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Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....ated his innocence. 8. The defence case as could be gathered from the trend of cross-examination is, that there is no dispute between the victim and the accused appellant; that the victim at the relevant time was major in age and according to their common consent, they married each other on 16-...... 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. ......ip;….Respondent Judgment June 3, 2007. 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 affirma...... 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)
....such documents. He further submits that there are disputed question of facts in the instant writ petition. He further submits that annexure- 'A' which was annexed in the writ petition arc not relevant to the petitioner. The annexure of 'C' series map relates to disputed question of f......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. ......bdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandpur and others……………………….Respondent......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
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....রে আমার গাড়ী নম্বর ০৩-৩০৯১ ক্ষতিগ্রস্থ হয়েছে। He denied the defence suggestion that he was not driver of that car at that relevant time. 55. P.W.15, Dulal Kanti Barua is another driver of Atlas Bangladesh Ltd. who in hi...... 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. ......iminal Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J The State……………………………State Vs. Yeasin Khan Palash alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismis...... 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. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ight in their presence. Moreover, all these condemned-prisoner have created a limitation even in formulating their probable defence by absconding themselves and their such abscondence has become relevant which contributes much to prove the guilt of the accused-persons. 57. It is common hum......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 ......3; State Vs. Ershad All Sikder, 8 MLR 133; Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193; State Vs. Moslem, 55 DLR 117; State Vs. Sahidul Haque, 8 BLC 132; Rustum Vs. State, 11 BLC 467; Sarafat Mandal @ Mander Mondal Vs. State, 11 MLR 168 = 11 BLC 1; Mostain Mollah Vs. State, 44 DLR 295; Rajast......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 ..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....al No.13 of 1999 dismissing the appeal and affirming those dated 17-1-1999 passed by the learned Assist ant Judge, Chitalmari, Bagerhat in Title Suit No.217 of 1985 dismissing the suit. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold...... 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. ......ourt High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Shamsur Rahman Khalifa......................Plaintiff-Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. ......es adduced evidence. The plaintiff examined 4 P.Ws. and the defendant examined 3, D.Ws. The plaintiff's documents were marked as Exhibit 1, 1(ka), 2, 3, 4, 4(ka) and the defendants' documents were marked as Exhibits Ka, Kha, Ga, Gha, Uma, Uma(1)-Uma(4), Cha, Cha(1) and Chha. 5..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ......d in: 61 DLR (HCD) (2009) 151. ......শ-২)১৯৭ dated 27-3-2006 (Annexure-D), sought opinion from the PSC for making them permanent as ASP with effect from 1999 as well as their promotion. 10. The PSC, after examining all documents vide its office memo No. বাসককস/ ইউনিট-৪/জ্যৈষ্টত..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....ent to prove that the case property is an abandoned property. It has been well settled that the duty upon the person, who claims that the property is not an abandoned property, to show that at the relevant time i.e. when President's Order No. 16 of 1972 came into force, the owner of the property......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. ...... Present: ABM Khairul Haque J SM Ziaul Karim J Bangladesh, represented by the Secretary, Ministry of Works………… Petitioner Vs. Chairman, First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is ma......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. ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....Assistant Judge, Sadar, Rangpur in Miscellaneous Case No.50 of 1998 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the petitioner claiming himself to be a tenant under the ......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. ......ears - For the Opposite Party. Civil Revision No.2951 of 2002. Judgment Shahidul Islam J.- By this Rule the Opposite Party was called upon to show cause as to why the impugned Judgment and order dated 27.4.2000 passed by the learned Joint District Judge, 3rd Court, Rangpur in Miscella...... Courts below erroneously hold that there exists no landlord and tenant relationship between the opposite party and the petitioner. He took me to the exhibit-5, 7 and 7(a) and submitted that by those documents the petitioner was a tenant under the opposite party. He prayed for an interference as aga..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....and F recorded in Writ Petition No.32 of 1987 and Writ Petition No.372 of 1989 respectively and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for the disposal of this Rule is, that in 1983 Dhaka City Corporation took over the manage......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. .................Respondents Judgment April 29, 2007. Result: The Rule is disposed off. Nature of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, shou......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)
....ferred to by the learned Advocate for the opposite parties, namely 57 DLR 93 does not call for any consideration as the facts are distinguishable. The learned District Judge has on application of the relevant provision of law correctly rejected the prayer for rejection of plaint. Section 73 of the 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. ....... This Case is also Reported in: 61 DLR (HCD) (2009) 780. ...... 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
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......se a party can be added even in a proceeding in Revision stage. 13. Ran an eye on contents embodied in the petition for addition of parties as well as statements in the Supplementary Affidavit and papers and documents annexed in Supplementary affidavit. Perused counter-affidavit presented by plai...... cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......can be added even in a proceeding in Revision stage. 13. Ran an eye on contents embodied in the petition for addition of parties as well as statements in the Supplementary Affidavit and papers and documents annexed in Supplementary affidavit. Perused counter-affidavit presented by plaintiff petit..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......ing the auction notice in accordance with law but sufficient bidders having not responded the same could not be sold at a reasonable price earlier. Then sale proclamation notice was published in news papers fixing 28.9.2003 as the fresh date for auction when several bidders participated and responde......ain Hider J
Farah Maybug J
Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka ………………Petitioner
Vs.
Judge, Artha Rin Adalat No.3, Dhaka and others……………………Respondents
(Writ Pet......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......) (2007) 321, 13 BLC (HCD) (2008) 271. ......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
.....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: ......1/- from the plaintiff as earnest money the defendant No.1 executed a bainapatra in favour of the plaintiff on 19.02.1985. There was stipulation that defendant No.1 after procuring necessary papers would inform the plaintiff and thereafter, on receipt of the balance consideration money with......e, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondents. Civil Appeal No.173 of 2003. Judgment MM Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 28.01.2002 passed by a Division Bench of the High Court Division in Civil Revision N.......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
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....16, 2007. Result: The Rule is discharged. Generally, in deciding an issue of abatement of the suit, the actual date of death of the concerned plaintiff or the defendant is very much relevant. However, if the learned Judge finds that there are sufficient causes for non appearance o......r. A.R.M. Hasanuzzaman, the learned Advocate appearing on behalf of the petitioners took me through the Order No.68 dated 8.7.1987 and the Judgment and order dated 30.7.1987 and also various other papers kept with the record. He submitted that the original plaintiff died on 28.7.1984, as such, t......d parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......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)
....ugh investigation submitted final report under section 173 of the Penal Code, vide Final Report No.55 dated 13.03.2003. In the facts of the present case it would be useful if we reproduce here the relevant portion of the Final Report dated 13.03.2003 (Annexure-B), which reads as follows: ...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ......ported in: 13 MLR (HCD) (2008) 68. ...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ..Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....ide of her neck. 27. P.W.11 S.I. Md. Mesbahuddin was the Investigating Officer and he gave testimony about his investigation works and at his instance inquest report, seizure list and other relevant of documents were admitted in evidence. He deposed that the accused was arrested ......ire state defence at Government expense. If the Sessions Judge finds that it is necessary to appoint a Counsel for the accused, he shall at once take necessary steps to that end and make all relevant papers including a copy of the brief available to the Advocate appointed for the aforesaid pur&......llip;…………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is allowed. Cases Referred to- Gourango Kumar Shaha Vs. State, 2 ......eck. 27. P.W.11 S.I. Md. Mesbahuddin was the Investigating Officer and he gave testimony about his investigation works and at his instance inquest report, seizure list and other relevant of documents were admitted in evidence. He deposed that the accused was arrested by him and h..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......ccused Ismail Mollah alias Galu, choose to make any statement. It appears that a written statement was submitted on behalf of accused Ismail Mollah alias Galu and Md. Eunus Mollah annexing by firisti papers relating to several cases in an attempt to show previous dispute and enmity between them and ......n (Criminal Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J The State…………………………………………..Appellant Vs. Shahid Javed Gaira @ Garib Miah and others……………………………Opposite Parties Judgment August 29, 2006. Resu......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ......es of the case, it will be better to have expert's opinion by examination and comparison of the LTI's of Fuljan Bibi appearing in the sale deed with those admitted and available in some other papers of the suit and to thus enable the Court to come to a correct decision as to the claim of the...... This Case is also Reported in: 15 BLT (HCD) (2007) 306. .......104-106 claimed that original document was lost. He submits that the onus being upon the plaintiff to show that the plaintiff Fuljan Bibi did not put her LTl's at the time of registration of the documents in question rather the same was registered by forging her LTI's, so the plaintiff-peti..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......d. Then defendant No.1 was taken to the house of the Hakmat Ali, who is the sister's husband of the plaintiff No.1 where miscarriage was caused by force and her signature was taken on different blank papers and using those blank papers they created a talaknama but in fact defendant No.1 never divorc...... Present: Md. Abdul Matin J ATM Fazle Kabir J Mst. Kabita Khatun………………………………………………………petitioner Vs. Md. Tarikul Islam (minor) and others…………………………opposite Party Judgment August 7, 2006. Resu......mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
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