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Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
.... (2011) HCD 36, 8LG (2011) HCD 1. ...... ......nspector for decision to a registered medical practitioner. (2) A certificate as to age of a person granted by a registered medical practitioner as mentioned in sub-section (1) shall be conclusive evidence as to age of the person to whom it relates. 37. Certificate of fitness.- (1) A register..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ....... 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......f allegations of fraud. However, the Adalat passed the impugned order setting-aside a contested judgment dismissing the suit against them while the same was obtained upon detailed examination of evidences adduced by the contesting parties. In the circumstances, we are of the view that since the..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......s' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ...... disturbed by the High Court Division in revisional jurisdiction under section 115 of the Code of Civil Procedure unless it can be shown that those are based upon misreading or non-consideration of evidence or founded on misconception or misapplication of law or on misinterpretation of any materi..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......e Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......sulting in the death of the victim, so far as the accused Rehana Begum was concerned. The tribunal asked all the accuseds as to whether they would plead guilty and as to whether they would adduce any evidence in support of their defence. The accuseds gave reply in the negative. 7. Thereafter, the..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ...... down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......e allegation for causing loss amounting to Tk.4,41,648.02 is not only unspecific also without any legal basis and as such the suit is liable to be dismissed. 5. At the trial both the parties led evidence to prove their respective cases. The learned Joint District Judge, 1st Court, Narayangonj o..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ...... Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......ved and as to non-mentioning the date of service of the notice or the date of receiving of the notice are all questions of fact and that the complainant petitioner, as of right, is entitled to adduce evidence to prove these facts at the time of trial. Accordingly, he submits that the complaint petit..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......f manufacturing, distributing and nature of marketing in their respective product. All these facts clearly indicate that the matter in issue raised by the parties are absolutely the subject matter of evidence. The Court below failed to ascertain such facts of either party. When a particular dispute ..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......n with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......n 114(g) The Code of Criminal Procedure, 1898; Section 161 When to take an Adverse Presumption- In a case where there is no eyewitness or there is hardly any circumstantial evidence it is essential that the persons who are the next door neighbours or lived near the place o..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ....... This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ...... cardinal principle of law that material facts must be stated by the parties either in offence or in defense. If a party omits to state a material fact in his pleading, he will not be allowed to lead evidence of that fact at the trial unless the pleading is lawfully amended. Even if, evidence is giv..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......idul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......d two witnesses. The plaintiff's documents were marked as exhibits 1-13 and while those of defendants marked as exhibits- Ka and Kha. 8. The learned Joint District Judge considering the evidence, the exhibits and the documents found the title and possession of the plaintiff and decreed..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......nicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......he Appellate Division held that even non-disclosure of the cause of action cannot be a ground for quashing the proceeding to the great prejudice of the complainant who is entitle to prove his case on evidence. 18. In the instant case, the accused-petitioner admitted the loan and admittedly he iss..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......s Case is also Reported in: 15 MLR (HCD) (2010) 473. ...... of the case, we think this is a fit case to send back on remand to the learned Joint District fudge, Narayangonj for deciding the issue afresh after giving an opportunity to the parties to adduce evidence both oral and documentary inasmuch as we find nothing on record to justify the reasoning o..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......ourt records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......R(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation for enlisting the suit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the Appellate Court decreed the suit on c..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... time of trial, nondisclosure of such fact in the complaint petition cannot render the proceeding liable to be quashed to the great prejudice of the complainant who is entitled to prove his case on evidence." 21. In view of the decisions of our apex Court we are of the view that non disclosur..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......dge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......face value and accepted in their entirety, do not constitute the offence alleged and 5) The allegations against the accused although constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prov..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)
....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......Opposite party Judgment April 12, 2010. Result: The rule is discharged. Status of post mortem report when there is eye witness The post mortem report is not a conclusive evidence. It is mere piece of evidence as per the provision of the Evidence Act. It is one of the ev..Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......der IX rule 13 of the Code two questions are primarily to be answered: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has sufficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Pleader without furnis......ugh Government pleader and(c) Government should be given chance to contest in suit. Hence the Rule. 3. The learned Advocate appearing for the petitioner submits that defendants failed to show by evidence that summons were not served upon them. In support of his contentions he refers the case ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......by vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ......llip;………Respondents Judgment March 22, 2010. Result: The Rule is discharged. Maintainability of writ petition when there is alternative remedy The evidence that the prosecution has in respect of their prima-facie satisfaction about the petitioner&..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......by vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......ies have found, prima-facie that the petitioner has abetted the offence committed by, the principal accused. During the course of investigation the investigating officer will have collected necessary evidence which may show the extent and nature of the activity of the petitioner. The evidence which ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......e this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......it would be plainly inequitable to refuse such a relief this Court will not hesitate to do what the Judicial Committee did………………........ (33) Additional evidence Where additional evidence came into existence some time after the disposal of the suit..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
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