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Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......………..……………….Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Ho......nce under Order XLI, 1 rule 27 of the Code of Civil Procedure. The learned District Judge has taken additional evidence in respect of both documentary and oral evidence and, on consideration of those documents, came to the conclusion that a marriage took place between the plaintiff and the defendant..Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)
....re mala fide, arbitrary and must be held to be of no legal effect. 32. Mr. AJ Mohammad Ali, learned Attorney-General, appeared on behalf of the respondent No.1 and 2. He took us through the relevant provisions of the Act and submitted that the government under sub‑section 2 of section 3 ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ...... in: 57 DLR (2005) 345. ......istry of such formation and the Ministry shall take all necessary steps for transferring to the Committee the overall functions and responsibilities of the Frequency and Wireless Board including documents relating to allocation of radio frequencies made prior to the commencement of the Act. Ann..Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....-examine the witness who gives evidence against him is a very valuable right and if it appears that effective exercise of this right has been prevented by enquiry officer by not giving to the officer relevant documents to which he is entitled, that inevitably would mean that the enquiry had not been......resented full picture of the case programmed by him and explained circumstances which led P.W.1 and his family members to implicate him in the false case. Convict-appellant, also, under a list placed papers and documents in support of the contents comprised in the written statement. Learned Trial Ju......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL......তিষ্ঠার প্রয়োজনে আমার সপক্ষে সাফাই স্বাক্ষী দেবার ইচ্ছা পোষণ করিতেছি। Some documents had been field under firisti in aid of fundamental contentions comprised in the written st..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....th the causing of death by rash and negligent driving. For conviction under this section, proof of rash driving or riding on any public way is essential. The prosecution has the obligation of proving relevant facts from which the inference of negligence can be drawn. 23. The established princip......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......on Act, feels satisfied upon the facts of the case under consideration that the explanation given for the delay is sufficient, the discretion under section 5 of the Limitation Act should be exercised and the court should take a liberal view in considering the sufficient cause shown by the applicant.......ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....e Criminal revisional application should not be condoned. 2. Heard the learned Advocate for the petitioner and learned Assistant Attorney-General for the State. Perused the application and other relevant papers. 3. The prosecution case, in short, is that one Abdul Gafur filed a case of mis......l revisional application should not be condoned. 2. Heard the learned Advocate for the petitioner and learned Assistant Attorney-General for the State. Perused the application and other relevant papers. 3. The prosecution case, in short, is that one Abdul Gafur filed a case of misappropria......ellip;……………………Opposite Party Judgment June 13, 2005. Result: The Rule is discharged. Cases Referred to- Md. Saleh and another Vs. Messrs United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Syed A......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....rder IX, rule 13 of the Code of Civil Procedure which was ultimately dismissed. However, the Settlement Case No.177 of 1988 was dismissed by the First Court of Settlement in flagrant violation of the relevant provisions of the Ordinance No.54 of 1985 by the Judgment and Order dated 26-11-1995. In vi......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......so Reported in: 13 BLC (HCD) (2008) 247. ......f the Settlement Case, the property in question was allotted to one Abdul Motaleb and Sheikh Alam. However, at a subsequent stage, the Government cancelled the allotments granted in their favour. The documents marked as Annexures-H series and annexure-L were placed before the Court of Settlement and..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ...... as to costs and the respondent No.2 is hereby directed to seek information from the candidates on affidavits sworn in by the candidates furnishing the following information along with the nomination papers for the election to the house of the Nation. a. Academic qualification with certificate ......14) 9. ......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)
.... by submitting false certificate got promotion in the post of Assistant Head Master. 15. P.W.2 Md. Idris Miah deposed that as per direction he submitted educational certificate, service book and relevant papers of the accused to the Deputy Director, Directorate of Primary Education, Dhaka. In h......tting false certificate got promotion in the post of Assistant Head Master. 15. P.W.2 Md. Idris Miah deposed that as per direction he submitted educational certificate, service book and relevant papers of the accused to the Deputy Director, Directorate of Primary Education, Dhaka. In his cross ......dgment Siddiqur Rahman Miah J.- This criminal Appeal under section 410 of the Code of Criminal Procedure at the instance of the appellant Muzaffar Hossain Sarker is directed against the judgment and order dated 2‑11‑2002 passed by the learned Special Judge (District and Sessions Judge), Com......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 3
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....by the learned Magistrate, First Class, Kushtia in GR case No.73 of 1993 acquitting the opposite parties from the charge under sections 325/323 of the Penal Code respectively. 2. The short facts relevant for the disposal of this revision are that on 4‑3‑1993 the petitioner lodged a first in......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ...... (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Sheikh Abdul Quddus................................................Petitioner Vs. Akram Sheikh @ Akram and others............................Opposite Parties Judgment May 16, 2005. Result:......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
....essional statement the former Chairman respondent Abdur Rouf Sardar of Nagurghata Union Parishad was stated to have been serving a sentence in jail in connection with a criminal case at the relevant time. Respondents Al-haj Md. Abdus Sabur and Md. Khalilullah alias Jharu are stated to have...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......n all appeals)……………………….Appellant Vs. Md. Mominullah (Median) (In Criminal Appeal No. 3 of 1999) Eskan @ Sheikh Eskander Mirza (In Criminal Appeal No. 4 of 1999) Md. Abdul Kalam @ Kalam (In Criminal Appeal N...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....Settlement dismissed the case on the findings that no oral evidence has been adduced from the side of the petitioner i.e., respondent No. I herein, that Sahera Khatun was present in Bangladesh at the relevant time and her whereabouts were known, that the alleged oral gift has not been established by......rimarily that Sahera Khatun and her daughter Anwari Khatun were absent from Bangladesh and that their whereabouts were, not known when the law relating to abandoned property came into force, that the papers relating to gift have been manufactured to grab the property, that as the property vested in ...... ......background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....ent of the construction work, the Civil Aviation Authority has given clearance to raise the building up to 114 sq. ft which was obtained by the Rajuk. Mr. Haque has summed up his argument placing the relevant provisions of the Building Construction Act, particularly section 3B, and in fine, he says ......ority as apprehended by the petitioner because Rajuk has not stated anything why the plan has not been approved. 7. Mr. Rafique-ul Huq, the learned Counsel has, placing the writ petition and the papers annexed thereto, firstly submitted that the petitioner in order to construct a multi‑storie......in: 57 DLR (2005) 762. ...... time of submission of the application for sanctioning the plan, submitted mutation certificate and rent receipts and the petitioner by their letter dated 21‑5‑2002 stated that they submitted the documents asked for along with the application and they are again submitting the same documents. The..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....hrough the allegations in the first information report, statements of the prosecution witnesses recorded under section 161 of the Code of Criminal Procedure and charge-sheet and the provisions of the relevant law, we find no direct positive evidence is available to show that accused exported so-call......ganj PS Case No. 3 dated 3-11-2002 under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and he be discharged from his bail bonds. Ed. This Case is also Reported in: 58 DLR (2006) 71....... years, was a student of Class IX of local SM Model Government High School Science Section. On 1- 6-2002 at 7-15 hours in the morning accused appellant on the pretext of going to private tutor called and took away his son Chinmoy from his rented residence of 243, Udayan Road, Battala, PS and Distric...... consideration and hearing the Court is of opinion that there is ground for presuming that accused has committed an offence are mandatory and cast duty upon the Court to scrutinise the record and the documents submitted there before discharging and or framing a charge in a case as the case may be. J..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....irecting the writ respondent nos. 1-10 to follow the final gradation list published on 1.10.1990 (Annexure-H) relating to the writ-petitioner-respondents and other writ respondents. 2. The facts relevant for disposal of these appeals are common as detailed in those writ petitions, inter alia, t......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......here. Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Amirul Kabir Chowdhury J Md. Abdul Halim Miah and others ……………………Petitioners (In Civil Review Petition Nos. 44-45 of 2004) Md. ......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....etitioners' mother submitted various representations to the Ministry of Works and other authorities from 1975‑1982 and on 26‑2‑1982 she was asked by the Ministry of Works to produce relevant papers and documents, which she did on 15-3‑1982, without any result, whereupon ......s' mother submitted various representations to the Ministry of Works and other authorities from 1975‑1982 and on 26‑2‑1982 she was asked by the Ministry of Works to produce relevant papers and documents, which she did on 15-3‑1982, without any result, whereupon she conti...... MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Ministry of Works & ors …...... Appellants Vs. Nasima Khatoon and others...................Respondents Judgment May 4, 2005. ...... Power of the High Court Division in exercise of writ of certiorari to reverse a finding of inferior court or tribunal: When Court of Settlement did not consider documents filed by the respondents and when it did not apply its judicial mind in deciding the case..Category: Property Law | Date: 4 May, 2005 | Hits: 115
M Moinul Khan Vs. State, 2005, 34 CLC (HCD)
....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ari-o-Shishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 l......t the learned Magistrate, 1st Class, Sylhet, having examined the complainant M Mainul Khan, victim Mst. Parul Khanum with five other witnesses and also on perusal of the medical certificate and other documents, found a strong prima facie case against the accused persons and accordingly, submitted a ..Category: Women and Children | Date: 3 May, 2005 | Hits: 98
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
....ocate for the appellant let us now envisage and sift the evidence on record adduced by the complainant in support of his case. 13. P.W.1 Farid Uddin Ahmed, the complainant deposed that at the relevant time he was the Branch Manager of the Islami Bank, Narayanganj Branch since 25.1.1989 to ...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ......rt Division (Criminal) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Md. Farid Uddin Ahmed…………………..Complainant-appellant Vs. Atahar Uddin and another……………………Accused-respondent Judgment May 2, 2005. Result: ...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186. ..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....nection we have perused the FIR, charge-sheet, charge framed against the jail appellant, the depositions of the witnesses and the impugned judgment and order of conviction and sentence and other relevant materials on record. 11. For better appreciation let us consider the evidence of the w......f with mention, amongst others, that he was 12 years of age while the victim was 24 years of age. The bail petition was supported by (a) a release certificate from his previous school and (b) medical papers showing that he was undergoing treatment. While rejecting his bail application the learned Tr......ellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....rrence and that the accused was watching television elsewhere in the night of occurrence and it is also alternatively suggested that the accused was a rickshaw puller in Dhaka and he was there at the relevant time. 8. The learned Additional Sessions Judge, on consideration of the evidence of th......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ellip;………Respondent Judgment April 19, 2005. Result: The death reference is rejected. Cases Referred to- Giasuddin Vs. State, 55 DLR 328; Shah Alam and others Vs. State, 42 DLR (AD) 31; State Vs. Md. Shafiqul Islam @ Rafiq and another, 43 DLR (AD) ......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Asadul Hossain (Md.) Vs. State, 2005, 34 DLR (HCD)
.... This statement of P.W.3 gives a clear picture of the situation prevailing at that time from which it can be perceived that the whole area was troublesome with the presence of terrorists group at the relevant time. So, from the evidence of the P.W.3, who is a seizure list witness, it can be said tha......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ......espondent. Criminal Appeal No. 1381 of 2002 with Criminal Appeal No. 1396 of 2002 with Criminal Rule No. 152(R) of 2002. Judgment Md. Ashfaqul Islam J.- Criminal Appeal No.1381 of 2002 and Criminal Appeal No.1396 of 2002 preferred by the convict appellant Md. Asadul Hossain and Mukul ......shall be counted from their date of arrest. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 615. ..Category: Arms Law, Criminal Law | Date: 11 Apr, 2005 | Hits: 9
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