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Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)
....02/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts of the case are that one Billal Miah on 30.08.06 at 20:15 hours lodged a First Information R......s Case is also Reported in: 13 MLR (HCD) (2008) 66. ......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ..Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3
....
2. The plaintiff
instituted a suit for a decÂlaration of his title and further declaration that
the plaintiff is maintaining his family indeÂpendently, separated from his
father. The short facts relevant for disposal of this appeal is that the suit
property originally belonged to Rabindr......d Muhammad Dastagir Husain J
Muhammad Abdul Hafiz J
Birendra Kishore
Ghose @ Gopal Krishna Ghosh……………………………………Appellant
Vs.
Government of
Bangladesh and others………………………………………………….Respondents
Judgment
......yond 100 bighas as per P.O. 98 of 1972 and the suit is maintainable and
prays for dismissal of the suit.
4. The trial court
after perusing the depoÂsitions of 14 witnesses and considering the evidences,
documents filed by the plaintiff dismissed the suit, against which the
plaintiff prefer..
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)
....Siddique that as soon as the School building was shifted to a new site may be near by the gift being a conditional gift it is revoked and the land reverted to the donor or his legal heirs. But in the facts and circumstances as available from evidences I do not find so, and for establishment of a Sch...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......es. After going through the judgment of the Appellate Judge I find that the judgment is well reasoned and the learned Appellate Judge adverted to all the findings of the Trial Judge by discussing the evidence on record and the exhibits. After going through the gift deed of 1951, I find that there wa..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....f the victim, lodged FIR with Shalla police station on 8-11-2003 against the accused Roni Ahmed Liton @ Liton Ahmed Roni under section 9 (1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000. 3. The facts of the case, in short, is that the accused is the distant nephew of the informant who used to ......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......rmative of the issue. In a criminal trial, the burden of proving the guilt of the accused beyond all reasonable doubts always rests on the prosecution and on its failure; it cannot fall back upon the evidence adduced by the accused in support of its defence to rest its case solely thereon. In a crim..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....o legal effect. 2. The petitioner challenged the legality and validity of acquisition of his homestead land (in part) in L.A. Case No.1 of 95-9o (Annexure-‘A’) 3. The short facts of the petitioner's ease is that the original owner of the land was Naida Bashi Chowkidar,......bdul Maleque Gazi…………………..Petitioner Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Chandpur and others……………………….Respondent......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)
....f answers given by prosecution witnesses in their cross-examination. Normally in examination-in-chief the prosecution witness speaks which are favourable to the party without disclosing the necessary facts which are in favour of the other side…………………………….(77) Cases Referred......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......ants intended that the criminal act should be done and lastly that the criminal act has been done in furtherance of common intention shared by all the offenders……………………(80) Witness evidence Mere relationship of the witnesses or relationship with the victim do not make them unre..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....e did not visit the place of occurrence and recorded the statement of the witnesses. 53. Regard being had to the aforesaid feature of the evidence the learned Judge of the tribunal has found the facts and circumstance as highlighted by the prosecution good and favourable to fasten the......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......ivalry; as such he is liable to be acquitted but for other absconding condemned-ccused no specific case is found to have been made out alleging their false implication. 13. Considering all these evidence on record and the alamat, collected and produced at the time of trial, the learned Judge of..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....The plaintiff having failed to prove possession in the suit land was not entitled to get decree in the suit. (d) The judgment and decree impugned in the Rule being based on concurrent finding of facts are not liable to be disturbed in revision. 8. Mr. Rana relied upon the following case la......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. ...... Acquisition and Tenancy Act. The order passed in the said Miscellaneous case was a valid order. The plaintiff had no title and possession in the suit land. 4. Both the parties adduced evidence. The plaintiff examined 4 P.Ws. and the defendant examined 3, D.Ws. The plaintiff'..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....¦à§¬/৮৫ dated 17-5-2005 addressed to respondent No. 1, thereby promoting juniors to petitioners, till placement of petitioners in their rightful place, as per the opinion of PSC. 2. Short facts leading to this Rule are that the petitioners joined in Bangladesh Police Service in 1972. In......d 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. ..Category: Others | Date: 16 May, 2007 | Hits: 4
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....nexure-A), passed by the First Court of Settlement, Dhaka, in Case No. 40 of 1995, excluding the holding No. 1-D/3-31, Mirpur, Dhaka, from the 'Ka' list of the abandoned properties. 2. Short facts leading to this Rule are that the petitioner is the People's Republic of Bangladesh, represen...... 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......operty from the list of abandoned properties holding, inter alia, that the Government could not show as to how the case property came under the control and management of the Government. There is no evidence in the Government file that the Government took over possession after complying with the m..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. ......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......nst the impugned Judgment and order. 8. No one appears to oppose the Rule. 9. I have heard the learned Advocate for the petitioner and I have perused the impugned Judgment and order and the evidence on record very carefully and meticulously. 10. On perusal of the application made sect..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. .................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)
....o the defendants, the plaintiff made statement in paragraph No. 12 which clearly indicates that the plaint is liable to be rejected. According to paragraph No. 7 of the application, standing from the facts stated in paragraph 12 of the plaint, it is apparent that the plaintiff has admitted that the ....... This Case is also Reported in: 61 DLR (HCD) (2009) 780. ......e prayer for rejection of the plaint and on consideration of the statements made in the plaint and also in the application for rejection of the plaint, came to the conclusion that the statements need evidence during trial of the suit and the plaint cannot be rejected under Order VII, rule II of the ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
...., Md. Zakir Hussain, Shahnaz Amir and Shahanaz Alam can be added as opposite parties in Civil Revision Case in hand. 2. The verdict proposed to be bestowed does not demand a detailed disclosure of facts except those which can shed light in resolving the war of words which are: A. Predecessors...... cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ......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. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
.... Writ Petition No.5961 of 2004.
Writ Petition No.3016 of 2004 and Writ Petition No.5961 of 2004.
Judgment
Mirza Hossain Haider J.- This two writ petitions having arisen out of the same facts and relating to the same property which was put into auction and the respondent No.5 and 6 of ......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. ......) (2007) 321, 13 BLC (HCD) (2008) 271. ......oved from law with the passage of time and, also, through Judicial verdicts of Superior Courts of Sub-Continent. 8. It would be impossible, indeed, it would be dangerous to formulate the kind of evidence which should, or would be regarded as corroboration. Its nature and extent must necessarily..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks and another, 2007, 36 CLC (HCD)
.... 7. In view of the above there is no merit in this appeal and the appeal is dismissed with cost of Tk. 10,000 (ten thousand). Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 423. ......hellip;……………………………………………Appellant Vs. Deputy Registrar of Trade Marks and another……………………………R...... the month of April, 1987. After publication of the mark in the Trade Marks Journal the opponent, the respondent No.2 filed opposition case No.527/1987 and the registrar of trade mark after receiving evidence and hearing both the parties allowed the opposition case and refused registration of the tr..Category: Intellectual Property Law | Date: 15 Feb, 2007 | Hits: 34
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
....essary income tax clearÂance certificate to be obtained by the defenÂdant No.1. Thus it appears that there was a rather latch on the part of the defendant No.1in the matter. 9. Considering the facts and circumÂstances of the case, and all aspect of the matÂter, we are of the view that the a......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 reÂceipt of the copy of the judgment. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Ful Miah & others Vs. State, 2007, 36 CLC (HCD)
.... we modify the conviction of all the accused other than Fui Miah, under sections 19A and 19(f) of the Arms Act read with section 25D of the Special Powers Act. 16. However, on consideration of the facts and circumstances of the matter, we noticed that the Special Tribunal had awarded a harsh sent......ddin Md. Aminur Rahim, Deputy Attorney-General - For the State. Criminal Appeal No.1778 of 2003. Criminal Miscellaneous Case No.9275 of 2005. Judgment Surendra Kumar Sinha J.- This appeal and the Rule arose from the Judgment and order dated 13.5.2003 of the special Tribunal No.4, Habigon......ons. However, the Tribunal at end of the deposition sheet of this witness mentioned "incomplete". He was not cross examined by the accused persons. But from the order sheet it did not appear that his evidence was incomplete. At any event from the original record we find that the recording evidence o..Category: Criminal Law | Date: 25 Jan, 2007 | Hits: 26
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....he petition for setting aside the order of abatement was also not made within the period of limitation of 60 days thereafter. Under such circumstances, the learned Judge erred in law as well as in facts in allowing the petition filed under Order XXII rule 9(2) of the Code, by his Judgment and Or......d parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ...... Code as one under Order XXII rule 9 of the Code and was registered as Miscellaneous Case No.13 of 1985. The said Miscellaneous Case was contested on behalf of the petitioners. After closing of the evidence, on 8.7.1987, the opposite party Nos.1 to 11 filed an application for amendment of the pet..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
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