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State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....l English rule that 'hearsay' is no evidence. The term 'hearsay' is used to indicate that evidence which does not derive its value from the credit given to the witness himself but which rests also in part on the veracity and competence of some other person. The evidence of those who do not know the ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....passed by a Division Bench of the High Court Division in Transfer Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the sui......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....mediately after the incident arrived at the place of occurrence were not considered. The submission so made is of general nature. It has not been specifically submitted or brought to our notice which particular contradiction in the evidence of which particular witness was not considered by the trial......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....scellaneous Case No. 7242 of 2001 Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the proceeding of GR Case No.382 of 2000 arising out of Dhanmondi PS......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
....d Labour Court and the same was allowed with the direction to the Registrar of Trade Unions to register the respondent No. 1.
3. It may be mentioned in the appeal the present petitioner was not a party. The petitioner being aggrieved by the judgment and order of the 2nd Labour Court moved the Hi......ioner as an industry.
In view of the discussions made hereinabove we find no substance in the petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......and the same is not a profit making organisation. It was also the contention that fund of the organisation is generated by donation from different Foreign Agencies and organisations as well as by the loan advance by the Government. It was the further contention since the petitioner is not an 'indust..
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....ll record the reasoning for the same but in the instant case, learned Additional Sessions Judge having found on consideration of the materials on record and documents in the case and upon hearing the parties that there are sufficient materials to proceed against the accused and having framed charge ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Dr M A Mazed & ors. Vs. Bangladesh represented by the Solicitor, 2004, 33 CLC (AD)
....llip;(9 & 10) Lawyers Involved: KZ Alam, Senior Advocate, instructed by Md Ahsanullah Patwary, Advocate‑on‑Record‑For the Appellants. Ex-parte-For the Respondent. Criminal Appeal No. 3 of 2002. (From the judgment an......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ......ackground of the discussions made hereinbefore we find no merit in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 164. ..Category: Procedural Law | Date: 10 Dec, 2003 | Hits: 108
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....the writ petition on the averments, inter alia, that pursuant to a grant of a loan from Asian Development Bank toward the costs of Jamuna Meghna River Erosion Mitigation Project and intended to apply part of the loan proceed to payment under a contract for procurement of geo‑textile bags, Banglade......rments, inter alia, that pursuant to a grant of a loan from Asian Development Bank toward the costs of Jamuna Meghna River Erosion Mitigation Project and intended to apply part of the loan proceed to payment under a contract for procurement of geo‑textile bags, Bangladesh Water Development Board (......wful authority and of no legal effect and direction was given for re‑tender. 2. The writ‑petitioner respondents filed the writ petition on the averments, inter alia, that pursuant to a grant of a loan from Asian Development Bank toward the costs of Jamuna Meghna River Erosion Mitigation Project ..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....n 4 of the a foresaid Act and Rule 10 of the aforesaid Rule cannot be considered Violative of the fundamental rights guaranteed under the Constitution. 6. Heard the learned Advocates of both the parties, perused the Writ Petition and its Annexures along with the impugned provision of law. ...... This Case is also Reported in: 57 DLR (2005) 248. ...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....tion and analysis of the evidence. He next submitted that PWs 3, 4, 5, 7 and 9 and others who are said to be eye‑witnesses stated that the condemned‑prisoner and others caused injury in the lower part of the body of the deceased and this goes to suggest that the assailant had no intention to cau...... and they were found guilty under section 325 of the Penal Code and they were sentenced to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of Taka 5,000 each in default of payment of fine each of them are to suffer rigorous imprisonment for l(one) year more. Therefore, th......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....bout fifteen (15) years on the day of incident, was captived to lewdness of Md. Awal Fakir who is husband of her elder sister Tara Begum. Rehana Begum was deflowered. She sustained injuries on secret parts and some other parts of her body. She was taken to hospital and there she tasted the icy touch......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ......the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. ..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....vocate‑on‑Record‑ For the Appellants. Mahbubul Haque, Advocate, instructed by Ahsanullah Patwary Advocate‑on‑Record‑For Respondent No. 2. Ex parte‑ Respondent No. 1. Civil Appeal No. 128 of 1998. (From the judgment ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....is quite competent to take recourse to either revise or some other suitable procedure to reconsider or review or to see correctness of its judgement earlier made on furnishing of fresh materials by a party to the case which, according to it, if were before the court the judgement would have been oth...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......they submitted a plan to the RAJUK for its approval to construct a 4‑storied building and the same was duly approved by the RAJUK, that they could not start construction since their application for loan was not processed by the House Building Finance Corporation, that as per terms of clause 3 of t..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and ors., 2005, 34 CLC (AD)
....ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ...... The principle is established and settled as per present legal position that no court can pass any order of injunction or any other restraining order upon any issuing Bank for making payment under Letter of Credit. &n......ces, we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 2 Nov, 2003 | Hits: 783
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....aneous Case No.7500 of 2003. Judgment Sheikh Rezowan Ali J.- On an application by the petitioner under section 561A of the Code of Criminal Procedure a Rule was issued calling upon opposite party No.1 to show cause as to why the order dated 26‑5‑2003 passed by the learned Sessions Judg......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
.... 2. Khander Mostafa Selim Husan, Advocate, (appeared with the leave of the Court) instructed by NH Khandker, Advocate‑on‑Record‑ For Respondent No. 6. Ex‑parte‑ Respondent Nos. 3‑5. Civil Appeal No. 29 of 1997. (From the J......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
.... "80. Presumption as to documents produced as record of evidence‑wheneven any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised b......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ......6 of 1997 against the appellants are set aside. The appellants are acquitted of the charge brought against them and be released at once if not wanted in connection with any other case. Ed. ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....hat time is not of the essence of a contract for sale of immovable property and the stipulation requiring payment to be made within 4 months having been given a gobye by the subsequent conduct of the parties, the High Court Division erred in holding that the petitioner committed breach of contract i......learned Counsel for the petitioner submits that in view of the well-settled principle of law that time is not of the essence of a contract for sale of immovable property and the stipulation requiring payment to be made within 4 months having been given a gobye by the subsequent conduct of the partie......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....tions 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding possession of the parties. In case of failure to find possession in favour of either party direct the parties under se......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
.... Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay ......a Glass Works by Defendant no.1 Saiyed Shahidul Huq figuring himself as Administrator, Dhaka Glass Works. The date is 25.3.1980. Exhibit-Cha-1 and Cha-2 are two Rent Receipts of the year 1984 showing payment of rent in respect of State Acquisition Khatian No.4836. Exhibit-Jhaha is certified copy of ......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
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