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Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......t rush to the spot the accused respondent would have violated her daughter which might have put stigma for her whole life. On the basis of the said first information report Mohammadpur Police Station case No.07 dated 19-1-2006 under section 9 (4) (kha) [as written in the FIR, though in the law there......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ......ed their marital tie. He ravished her for long time creating her wrong impression in her mind that the marriage between them had taken place. 3. On the basis of that FIR Sunamganj Police Station case No.2 dated 3-1-2009 corresponding to GR No.2 of 2009, under sections 9(1)of the Ain against the......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......e Zahir, Deputy Assistant-General - For the State. Criminal Miscellaneous Case No.30891 of 2011. Judgment Md. Anwarul Haque J.- One Masud Mahiuddin alias Masud accused Kalabagan P.S. case No.10 dated 24-9-2011 punishable under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 20......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ......ill convert the suit form specific performance of a contract to a suit for declaration of title, which is not permissible in law as the Appellate Division of the Hon'ble Supreme Court in the case of Golam Kader. Being dead his heirs Nurun Hahar Begum Vs. Abdul Khaleque Choukder, reported in...... Court can pass a decree which is unexecutable The averments and statement made in the application under Order I Rule 10 of the Code of Civil Procedure that 3rd party petitioner claimed the suit land on the basis of prior heba-bil-ewaj deed and also by purchase from defendant No.1 and title and..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ...... Station Gangni, District-Meherpur. However on 17-11-1996, the accused Md. Bazlur Rahman came to the house of the informant and demanded some money from his father-in-law through his wife Tanu and in case of non-compliance with the said demand, the said accused told her that he would shoot her to de......urshid Alam Khan argues that had the petitioner absconded by misusing the privilege of bail at some point of time during the trial of the case, his fate would have been sealed once for all; but the landscape is otherwise. In this regard, we see eye to eye with Mr. Md. Khurshid Alam Khan. In such a..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......lip;…….......Opposite-party Judgment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated in that case on the basis o......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ......ss gazetted Government Officers as per the Gazette Notification dated 26-10-1979 (Annexure-A) and/or pass such other or further order or orders as your Lordships may deem fit and proper." 3. The case of the writ-petitioner-respondents (hereinafter referred to as the writ-petitioners), in shor......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520........ Victim Anita was shifted to the local hospital and then to Dhaka for treatment. Shrimoti Chaloky (P.W.1) lodged and FIR over the incident narrating the above facts. Prosecution in support of its case examined 16 witnesses and tendered one witness. 4. Mr. Nurul Islam Sujan, learned counsel ap......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......Case No.558 of 1999, arising out of complaint petition Case No.1081 of 1997 obtained the present Rules calling upon the Opposite-Party to show cause as to why the proceeding of the said sessions case should not be quashed. 2. Since the facts and questions of law are same in all the R...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sustainable in law. Plaintiff is to prove his case The case of the defendants have been established by credible evidence although as a...... by Rosomoy Chandra Nath in favour of Abdul Hashem are forged, fabricated, void and not binding upon the plaintiffs. 3. The plaintiffs brought the suit stating inter alia that some 1.13 acres of land covered by two SS plots namely, 2088 and 2007 appertaining to Khatian No.1220 of Mouza Kum..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......aka in Druta Bichar Tribunal Case No.23 of 2006 convicting the appellant under Section 19A of the Arms Act and sentence him to suffer rigorous imprisonment for 30(thirty) years. 2. The prosecution case, in brief, is that on 19-8-2001 Detective Branch of Police (DB Police), upon a secret informati......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......e year more. 4. The Death Reference and all these Appeals having arisen out of the common Judgment. These have been heard together and are being disposed of by this Judgment. 5. The prosecution case as projected in the first information report and unfurled at trial are that Mosammat Sakhina Kh......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......o.1 of 2007 convicting the appellant under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him to suffer simple imprisonment for 3(three) years. 2. The short fact of the case is that one Deputy Director of Anti-Corruption Commission, Comilla District Office, filed a pet......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......p;……….Condemned-Prisoners Judgment November 17, 2011. Result: The Appeals are allowed. Evidence of interested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relie......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......s a relevant factor requiring due consideration in a fair decision-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. (3) The legitimate expectation has to be determined not according to the claimant's perc......on of the TV station. The appellant-company has employed about three thousand employees in various levels all over the country. The appellant-company following all the provisions of law of the land and various NOCs issued by the Government and the BTRC as well carried out test-transmission s..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......hahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: The appeal is dismissed. Onus and presumption as to service of summons In case of allegation of non-service of summons upon the defendant/opposite party, as the case may be,......ellant as pre-emptor filed Miscellaneous Case (Preemption) No.28 of 1995 in the Court of Assistant Judge, Natore, under section 96 of the State Acquisition and Tenancy Act for pre-emption of the land transferred by registered kabala dated 27.02.1995 in favour of pre-emptee respondent Nos.1-4. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......spondents to implement the provisions of Section 12(c) of the Antiquities Act, 1968 and Rule 61 of Dhaka Metropolitan Building (Construction, Development, preservation and Eviction) Rules 2008, in case of construction near Lalbagh Fort should not be declared to have been done without lawful auth......ence the petitioners move this Public Interest Litigation (PIL) before this Hon’ble Court. 5. A report was published in the Daily Ittefaq on 13.10.2010 under the caption, “Lalbagh Fort’s land is Being dispossessed”. It was reported in the newspaper that a few powerful local people, i..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......, 2011. Result: The death reference is accepted. Proving of motive, not an essential element to find the accused guilty It is now almost an obsolete dogma that in a criminal case proving of motive is an essential element to find the accused guilty where there is evidence of......ate houses. The house of Matiur Rahman @ Mati is 15-20 hands away to the northern side of his house. At the time of occurrence Shahidul Islam was at Quater. Matiur Rahman @ Mati had got 0.29 acres of land from their father. Mati sold his land in 1985 to Shahidul Islam. He adds that Jalil Matbor, Raj..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ......on. 2. The facts involved for disposal of the Rule are as follows:- The petitioner and others as plaintiffs instituted a suit for declaration. The defendant Range Officer contested the case. The defendants contested the suit on presentation of a written statements. The learn......d others …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ...... Mere communication of the decision to the borrower does not vest any right in him to claim a write off. …………………….(12) Abuse of process of the Court The scenario of this case provides a glaring example of abuse of the process of Court by an influential person in ord......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
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