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Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......tioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... advocates submitted that the question as to whether the FIR and the charge sheet disclosed any offence or not is a matter for the trial Court, which can decide this question only after evaluation of evidence and hence our interference at this stage would be inconducive to the notion of justice. He ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... argue the case with a much broader spectrum, challenging the very continuation of the criminal proceeding, contending that the same should be set aside, as the FIR stories disclose no offence as the evidence of malafide action is quite conspicuous. 4. In impugning the direction concerned, the ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......o the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e case with a much broader spectrum, challenging the very continuation of the criminal proceeding, contending that the same should be set aside, as the FIR stories disclose no offence and also as the evidence of malafide action is quite conspicuous. 4. In impugning the direction concerned, the ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......earned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......the officer in charge of the police-station to which he is brought shall forthwith inform the parent or guardian, if he can be found, of such arrest,......" But from the records we do not find any evidence that the police personnel involved in the apprehension and arrest of the children or the of..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......ana Akhter.............................petitioner Vs. Rizia Begum and others...............................opposite parties Judgment January 13, 2010. Cases Referred To- Kutu Chand Miah Vs. Rabindra Kumar Deb and others, 22 DLR 29; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being d......rder the pre-emptee petitioner obtained the present rule. 7. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the petitioner submitted that the learned trial Court having considered the evidence and materials on record, held that the case is barred by limitation and accordingly dismiss..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......mmediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......f filed various cases and suits
for harassing this defendants. The plaintiff has no right, title and the suit
is to be dismissed with costs.
4. The learned trial Court on
consideration of the evidence and materials on record decreed the suit. As
against that the defendant petitioners prefer..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ...... records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......e believers of worshipping Vishnu, who are not entitled to offer Shashan Kalipuja not to speak of appointing a Shebait of the deity. The second point raised by the defendant is that there is no legal evidence about mismanagement and/or misappropriation of the deity's property. The third point is..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......ed 19.06.2002 under section 17(1) of Nari-O-Shishu Nirjatan Daman Ain, 2000. The learned Tribunal on 15.09.2002 framed charge against all the accused-petitioners and fixed the next date for taking evidence. 6. Being aggrieved by the order of taking cognizance and framing of charge the accus..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ...... no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......s were appointed by the Mayor of Barisal City Corporation who was the Executive head of the said Corporation and subsequently the appointments were rectified by the Corporation in its meeting as evidenced from (Annexure G) . Thus pursuant to section 36 of the Barisal City Corporation Ordinance,..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......er Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ......ed. The Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act No. XVIII of 1995); section 6(3) In a case with an allegation of rape, where there is no independent eye witness and the only evidence is that of the prosecutrix herself and of those to whom it was reported, the Courts are not..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
....tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......er
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......rail Court preferred appeal
before the District Judge, Faridpur. After hearing the parties the appeal was
allowed and the pre-emption case was remanded to the Trial Court for trial
afresh on fresh evidence giving opportunity to the parties.
7. After the
remand, the Trial Court after hearing..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......he learned Counsel for the accused petitioner as to whether the notice served or not, as required to be served under section 138 of NI Act, is essentially a question of fact, to be proved by adducing evidence at the time of trial, inasmuch as there is specific assertion in the complaint petition tha..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......udgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......ed charge against the accused petitioner No.1 under section 420/406 of the Penal Code and against the accused petitioner Nos.2 and 3 under section 420/406/34 of the Penal Code fixing 10.1.2007 for evidence. 5. Thereafter the accused petitioners moved this Court with this application for set..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......ed Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......ther claimed that they are in possession of the suit land and that the plaintiffs have no title or possession therein and prayed for dismissal of the suit. 5. The trial Court on consideration of the evidence on record found that- the suit land fell in the saham of Gagon Chandra Saha vide judgment a..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......t is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......2007 which is void ab initio, the entire proceeding and the judgment of conviction based on such void notice is also void and is liable to be set aside. 24. Mr. Ahsanul Karim then took us to the evidence given by the prosecution witnesses. He placed before us the relevant position of the eviden..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
.... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......)
Present:
Syed Md. Ziaul Karim J
Radha Shyam Sarker……………………………..Petitioner
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
......ards the defendant is depositing the rent in House Rent Case No.117 of 1985. Significantly, Tk. 40,000/- paid by defendant to plaintiff as advance is still lying with the plaintiff. On appraisal evidence on record it appears that evidence of defendant regarding payment of rents, advance money e..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......hellip;……………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appellant-Opposite Party Judgment June 25, 2009. Result: The rule is disc......lleged Bainanama out of greed and therefore the suit is liable to be dismissed with cost. 5. During the course of trial the learned Joint District Judge, 3rd Court, Dhaka on consideration of the evidence on record and papers, document and exhibits dismissed the suit of the plaintiff by his Judg..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ...... 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......l law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable dou..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......n. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......mination of plaintiffs witnesses are fraudulent acts of plaintiffs and all those, were shown to have been done fraudulently. 10. The defendants also miserably failed to prove by corroborative evidence, that their appearance in suit were fraudulently shown. There is no definite findings of t..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......e Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ...... 561A Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclo..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
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