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M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....tful but also false, as it is the prosecution case that assailants used pistol/ revolver in front of Nira Nipa Pharmacy and at least 5 empty cartridges should be found from the said place, which totally demolished the prosecution case that the occurrence took place in front of Nira Nipa Pharma......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......d no illegality in passing the impugned judgment. Learned Advocate further submits that the Appellate Division of the Hon'ble Supreme Court in the decision reported in 44 DLR (AD) 223 settled the jurisdiction of the Court under section 439 of the Code of Criminal Procedure i.e. if there is no i..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......came to a finding that the services of the respondents were terminated for trade union activities and that this finding being a finding of fact should not be interfered with by this Court in the writ jurisdiction. He further submits that the one-point charter of demand dated 19.7.2000 was not procee..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... the defence did not adduce any evidence on their behalf. 8. The defence case, as it transpires from the trend of cross-examination of the P.Ws. and the suggestions put forward to them is the total denial of the charge and their case, inter alia, is that the accused persons have enmity with......e prosecution case, the accused appellants are entitled to get benefit of doubt not as a matter of grace but as of right……………………….(65) Circumstantial evidence In the absence of any direct evidence to prove the charge under section 304 part 1 of the Penal Code, the ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......as lodged by P.W.1 after the deceased was declared dead in the hospital? Should not such fact be deposed to by P.W.1, P.W.2, P.W.3, P.W.4 and P.W.7 during the course of trial? But we find conspicuous absence of it in the FIR and also in the evidence of the aforesaid 5 witnesses. Why this witness sho...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....d and bone below the elbow of the left hand was cut. When the witnesses and neighbouring people reached there then said accused Opposite party Nos.2-8 left the scene with threat to the complainant of total annihilation of her family members if any case is filed with the police over the matter. There......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ...... of the process of the court and has occasioned failure of justice and as such it is liable to be quashed for the ends of justice. The learned advocate further submits that the Tribunal exercised his jurisdiction illegally and without application of judicial mind in rejecting the petition case on en..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....ed statements of accounts claiming income of Taka 6,92,750.00. The Assistant Commissioner of Taxes however estimated under section 83(2) of the Income Tax Ordinance, 1984, in short, the Ordinance the total income at Taka 35,04,896.00 and determined tax of Taka 8,50,724.00 payable thereon. 3. In R......art of the debts was believed then why a small part of such debts could not believed is not really understood. He has got no authority to reject any part of the debt in lump at his sweet wish. In the absence of any basis, such rejection of a small part of the debts and addition of that amount to the......ial part of the expenses claimed could not be accepted, the income tax officer shall afford an opportunity to the assessee to explain and/or to produce evidence in support of such expenses. He has no jurisdiction to disallow any expense just on surmises and/or conjectures at his sweet wish, in lump...Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
....ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
.... bank (Respondent No.2) fraudulently obtained the impugned Judgment and decree against the petitioner and others. The learned Advocate further submits that during trial of the suit the petitioner was totally unaware about the suit. On 18.10.1999 for the first time the petitioner came to know about t......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......
Vs.
Additional District Judge and Bankruptcy Court, Dhaka and others…………….....Respondents
Judgment
August 9, 2007.
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable i..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....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. ......lding. The writ-petitioners being the concerned persons who filed for the approval of the plan ought to have informed RAJUK about their change of address for the purpose of any correspondence. In the absence of any such intimation, the notices have been issued and served at the notified address at 6......gned order of the High Court Division setting aside the said impugned order passed by the appellant for demolishing of the building does not suffer from any illegality or error of law effecting the jurisdiction for interference, inasmuch as the writ-petitioner upon receipt of the sanction order im..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
....the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
...... maintaining his family independently. Admittedly
the deed itself is unregistered and according to Section 123 of Transfer of
Property Act a gift may be effected by registered document and in the absence
of registration the gift is not valid. The decision held in 51 DLR
77 runs as follows:-
......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....that an accused person must be presumed to be innocent unless and until it is established by the prosecution beyond reasonable doubt that he or she, as the case may be, is guilty. The prosecution has totally failed to prove that the accused Roni Ahmed Liton is guilty under the charge alleged. 2......n Ain, 2000. 3. The facts of the case, in short, is that the accused is the distant nephew of the informant who used to visit the informant's house and taking this advantage, on 3-6-2003, in absence of the members of the family, raped Tahura, daughter of the informant and left with warning ...... 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)
....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. ......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. ......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)
....ithin 17 hours of the occurrence. On going through the first information report and the evidence on record it appears that in this case 2 incidents took palace in 2 different places. In two incidents total 3 persons were sustained bullet injuries as a result of which Mizan succumbed for his gunshot ......ntion to the depositions of the P.Ws. and then submits that P.W.1 and P.W.6 in their evidence did not mention the name of the convict appellant Milon. The learned Advocate further submits that in the absence of any satisfactory evidence, direct or circumstantial, the learned Judge of the Druto Bicha...... 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)
....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 ......ce Station Case No.11(7)99. 2. In this Death Reference all the condemned accused-persons, 7 in numbers, referred to above, have been tried in absentia and awarded sentence of death in their absence; where they have been defended by the learned Advocate, appointed at the costs of the State.......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)
.... 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. ...... 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. ......red for hearing. Thereafter the CO (Revenue) by order dated 16-8-1983 allowed the Miscellaneous Case and allowed the prayer for redemption of the suit land. That order was void, illegal, without jurisdiction and not binding upon the plaintiff. The plaintiff has been in possession in the suit la..Category: Property Law | Date: 27 May, 2007 | Hits: 9
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