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Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....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. ............Opposite Parties Judgment September 5, 2007. Result: The Rule is discharged. When eye-witnesses contra­dict as to manner, place and time of occurrence, then a clear case of benefit of doubt is well established on the prosecution case where­upon no conviction can ......her stated that on the eastern side of the Jubaer house, there is a women's Madrasah. He further stated that after he went to the residence, he did not mention this occurrence to his wife or to the landlord but later on, he stated the occurrence to his wife but he did not disclose any thing to th..

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. ...... is liable to be struck down. 9. To substantiate his arguments, Mr. Chowdhury relies on an unreported Judgment dated 10th July, 2001 passed in Writ Petition No.5882 of 2000 by this Division in the case of Satish Barker Vs. The Governor, Bangladesh Bank, Dhaka and others. 10. In reply, Mr. Ibra......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. ......e No.43 of 2000 in the First Labour Court in Dhaka under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 (in short the Act) impleading the petitioner as the second party. The case of respondent No.2, in short, is that he had been serving in the petitioner's establishment......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. ..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

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. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Appellants Vs. State……………………Respondent 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 ......tion on 10-8-1993 to the effect that on 9-8-1993 at about 7-00/7-30 PM he along with his sister's husband Saidur Rahman and his elder brother Aftab Uddin were gossiping in respect of cultivation of land sitting in the courtyard after taking their night meal; that at about 9-00 PM Saidur Rahman c..

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. ......egistered Patuakhali Police Station Case No.25 dated 24.3.2003 and filled in the formal column of the FIR. P.W.18 S.I. Md. Shahjahan was entrusted by the officer in charge with investigation into the case. During the course of investigation he visited the place of occurrence and prepared a sketch ma......own enemies murdered the deceased or that he falsely implicated the accused in the instant murder case. He further stated that accused Sikander and Yusuf were father and son. He mortgaged 10 katas of land for Tk. 10,000/00 to accused Sikandar. On the 1st of Baisakh 1408 B. S. he received a sum of Tk..

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. ......................................Opposite Party Judgment August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or mate......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. ..

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. ...... 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 circumstances of the case the Appellate Tribunal was justified in confirming the order of the Appellate Joint Commissione...... Ltd. Vs. P B Desai, Appellate Assistant Commissioner of Income-Tax and another (1975) ITR 135 (SC); Sh. Muhammad Iftikhar-ul-Haq Vs. The Income Tax Officer, Bahawalpur (1966) 18 DLR (SC) 487; M/S. Inland Navigation Co. Ltd. of Chittagong Vs. The Income Tax Officer, Companies Circle, Chittagong (196..

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. ......of the victims and other evidence on record and the name of the convict accused did not find place in the documented dying declaration and taking into consideration the facts and circumstances of the case and other pieces of evidence, one can find that there is doubt as to his complicity in the occu......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

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....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. ......ional 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 in cases under th......ur Rahman, further submits that the 3 Respondent bank being a secured creditor acted mala fide in filing suit under Bankruptcy Act, 1997 without disclosing of the actual market price of the mortgaged land, which is clear violation of section 12(2) of the Act and hence the proceeding is without lawfu..

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. ......des that while a proclamation of emergency is in operation the provisions containing in Part III of the Constitution ceases to have effect as soon as the proclamation is operative i.e. in the instant case Articles 27,30, 31, 42 of the Chapter V of the Constitution being fundamental rights provided i......ct, 1952, briefly, the Act. On getting the sanction, the writ-petitioners started construction as per sanctioned plan. As the construction involved huge money, the writ petitioners mortgaged the said land to a bank and took loan. Out of 22 floors 16 floors with the foundation for the sanctioned 22-s..

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. ......llant was convicted for the offence under section 6(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentenced him there­under to suffer imprisonment for life. 2. The prosecution case as unveiled during the trial was, that on 4-3-1999 infor­mant Khodeja Khatun (P.W.1) lodged a ......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. ......e approval to any appointment made by governing body in the post of Principal having lesser period of experience as a teacher with the regarding academic qualification mentioned above. In the instant case, the respondent No.3 has been given the appointment as Principal and the National University ap......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

Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)

....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. ......enal 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 Report with Rai......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

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....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. ......red after his death on her admission, she be­ing his representative. Held, that the deed was a registered instrument within the meaning of S. 123 of the Transfer of Property Act." In this case the doner has executed the deed of gift and that is not registered who has Repre­sentative a......­pendently, separated from his father. The short facts relevant for disposal of this appeal is that the suit property originally belonged to Rabindra Lal Ghosh the father of the plaintiff and the land contained mostly is a grazing land and in some portion of the suit land they are possessing by..

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. ......to Plot No.268 appertaining to D.S. Khatian No.319 of Mouza Romjan Nagar under Upazilla Shyarn Nagar, District: Satkhira as described in Plaint Schedule No.Kha. 3. That the plaintiffs-petitioners' case in brief is that the suit lands originally belonged to one Bastullah Shaikh who by a registered......ffs instituted Title Suit No.79 of 1986 on 19.06.1986 in the Court of the Assistant Judge, Shyam Nagar Upazilla, District, Satkhira for declaration of Title and confirmation of possession in the suit lands and for permanent injunction restraining the Opposite parties Defendants from raising any cons..

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.  ......uilt 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 criminal case, it is for the prosecution to bring the guilt home to the ac......ar Kandi and she was tortured by co-accused. It is further stated that a salish was held to compromise the matter and it was settled that the accused will pay 60,000 as dowry and also give 5 Kedar of land, but the terms of compromise was not complied with fully. Hence this case. 4. SI Niranjit ..

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. ......ostat documents Photostat documents without any authentication have no evidentiary value under the Evidence Act and as such the Court cannot rely upon the Photostat documents only and consider a case on that basis…………………..(10) Lawyers Involv......ld not be declared to have been made malafide, without any lawful authority and is of no 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 ..

Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10

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. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..(81) Examination of witness Mere non examination some of the FIR named witnesses cannot be a manifestation that such witnesses were unwilling to support the prosecution case. The prosecution is not bound to examine all the witnesses cited in the charge sheet inasmuch a...... 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 ......ons, named in the FIR. succeeded in running away and could not be apprehended. 6. Thereafter, P.W. 1, Motaleb rushed to the Manikganj Sadar Police Station to lodge the FIR, Exhibit 1, where this case was recorded as Manikganj PS Case No.11 dated 20-7-1999 pun­ishable under section 148/149/3......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. ......11-59 in favour of the plaintiff on condition that if the defendants refund money to the plaintiff within 10 years, the latter would reconvey the suit land in favour of the former. It was the further case of the defendants Nos. 6-7 that they sold out. 1.4350 acres of land by 2(two) Kabala deeds and ...... those dated 17-1-1999 passed by the learned Assist ant Judge, Chitalmari, Bagerhat in Title Suit No.217 of 1985 dismissing the suit. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit land by a Kabala dated 16-11-1959 in favou..

Category: Property Law | Date: 27 May, 2007 | Hits: 9