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Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......h any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ...... not realize though there were contradictions in the deposition of the P.Ws. and as such the same was liable to be set aside. He further submitted that the trial court even failed to realize the evidence of interested witnesses such as P.Ws.1, 2, 3 and 4 and the rest deposed contradictory and ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......end a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209. ......mentary affidavit, he submits that several adjournments are being granted mechanically by the Tribunal since inception of the case, and the learned Tribunal Judge has not yet been able to record evidence of a single prosecution witness. At last the case has been fixed for examination of witnes..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....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. ......vil Jurisdiction) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others…………………….Opposite Par......ed 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 plaint which are to be considered to come to a findin..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....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. ......municate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ...... discarding other materials on record, as such, the impugned judgment and order is liable to be set aside. Learned Advocate further submits that there are sufficient direct and also circumstantial evidence against the accused opposite parties proved by the prosecution through independent disin..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......sed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ...... above five cases, the petitioner obtained 5 Rules from this Court. 16. Mr. A.K.M. Badruddoza, learned Advocate appearing for the petitioner in all the Writ Petitions, submits that there, was no evidence on record to hold that the petitioner terminated the services of the respondents for their ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....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. ......from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ......imprisonment The provision of law as regard burden of proof is, that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ...... Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......onding accused. 8. In order to bring home the charge against the instant condemned prisoners and other accused prosecution produced 18 witnesses before the tribunal below. After the closure of the evidence of the prosecution witnesses other accused who were present before the tribunal were examin..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....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. ...... with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ...... Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or material produced by the complainant at the enquiry not the oral testimony or any materi..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ...... negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ......y chartered accountants and the Appellate Tribunal erred in law in maintaining such wrong assessment of receipts. 13. He submitted that when the receipts in all the cases were proved by sufficient evidence, the Assistant Commissioner of Taxes had no authority to reject a part of said receipts and..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....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. ...... 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. ...... sole basis of conviction The dying declaration has been written by a responsible Magistrate in presence of the witnesses and the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was quite capable to speak and the la..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....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. ....... 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. ......lained to the accused-persons who pleaded not guilty and claimed to be tried. 8. The Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat, Jessore after concluding the trial and on consideration of the evidence on record found the accused-appellant Md. Abdul Majid guilty under section 6(1) of the Nari..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....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. ......ce. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......es. After going through the judgment of the Appellate Judge I find that the judgment is well reasoned and the learned Appellate Judge adverted to all the findings of the Trial Judge by discussing the evidence on record and the exhibits. After going through the gift deed of 1951, I find that there wa..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... 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. ......the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386. ......rmative 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 evidence adduced by the accused in support of its defence to rest its case solely thereon. In a crim..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......e is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... 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. ...... 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. ......ants intended that the criminal act should be done and lastly that the criminal act has been done in furtherance of common intention shared by all the offenders……………………(80) Witness evidence Mere relationship of the witnesses or relationship with the victim do not make them unre..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....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 ......rintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......ivalry; as such he is liable to be acquitted but for other absconding condemned-ccused no specific case is found to have been made out alleging their false implication. 13. Considering all these evidence on record and the alamat, collected and produced at the time of trial, the learned Judge of..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......d in: 13 BLC (HCD) (2008) 873. ...... Acquisition and Tenancy Act. The order passed in the said Miscellaneous case was a valid order. The plaintiff had no title and possession in the suit land. 4. Both the parties adduced evidence. The plaintiff examined 4 P.Ws. and the defendant examined 3, D.Ws. The plaintiff'..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......ated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......operty from the list of abandoned properties holding, inter alia, that the Government could not show as to how the case property came under the control and management of the Government. There is no evidence in the Government file that the Government took over possession after complying with the m..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....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. ......ip;……………………Opposite party Judgment May 3, 2007. Result: The Rule is discharged. Lawyers Involved: S. M. Abul Hossain - For the Petitioner. No One appears - For the Opposite Party. Civil Revision No.2951 o......nst the impugned Judgment and order. 8. No one appears to oppose the Rule. 9. I have heard the learned Advocate for the petitioner and I have perused the impugned Judgment and order and the evidence on record very carefully and meticulously. 10. On perusal of the application made sect..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... 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. ......ate. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......e prayer for rejection of the plaint and on consideration of the statements made in the plaint and also in the application for rejection of the plaint, came to the conclusion that the statements need evidence during trial of the suit and the plaint cannot be rejected under Order VII, rule II of the ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
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