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Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....gainst her will for which he was convicted under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 27. The fundamental and basis presumption in the administration of criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are p......neka Begum was examined by the medical officer but in the medical report, there is no sign of rape and of bite. Thus the prosecution has totally failed to prove the allegation of rape and bite by any documentary evidence. 32. It is the allegation of the defence that no independent and disintere..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
.... the suit which was filed before section 47 came into force was neither discussed nor decided in those judgments. Rather, the Appellate Division did not interfere in that case only for doing complete justice but did not consider the legal aspects involved in the matter. Moreover, the facts and circu...... (hereinafter referred to as 'the house'). Accordingly, he mortgaged the house in terms of a mortgage deed registered on 6-5-1990 in favor of the Bank. The petitioner also executed some other documents for securing the loan. The petitioner obtained the loan with simple interest of Taka 13.6%..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....y of 12 year. The learned Counsel finally submits that the lower appellate Court failed to apply his judicial mind in considering the most important legal aspect of the case occasioning failure of justice which is liable to be interfering by this Court. 9. No one appeared at the time of hea......examined 2 witnesses and the defendant examined only 1 witness Tahsilder to prove their respective cases. The learned trial Court after hearing both the parties and perusing the evidence on record document and exhibits and also the Hukum Nama came to a finding that the plaintiff failed to establ..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....damental right guaranteed under Article 31 of the Constitution and that if any law is contrary to the dictum of the Constitution, that law should be deleted or at least ignored in the dispensation of justice. The learned Amicus Curiae next submitted that the provisions of the Emergency Rules so far ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
....gered the hearing of the suit for days together. He submitted that still the review-petitioner has got his influence in the locality. So, the opposite-party apprehends that she will not get fair justice in that Court. 4. We have heard the submissions of the learned Advocates of both the p...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
....National Board of Revenue for adjustment of the aforesaid input VAT. As the petitioner received no reply, it was constrained to serve a legal notice dated 26.04.01 upon said respondent No.2 demanding justice for early disposal of the prayer. By his letter dated 30.04.01 said respondent No.2 communic......78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....n or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the petitioner or it has acted malafide or in violation of the principle of natural justice. This- view is underpinned by the decision in the case of the Government of Bangladesh Appel......g the case property through the Indian High Commission as an allottee thereunder. However, the petitioner attempted to get her name mutated in the records of the DIT (now RAJUK) submitting some fishy documents; but ultimately, her prayer for mutation was turned down. The Government legally and valid..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....ring on behalf of the accused-appellants submits that he has no other ground to seek bail except the ground of long pretrial detention. It is pointed out that the accused persons have right to get justice within a reasonable time, otherwise the Court should not hesitate to release him from cus......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. ..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......ter system was elaborately described as hereunder:
I. To release the consignment of imported goods the importer himself or his C & F agent fills up the Bill of Entry Form and fix all necessary documents concerning the import along with the said Form, a specimen of which is Annexure-X. The imp..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
.... suit." 9. The learned Counsel lastly submits that the learned Judge of the Court of appeal below committed an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned judgment and order. 10. Mr. Golam Hossain Sarwar, the learned A......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
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ntal principles of section 342 of the Code causes prejudice to the accused. This section confers a valuable right of the accused and at the same time gives an opportunity to the Court to administer justice in accordance with fundamental principles of criminal justice. It is eminent that it is the...... under sections 302/34 of the Penal Code to which the accused persons pleaded not guilty and claimed to be tried. 6. At the trial, the prosecution examined 16 witnesses and exhibited series of documents in support of its contention. The defence examined none. 7. After the close of the p..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....to the complainant to adduce evidence is ex facie unlawful and contrary to provision of Section 27 of the Ain, 2003 and resulted in the abuse of the process of the court and has occasioned failure of justice and as such it is liable to be quashed for the ends of justice. The learned advocate further......e………………………………..........................................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 the complaint of the offence alleg..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....the Penal Code. As to sentence of convict-appellants, we find that they are in the condemned cell since 9-3-2003 and having regard to other facts and circumstances of the case, we find that ends of justice would be sufficiently met if the death sentence imposed upon the convict-appellants Saidul a......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 language of the document appears natural and reliable. Such written dying declaration which has been properly admitt..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......ority and/or maintain prescribed height under the Civil Aviation Rules, 1984. The writ-petitioner further contended that the Airport had been abandoned. But the writ-petitioners failed to produce any document as evidence to that effect before the Court. It is reiterated by the appellants that thou..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
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. ......he did not investigate the case properly and after perfunctory investigation he submitted charge sheet. 60. In a case of rape, Medical Examination Report is the most important vital and material document for the prosecution to prove the charge of rape. In the instant case, no doctor's certifica..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
....the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......has as per P.O. 98 of 1972 and the suit is maintainable and
prays for dismissal of the suit.
4. The trial court
after perusing the depositions of 14 witnesses and considering the evidences,
documents filed by the plaintiff dismissed the suit, against which the
plaintiff preferred this app..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....eing a Muslim there is no scope for application of the principles of Mohammedan Law and as such the Appellate Judge committed error of law resulting in an error in the decision occasioning failure of justice. 10. Mr. Hasan Foez Siddique who submits in this connection referring to the provision of......laintiffs adduced 4 witnesses including plaintiff No.7 as P.W.1 in support of their case and the defendants examined 2 witnesses including the defendant No.1 and both parties exhibited and filed some documents. The learned Assistant Judge on consideration of the materials on record was pleased to de..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused and till the charges are proved beyo...... 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
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. ......hers……………………….Respondents Judgment June 3, 2007. Result: The Rule is discharged. Evidentiary value of Photostat documents Photostat documents without any authentication have no evidentiary value under the Ev..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
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