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Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
.... Vs. Shahin Shakhider and others…………………….Opposite Parties Judgment September 12, 2007. Result: The Rule is made absolute. Cases Referred to- BADC Vs. Abedunnessa and others, 7 BLT 297; Secretary of S......ication under Order VII Rule 11 of the Code is filed for rejecting the plaint on the ground that the averments made in the plaint do not disclose a cause of action for the suit, the Court is not called upon to decide the suit on merit on taking evidence. It is only the averments made in the pla......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....ing that his brother, Md. Kamal Hossain had enmity which crept up from election of the Managing Committee of Mahuttuly Free Primary School with accused, Zubaed Adel. Earlier, Zubaed through his Personal Assistant initiated false criminal case against the informant and his men. Zubaed asked de......th Joney went at about 11 in the night to call Kamal, they found Kamal near Nira Nipa Pharmacy. There was a talk for 'kangali bhoje' on 15-8-2007 with Babul and Nazir. At that moment, this witness called Kamal, to which Kamal replied "দাঁড়াও আমি আসিতেছি" While he w......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....to follow the-guidelines stipulated in FE Circular No.19. The Bank on 23-6-2001 issued a notice informing the petitioner that the inspection team of the Bank, during its inspection on 13-3-2001 found some irregularities about non-mentioning of rate in buying and selling of foreign currency, violatio......brahim Mollah, Advocate - For the Respondents. Writ Petition No.5662 of 2001. Judgment Zinat Ara J.- In this application under Article 102(2)(a)(ii) of the Constitution, the petitioner called in question the legality of the order dated 10-9-2001 issued by the Deputy Director, Banglade......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... State……………………Respondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case involving severe p......modesty of his wife, Monowara Begum. It is further stated that accused Enamul came there and tried his level best to snatch away the accused Aza from his hands but failed; that the accused Enamul called others to make accused Aza free; that the witnesses gathered there hearing hue and cry and h......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....Petitioner Vs. The State………………………………..........................................Opposite Party Judgment August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of t......nal was not complied and the complainant was not notified anything about the matter. 14. Be that as it may in our consideration tribunal overstepped its jurisdiction in rejecting complaint on so-called inquiry report based on extraneous matter and impugned order passed by the Tribunal without g......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
.... a) Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in confirming the order of the Appellate Joint Commissioner of Taxes without assigning any cogent reasons for rejection of the books of accounts? b) Whether the Appellate Tribunal was justified in l......e in respect of major items are stated to be want of proof or verifiability etc. 18. It is now settled that as an assessee is obliged to prove each and every item of expense claimed as and when is called upon to and similarly, the Income Tax officer is not bound to accept such expenses unless he ......nterprise and Islam Builders were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600.00. Then, he submitted a revised return claiming a loss of Taka 47,125.00.00. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....................Appellant Vs. Saidul and others………………………..Respondent Judgment August 9, 2007. Dying declaration when found reliable and true, can be the sole basis of conviction The dying declaration has been written by a responsible Magistrate in......d evidence on record. 43. In the case of Nurjahan Begum Vs. State reported in 42 DLR (AD) 130, our Appellate Division has held that a statement falling under section 32(1) of the Evidence Act is called a "dying declaration" in the ordinary parlance. It has further been held therein that a dying......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provided in sectio......, Advocate - For the petitioner.
Md. Mamnur Rashid, Advocate - For the Respondent No.2.
Writ Petition No.984 of 2000.
Judgment
Sheikh Abdul Awal J.- By this Rule Nisi the Respondents were called upon to show cause as to why the impugned Judgment and decree dated 13.09.1999 passed by the ......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....s. 3-5 (In Civil Appeal No.131 of 2006). Civil Appeal No. 130 of 2006 with Civil Appeal No. 131 of 2006. Judgment Mohammad Fazlul Karim J.- Applications have been filed by (1) Faruk-al-Nasir son of MA Motaleb Mollah, Chairman, Shanin Group,(2) Bank Asia Limited, represented by its Managing ...... such officer or authority as may be prescribed against every order under sections 3, 3A, 3B, 4, 5, 6 or 9 and the decision of such officer or authority on such appeal shall be final and shall not be called in question in any Civil Court. 25. In compliance with the law, a notice dated 8-4-1999 un......nd 10 alleging purchasers of respective floor in the Rangs Bhaban asserting that they are entitled to be added as respondents, otherwise they would be highly prejudiced and shall suffer irreparable loss and injury. 2. It appears that the applicants are the purchasers of their respective floor..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
..... Shofiul Alam Mahmood, Advocate - For the Respondent State. Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 pa...... Chutta Nizam-pur and Shamsur of village Bara Nizampur came to the house of the informant and forcibly snatched away accused Majid. On the following day, Chairman and other people of the locality called a Salish to settle up the matter but the Chairman failed to settle up the matter as a result ......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
.... Hanifa and another……………………Accused-Petitioners Vs. The State…………………….Opposite party Judgment July 17, 2007. Result: The Rule is made absolute. Lawyers Involved: Md. Abdul Motin Khashru, Advocate with Md. Ayub Hossain, Advoca...... 8 (eight) accused persons including these accused petitioners and unknown 2/3 others alleging, inter-alia, that at night on 29.08.06 at about 12.00 p.m. out of previous enmity the accused persons called and took away his younger brother Mainuddin from his house but later on he did not return ba......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....ant. No.8 Upazilla Education Officer, Shyamnagar) for the purpose of construction of Romjan Nagar Primary School thereon, subject to condition that the ownership of the lands will lie with the school so long it will remain thereon and that it will revert to the original owner donor in case the Schoo......st Court, Satkhira in reversing the judgment and decree dated 26.9.1989 in Title Suit No.79 of 1986 passed by the Assistant Judge, Upazilla Shyam Nagar, District Satkhira dismissing the suit has been called in question. 2. Facts relevant for the purpose of disposal of the rule in short, are that ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....nd burden of proof The burden of proof lies on the party who substantially asserts the affirmative of the issue. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on the prosecution and on its failure; it cannot fall back upon the evid......hmed Liton @ Liton Ahmed Roni under section 9 (1) of the Nari-o- Shishu Nirjatan Daman, Ain, 2000. 14. In the face of argument advanced by the learned Advocates of contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in t...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....are dismissed. The Penal Code, 1860 (XLV of 1860); section 34 In order to attract the section 34 of the Penal Code, it must be established first that a criminal act has been done by several persons and secondly that all the participants intended that the criminal act should be done and lastly......he learned Advocate further submits that the impugned conviction for murder has in fact been based on the testimony of the partisan witnesses whose conduct appears to be suspicious inasmuch as the so-called eye witnesses deposed inconsistently as to the murder of deceased Mizan. Besides, their testi...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....pellate Jurisdiction) Present: Md. Anwarul Haque J Moyeenul Islam Chowdhury J State..........................................Appellant Vs. Monir Hossain & another persons.........Condemned-Prisoners Judgment May 27, 2007. Result: The Criminal App......made out by the prosecution is absolutely unbelievable and based on surmise and conjecture, than that on the basis of the cogent and credible evidence on record. In fact, the statement of the so-called eye-witnesses have become a parrot version who have tried to corroborate each other inspiring......ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....plication. 3. The application under section 19(1) of the Premises Rent Control Act was registered as Judicial Miscellaneous No.50 of 1998. 4. The Petitioner examined himself, as P.W.1 and also adduced another witnesses in support of his case. The opposite party No.1 examined himself as P.W...... S. M. Abul Hossain - For the Petitioner. No One appears - For the Opposite Party. Civil Revision No.2951 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was called upon to show cause as to why the impugned Judgment and order dated 27.4.2000 passed by the le......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
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....e mark 'Domino's Pizza & Logo' of the plaintiff. (d) A decree directing the defendants to furnish the complete accounts of the profit made during the period of infringement and also to direct the defendants to deposit the profit amount into the Court for the payment to the plain...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......also asserted that the defendant started producing pizza and pizza-related products by using the plaintiffs trademark 'Dominous Pizza' and thereby earning huge profits and causing irreparable loss to the plaintiff. The plaintiff stated that it has incurred huge loss and its name and reputati..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
....p;Respondents
(Writ Petition No.5961 of 2004)
Judgment
March 12, 2007.
Result:
The Writ Petition No.3016 of 2004 is discharged and the Writ Petition No.5961 of 2004 is made absolute.
The statute Artha Rin Adalat Ain, 2003 has given scope to the Adalat to hold auction mo......ecree holder or to transfer the title to the same respectively. Beyond that the auction of the Adalat will be without jurisdiction.
14. In the present case, he submits that auction has been called for 12 times before May, 2003 when the new law came into force. Thereafter, as many as 4 auct......Tk. 20 lacs at the time of acceptance of the same on 28.9.2003. As such, the petitioner has waived its right to challenge the same subsequently and the petitioner bank will not suffer any irreparable loss or injury. Hence, there being no merit in the Rule, the Rule in Writ Petition No.3016 of 2004, ..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
..... Judgment AK Badrul Huq J.- Rape apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a women/girl. Rape not only is a crime against the person of a women/girl, it is a crime against entire society. It is a crime against basic Human Rights ......e senseless after the accused persons made a good escape by running away. Informant P.W.1 had been absent in the house and he came on the following morning of the incident right. One Buida Doctor was called. He treated Runa Laila. There had been profuse bleeding. Runa Laila was admitted in Rabeya Cl......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
....rs……………………Accused-Petitioners Vs. The State and another……………………Opposite parties Judgment November 19, 2006. Result: The Rule is made absolute. Lawyers Involved: Md. Munsurul Hoque Chowdhury, Advocate - For the petitioners. ...... Md. Mansur Rahman, Assistant Attorney General - For the State. Criminal Miscellaneous Case No.11846 of 2003 Judgment Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the proceeding of the Nari-O-Shishu Nirjatan Daman Case No.33 o...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
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