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Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....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. ......spondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case involving severe punishment or life imprisonment, ..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. ......xamination of prosecution witnesses. Offence under section 302 of the Penal Code having provided capital punishment, learned tribunal appointed advocate Mr. Mokhlesur Rahman Khan as the state defence lawyer for the undefended absconding accused. 8. In order to bring home the charge against the in..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....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. ......police report submitted after holding enquiry in a perfunctory matter without examining the witnesses of the complainant and giving any opportunity to the complainant to adduce evidence is ex facie unlawful and contrary to provision of Section 27 of the Ain, 2003 and resulted in the abuse of the pro..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....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. ......ellate Tribunal rejected both the applications by its order dated 10.06.02 on the same view that the applications were not maintainable. 11. In the circumstances, the following common questions of law were referred to this Division for determination: a) Whether on the facts and in the circumst..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. ......erial contradictions and discrepancies and the victim made written dying declaration in the hospital narrating the incident which is genuine and true and the learned trial Judge was well justified in law in convicting and sentencing the accused appellants under the relevant law and the convict-acc..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
....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.
......isdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provided in section 96 of the Act for preferring appeal against the Jud..
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. ......ll with the writ-petitioners 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 ..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. ......to the east of the houses of informant house of Shahiduzzaman Master, Kashem and Rashid Member were situated. 15. In cross-examination, she denied that the witness Shajahan is not her brother-in-law and witness Alamgir is not her cousin. She further disclosed in her cross-examination that the n..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. ......to be afraid of at the present in view of the change in the Political arena of the country and the government, they may now move the Governing Body of the college for proper relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cos..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.
......n. The other two brothers of the plaintiff are in
good health. The plaintiff while came to the age of marriage, got married with
the daughter of late Purna Chandra Ghosh of Serajganj. The mother-in-law of the
plaintiff and other relations requested to gift some portion of the disputed
land in ..
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. ......ted that the learned Additional District Judge has misconceived the entire context of the transaction between the parties in treating the gift performed between two Muslims governed by their personal law. In the instant case the vendee not being a Muslim there is no scope for application of the prin..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
.... 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. ...... defence to rest its case solely thereon. In a criminal case, it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system is the innocence of the alleged accused and till the charges are pro..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... 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. ......ed statement of the condemned prisoner Kalla Palash as recorded in Audio Cassette (Ext.IV) by the investigating officer found the convict appellant and others were guilty which cannot be sustained in law whatsoever inasmuch as the statement of Audio cassette does not carry any legal value in the eye..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 ......, Uzzal, Shahid,Wazedur, Sorhab, Mosarraf Hossain Mosa, Murad, Farid and Jashim and other 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 ..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. ...... by (the concerned CO (Revenue), the defendant No.5, were illegal, void, without jurisdiction and not binding upon the plaintiff. He further submitted that both the Courts below upon misconception of law and fact have dismissed the suit. He further submitted that the plaintiff proved his continuous ..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. ......mply and give effect of such opinion, but without doing so the respondent No. 1 is trying to bypass the opinion and giving promotions to juniors of the petitioners, which is a flagrant violation of law and rules, applicable in this regard. 6. Mr. Md. Jafar Imam, the learned Assistant Attorn..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....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. ......ot present in Bangladesh and whose whereabouts were not known after President's Order No. 16 of 1972 came into operation. So, the property was rightly enlisted as abandoned property by operation of law. The learned Counsel adds that the Court of Settlement most erroneously shifted the onus upon ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....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. ......cation made section 19(1) of the Premises and Rent Control Act it appears that the petitioner without depositing any rent with the Rent Controller had submitted an application which is not tenable in law. 11. Section 19(1) of the Premises and Rent Control Act reads thus:- "19. Deposit..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)
....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. ......wer of attorney supporting his authority to swear the affidavit. Rule 1, Order III of the Code of Civil Procedure provides that any application or act in or to any court required or authorised by law to be made or done by a party in such court, may, except where otherwise expressly provided ..Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
.... 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. ......ment of their trade mark, and thereby the suit is very such entertainable and there is no reason for rejection of the plaint. According to the plaintiff, it is an established and settled principle of law that an action for passing off is maintainable even without having registration of trade mark an..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
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