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State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... not support accused Abul Kalam and worked for Habibur Rahman. Accused Abul Kalam was defeated in the said election. Being annoyed at this, accused Abul Kalam along with the terrorist elements of his party was making conspiracy to murder him and was looking for an opportune moment. On the date of oc......of the police station registered Patuakhali Police Station Case No.25 dated 24.3.2003 and filled in the formal column of the FIR. P.W.18 S.I. Md. Shahjahan was entrusted by the officer in charge with investigation into the case. During the course of investigation he visited the place of occurrence a..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....aka being Petition Case No.7 of 2006 against the Opposite Party Nos.2 to 8 herein under section 8/30 of the Nari-O-Shishu Nirjatan Daman, (Sangsodhan) Ain, 2003 stating, inter alia, that the opposite party Nos.2-8 abducted the 6 years old daughter of the complainant at about 8 p.m. on 3.12.2005. At ......that in course of such free fight complainant was hurt and that evidence was not available regarding demand of 50,000/- as ransom is defence version and wholly irrelevant and unwarranted. The mode of investigation by way of examination of interested person collected by the inquiry Officer in the nam..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....l was justified in not correcting the mistakes as apparent from record under section 173 of the Ordinance? 12. Mr. A. B. Siddique, learned Advocate for the applicants challenged the rejection of a part of the receipts out of construction business which were supported by the payment certificates i......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. ..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....reserved and used there and the victims died from sustaining burn injuries. It is further stated that the alleged, dying declaration of the victim is not worthy of credence. 9. After hearing the parties and on an appraisal of the evidence and materials on record and in view of the facts and cir......al in a critical condition for treatment. On the basis of the said first information report, Lalbag Police Station Case No.15 dated 9-4-2002 was initiated. Hence, the case. 4. The Police took up investigation of the case, visited the place of occurrence, recovered injured victims from the place..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....itioners in the writ-petition as the writ petitioners have filed the writ-petition challenging the cancellation of the approved plan of the said Building. The cordial principle of law for addition of party has been provided in rule 1(10) of Order I of the Code of Civil Procedure is that a person is ......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. ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....e charge levelled against the accused-appellant and defence examined none as D.W. but cross-examined the prosecution witnesses. The defence case was that of innocence and there was enmity between the parties and the informant was a woman of loose moral character and informant only to harass and hu......ssore. Informant lodged this case by submitting a written First Information Report. ASI Quamruzzaman the then duty officer registered the case. The then Officer-in-Charge endorsed the case to him for investigation. During the course of investigation he visited the place of occurrence and prepared ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....inal) Present: AKM Fazlur Rahman J Sheikh Abdul Awal J Md. Hanifa and another……………………Accused-Petitioners Vs. The State…………………….Opposite party Judgment July 17, 2007. Result: The Rule is made absolute. Lawyers I...... might have killed his younger brother. Upon the aforesaid allegation Raipura Police Station Case No.21 dated 30.08.2006 under sections 302/34 of the Penal Code was started. 3. Police during investigation of the case arrested the accused petitioner No.1) Md. Hanifa on 31.08.2006 and accuse..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
....ed upon. He then referred I.L.R. 42 Privy Council 801 cal, wherein
it has been held as follows:-
"When the
actings and conduct of the parties are founded upon, as in the performance or
part- performance of an agreement, the locus
penitentia, which exists in a situation where the pa......ppellant. Under these facts and
circumstances the trial court should have decreed the suit which is required to
be set aside. He further by referring Ext.A order sheet in Case No.1/78-79 and
the investigation report as submitted was not proved by any witnesses for the
defendants, therefore, ..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... Result: The appeal is allowed. The Evidence Act, 1872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirmative of the issue. In a criminal trial, the burden of pro......ettled that the accused will pay 60,000 as dowry and also give 5 Kedar of land, but the terms of compromise was not complied with fully. Hence this case. 4. SI Niranjit Kumar Chandra took up the investigation who visited the place of occurrence, prepared sketch map with separate index, examined..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....y General - For the Respondents. Writ Petition No.1321 of 1997. Judgment Mir Hashmat Ali J.- This Rule was issued calling upon the Respondents to show cause as to why the inclusion of part of home-stead Plot No.893 in the acquisition proceeding being L.A. Case No.1 of 1095-96 should ......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)
....de, 1860 (XLV of 1860); section 34 In order to attract the section 34 of the Penal Code, it must be established first that a criminal act has been done by several persons and secondly that all the participants intended that the criminal act should be done and lastly that the criminal act has been......t Information Report Khilgaon P.S. Case No.70 dated 29.05.2002 under sections 143/448/326/307/302/34 of the Penal Code was started. 6. On receipt of the First Information Report police took up the investigation. In the course of investigation police visited the place of occurrence, prepared the i..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....r unknown 15/20 person armed with deadly weapons like Pistol, Chapati, Ramdao, Chines Axe, Dagger, forming an unlawful assembly, attacked him where one Asgar and Monir inflicted injuries on the vital part of the body like head with the help of Chapati where as other accused like Sorhab, Biplob, Mosa...... where this case was recorded as Manikganj PS Case No.11 dated 20-7-1999 punishable under section 148/149/302/114 of the Penal Code and the same was handed over to SI Nur Uddin Ahmed, P.W.16 for investigation who reached to the hospital for preparation of inquest report of the deceased Exhibit ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, should not be pursued to the point of absurdity so that the substantive issues between the parties are lost and justice frustrated by technicalities. In Writ Proceedings, which is an equita......on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....etitioners. Ramzan Ali Sikder, Advocate — For the Opposite Party. Civil Revision No.4128 of 2004. Judgment Bijan Kumar Das J. -This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 5-5-2005 passed by the learned A...... 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. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....00684 acres by inheritance from Seraj Mia through father and 0.00973 6 acre by purchase from other co-sharers like mother Rehaton Bibi and sister Dud Meher total being 0.01657 acres and on amicable partition petitioners' predecessor, late Amir Hossain obtained 0.0219 acres of land from western si......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....h Md. Ibrahim Khalil, Assistant Attorney-General and Shirin Afroz, Assistant Attorney-General - For-State-Respondent. Criminal Appeal No.2909 of 2004. Judgment AK Badrul Huq J.- Rape apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of ...... Laila was admitted in Rabeya Clinic on 27.5.1999 at 7 p.m. and on completion of treatment she was released on 2.6.1999. P.W.9 Khondker Ayub Hossain proved First Information Report and, also, took up investigation of the case and performed part investigation. P.W.10 Dr. Kamuda Proshad Shaha claimed ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
....o appeal were preferred by the defendant No. 1 appellant. 8. Thus it appears that the plaintiff was always willing and ready to pay the balance consideration money and there is no latches on his part but he could not tender the balance consideration money earlier as up to 1992 income tax clea.......50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
....ss-examination P.W.3 stated that the police told him that they recovered the arm and ammunition from the possession of the accused persons. 6. P.W.5 corroborated the testimony of P.W.1 in material particulars as regards the time, the place and the manner of recovery of arms and ammunition and oth...... view of the above we do not give any credence to the testimony of this witness. 7. P.W.6 is the investigating officer of the case. He stated that after the institution of the case, he took up the investigation, prepared sketch map with index, examined the witnesses under section 161 Cr.P.C. and ..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....Court Division (Civil) Present: ABM Khairul Haque J Hafizuddin and another……………………Petitioners Vs. Moherjan & Others……………………Opposite parties Judgment January 16, 2007. Result: The Rule is discharged. General......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. ..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)
....harif Uddin Chaklader J Sheikh Abdul Awal J Md. Kamruzzaman Babul and others……………………Accused-Petitioners Vs. The State and another……………………Opposite parties Judgment November 19, 2006. Result: The Rule is made absolute. La......ion Case No.06 dated 03.11.2001 under section 6(1)/7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 was started. 4. Thereafter, one Md. Tafazzal Hossain, sub inspector of police took up the investigation and during investigation examined the witnesses under section 161 of the Code of Crim..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
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