the respondents-workers within 30 days from the date of the judgment with full arrear wages holding, inter alia, that the services of the respondents were terminated for trade union activities...... Nisi, the operation of the impugned judgment was stayed in all the above Writ Petitions. 4. The facts leading to the issuance of the above Rules, in brief, are: 5. The petitioner is a non-government, non-profiteering and voluntary organization, namely, BRAC, which has an office at Tongi, ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... vital parts death was usual. He was not aware how long the deceased remained without any treatment. The deceased was struck blows at random without aiming at any particular place of his body. Before holding post-mortem examination he also went through the inquest report. Half digested food was foun......to know about involvement of 2 other accused namely Sikandar and Niranjan. It was further stated by him that witnesses Bazlu, Mahbub, Jalal Howlader, Rizia Begum, Shahjahan and Momin Gazi were gained over by the accused. Accused Tipu, Moti, Sohel, Mizanur Rahman and Niranjan were absconding. He furt..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....ribunal fixed the next date on 29.6.2006 for order with the direction to inform the complainant petitioner in the meantime. 4. The Tribunal by the impugned order rejected the complaint case upon holding that the inquiry Officer found no evidence as to the truth of the petition of complaint. ......ighbouring people reached there then said accused Opposite party Nos.2-8 left the scene with threat to the complainant of total annihilation of her family members if any case is filed with the police over the matter. Thereafter the wounded complainant petitioner and her witnesses were taken to Dhaka..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....an, the plea of the writ-petitioners that they did not receive letters of show cause prior to those letters at the selfsame address is not sustainable and the High Court Division committed error in holding that the letters were not sent to the writ-petitioners in their proper address and they did ...... A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1995 Supp (1) SCC 153; Yabbacom vs King, 1899 1 King Bench 444; Union Territory, Ch..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....d also the witness like Lokman, Bodiuzzaman and Liton, who alleged to have caught hold of accused Majid, were very much fatal for the prosecution which casts a doubt on prosecution case. 65. Withholding of most relevant and pertinent witnesses by the prosecution compels the Court to draw adve...... not to shout otherwise she would be killed. Then the accused forcibly raped her against her consent. Thereafter, the informant tried to catch hold of the accused and started shouting but the accused overpowered her and managed to flee away. In the meantime, Yasin, a brother of the informant, and ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
....uns as follows:-
"Notwithstanding
anything contained in any other law for the time being in force or in any
contract or agreement, all transfers of land made by any member of a family,
holding land in excess of one hundred standard bighas within the meaning of Article 5, after the (......
Present:
Syed Muhammad Dastagir Husain J
Muhammad Abdul Hafiz J
Birendra Kishore
Ghose @ Gopal Krishna Ghosh……………………………………Appellant
Vs.
Government of
Bangladesh and others………………………………………………….Respond..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....sher has been tendered at the instance of the prosecution. 47. P.W.15 Dr. Md. Bazlul Haque who has come to prove the post-mortem report which was prepared by Dr. Md. Nurul Gani, now in Japan, on holding the post-mortem examination of the deceased and found the following injuries:- 1. "......ce Station to lodge the FIR, Exhibit 1, where this case was recorded as Manikganj PS Case No.11 dated 20-7-1999 punishable under section 148/149/302/114 of the Penal Code and the same was handed over to SI Nur Uddin Ahmed, P.W.16 for investigation who reached to the hospital for preparation of ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....said Act by the President's Order No.88 of 1972 which runs as follows: "95A—Notwithstanding anything contained in any other law for the time being in force, any transfer of a holding or of partition or share thereof, either by way of out and out sale with one agreement to re......ows that the defendant Nos. 6/7 sold out the suit land by Kabala deed out and out in favour of the plaintiff and the plaintiff by executing the Ekrarnama dated 16-11-1959 (Exhibit Gha) agreed to hand over possession of the transferred land in favour of the defendant Nos. 6/7 if they refunded the Kab..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....he petitioner has challenged the legality and propriety of the judgment and order dated 29-5-1997 (Annexure-A), passed by the First Court of Settlement, Dhaka, in Case No. 40 of 1995, excluding the holding No. 1-D/3-31, Mirpur, Dhaka, from the 'Ka' list of the abandoned properties. 2. Shor...... First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Md. Jalil, 48 DLR (AD)..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....dduced another witnesses in support of his case. The opposite party No.1 examined himself as P.W.1. 5. The Rent Controller by the Judgment and order dated 18.2.1999 rejected the said application holding that there was no landlord and tenant relationship between the parties and the Petitioner wa......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. ..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
....there was no scope for invoking section 33(4) of the Ain at this stage Similarly, section 33(5) or (7) also could not he invoked. Mr. Bhuiyan further submits that section 33(2), proviso, contemplates holding of more than one "auction sale". According to him if the bid is found to be t......ld be executed for realisation of decretal dues. The process is either by selling the mortgaged property in auction on by issuing certificate in favour of the decree holder bank and thereby make over the possession and/or title of the property to the decree holder who in his turn may ..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....e on outcry of P.W.2 Runa Laila could throw sufficient light in unfolding truth and non-examination of neighbouring persons would oblige this Court to draw an adverse inference against prosecution by holding that if those persons would have been examined as witnesses, they would not have supported p...... called. He treated Runa Laila. There had been profuse bleeding. Runa Laila was admitted in Rabeya Clinic and she was under treatment there for seven (7) days and, thereafter, she was taken to Savar Government Hospital. Doctors of Government Hospital advised her to be shifted to Dhaka Medical Colleg..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....plaintiff died on 28.7.1984 but because of the transfer of the suit obviously no petition could be made within the statutory period of 90 days and the learned Assistant Judge was well justified in holding that there was substantial cause for which the heirs of the sole deceased plaintiff could n......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. ..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....should not be disposed of abruptly affecting proper dispensation of justice. It is evident from the aforesaid discussion that the Tribunal Judge did not at all follow the legal provisions properly in holding trial of a case involving capital punishment. 37. Firstly, the learned Judge of th......t of the trial, the learned Judge of the Tribunal also framed charge against the accused husband Md. Abdul Gofur under section 11(Ka) of the Nari-O-Shishu Nirjaton Damon Ain, 2000 which was read over to the accused and he pleaded not guilty and claimed to be tried. 5. At the trial, the pro..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....n she saw those persons running towards Taherbag and noticed that Eunus, Shamim and Iqbal were exploding bombs. When she approached a little further she saw Eunus Mollah and his brother-in-law Joynal holding the collar of the shirt of her nephew (sister's son) Badsha, who along with the victim's wif......d. Abdul Khalek alias Kawa Khalek was charged under Sections 302/109 of the Penal Code and the other accused persons were charged under Sections 302/34 of the said Code. The charge as framed was read over to the accused persons present in the dock to which they pleaded not guilty and claimed to be t..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....udgment of reversal inasmuch the finding of the trial court on different issues have not been controverted or set aside by the appellate court. The appellate court committed gross error of law in not holding that exhibit-1 being a registered kabinnama there is a presumption of genuineness and the on...... was student of dull brain and as such he started his education late and studied in different institutions in different ways. The date of birth of the plaintiff No.1 was noted in the register of the Government Hazrahati Primary School as 10.07.1981 and in fact he was 24 years of age at the time of h..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....egistered as Special Case No.16 of 2004. The Special Tribunal by order dated 9.3.2004 rejected the police report and took cognizance of an offence under Section 25B against the accused appellant upon holding that F.I.R. and the seizure list on record disclose sufficient ingredients of the offences c...... Metro-A-028429 from a place called Dariapur on the Rajshahi-Chapai Nababgonj highway for search out of suspicion. It is alleged that a ticket with number and signature used for hundi business was recovered from him. On presentation of ticket the holder of this ticket in India he will be paid in Ind..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....ted by P.W.2 Noni Gopal Hazra in favour of his sister P.W.1 Shishubala who are son and daughter of late Dhaneshwar nevertheless, the learned District Judge erred both in law and fact in not holding that the appellant has proved the proceedings both by oral and documentary evidence. ......la Dassya is a forged document which was created antedated by forgery after the death of Mokshada Bala Dassya by the opposite party No.1, Nogendra Nath Roy in collusion with others and that more over since the opposite party No.1, Nogendra Nath Roy, is the distant nephew of Mokshada Bala Dassya..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
....mount and that being aggrieved there against the petitioner moved with writ petition No.4500 of 2001 in the High Court Division wherein the Rule was issued but ultimately the Rule was discharged holding the same to be premature and against which the petitioner unsuccessfully moved the Appe......t of Tk.2,14,50,715.00 on the ground that the Corresponding exports were not made against the aforesaid goods imported and those imported goods were sold in the local market and thereby deprived the Government of the tax amount and that being aggrieved there against the petitioner moved with wr..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
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