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Safazuddin and another Vs. State, 2007, 36 CLC (HCD)

....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. ......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..

Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75

Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)

....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. ......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..

Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3

State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......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..

Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6

State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)

....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......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..

Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31

Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)

....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......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..

Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......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..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......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. ..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)

....e Transfer of Property Act is of paramount importance. Section 106 of the said Act provides that in the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, ......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 518. ..

Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4

Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)

....abar Road, Mohammadpur, Dhaka. The schedule of subsequent Title suit No.237 of 2002 are as follows: SCHEDULE—'A' All that piece and parcel of 4800 sft, or O.20625 acre (1000 sq. yrds) non agricultural land appear training to Housing and settlement plot No.22/1. of Block-B, Mohammadpur Ho...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ..

Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27

M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 471. ......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..

Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......ion 69 of the Penal Code not being applicable in a special case and not amenable within the juris­diction of a Special Judge appointed under section 3, the direction to release the respon­dent No.4 holding that he is liable to be released under section 69 of the Penal Code on such proportionate pa..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)

....to the Superintendent of Police, Chittagong and Officer-in-Charge, Rangunia Police Station, P.S. Rangunia, District Chittagong. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 311. ......ul Hasan had turned furious and threatened to lift her by any means and conspired with other accused persons. On 22.1.2005 at 8.00 hours the accused persons attacked the house of the informant and by holding the inmates hostage on the face of arms abducted the said girl and she was taken to unknown ..

Category: Women and Children | Date: 10 May, 2006 | Hits: 6

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ......robir Neogi, Advocates-For the Respondent. Writ Petition No.855 of 2001. Judgment Md. Muzammel Hossain J.-This Rule was issued calling upon the respondent to show cause as to why the holding of Enquiry purported to be an enquiry under Section 21 of the Securities and Exchange Ordi..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ...... as such the impugned decision is without lawful authority and is of no legal effect. He then submits that the Labour Court committed an error of law and facts apparent on the face of the record in holding that there is no scope to declare the service of the petitioners as permanent although they..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

....nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ......s of Parliament are the representatives of the people of their respective constituencies, as such, are agents and trustees for and on their behalf. 7. The members of Parliament are debarred from holding any office of profit under the Government in any form so that they can be mentally unimpeded..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

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. ......th of address-Taehung Packaging (BD) Limited, TeenSarak Joydebpur, District Gazipur.................Respondents Judgment March 22, 2006. Result: The appeal is dismissed. A Magistrate holding an enquiry under section 202 of the Code has no jurisdiction to weigh evidence in order to f..

Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84

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. ......conviction and sentence. Hence the appeal. 7. Mr. Md. Abdul Alim Miah, the learned Advocate appearing for the appellant at the very out set argues that the Court below acted without jurisdiction holding trial of the case. The Court had no jurisdiction to take cognizance of the offence, against ..

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. ......ocument in support of their contention. 17. The learned Joint District Judge on consideration of the evidence on record, dismissed the suit by the impugned judgment and decree dated 16.08.2001 holding, inter alia, that the agreement for sale dated 10.08.1985 was illegal and not enforceable. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......iod of limitation and as such the suit is also barred by lim­itation and this finding having been based on proper appreciation  of  evidence on record the learned Single Judge erred in law in not holding that the suit is barred by limitation and the last submission that the  courts  below  af..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....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. ......s below I do not find that the Courts be­low have made any attempt to scrutinise and consider the proceeding adopted by the de­fendants in dismissing her nor there is any evidence on record about holding of meeting of the Governing Body in accordance with relevant rules and regulations mentione..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6