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Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....wn knowledge, of which he is supposed to be cognizant. . . the burden denotes the duty of establishing by a fair preponderance of the evidence the truth of the operative facts upon which the issue at hand is made to turn to be substantive law…………………………(18) The established pri......ative and the burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, of which he is supposed to be cognizant. . . the burden denotes the duty of establishing by a fair preponderance of the evidence the truth of the operative fa..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....29) Cases Referred to- M/s Neyvely Lignite Corpn Vs. Spl Tahsildar (Land Acquisition), Novely, AIR 1995 SC 1004; Bangladesh, represented by the Secretary, Ministry of Administration Vs. Subash Chandra Das, 46 DLR (AD) 63; Alauddin Khandker Vs. Secretary Ministry of Land, 4 BLC (AD) 257; State ......the KEPZ without depositing money made some representations to the Deputy Commissioner, Chittagong on 4-3-2001, 19-3-2001, 29-3-2001 and 27-8-2001 to reconsider the amount of the amount of the demand note made by the respondent No.3. 8. On 2-12-2001 the Land Acquisition (L-A) officer-respondent N..Category: Civil Law | Date: | Hits: 170
.... at the rate of Taka 2004/-, whereas the petitioners standing on same footing are getting honorarium/allowance at lower rate of Taka 600/= only and are being discriminated thereby.
6. On the other hand Mr. J. K. Paul, learned Advocate appearing for respondent 2 submits that the petitioners in wri...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: | Hits: 104
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....der impugned against to have been passed without lawful authority and is of no legal effect. 4. Mr. Kazi Rehan Nabi, the learned counsel by filing Vokalatnama for the respondent-bank, on the other hand, opposes the Rule and submits that the Adalat was absolutely justified in passing the impugned ......tainly bears a mandatory implication. The construction of the section implies that the Execution Case would be barred by limitation if it is not filed within time. The legislatures in its wisdom connotes the mandatory application of section 28 consciously. Use of those words and phrases laid in 28..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....ry by the Magistrate or after considering the written statement called for from the parties. Hence the impugned order dated 16-1-2006 amounts to abuse of the process of the Court. 16. On the other hand, the order dated 12-9-2004 passed by the Magistrate in non GR No.70 of 2003 recording that, he ......তমানে এনামুল হক গং এর দখলে রয়েছে বলে স্থানীয় তদন্তে জানা যায়।” Considering all these reports, as noted in this order dated 12-9-2004, the learned Magistrate has passed an order to the effect that ..Category: Criminal Law | Date: | Hits: 105
....rcumstances of the present case being clearly distinguishable from those of the cited case and the decisions referred to above by Mr. Mostafa do not help the petitioner in any way
28. On the other hand, the decisions cited by the learned counsel for the opposite parties apply in fullforce in the ...... the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court."
23. The above noted principle of res judicata is very applicable in this present rule.
24. Where it has been fo..
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....sferred to the Court of Assistant Judge, Kashba, Brahmanbaria and re-numbered as Title Suit No.28 of 2004 for trial. 3. That the case of the plaintiffs-opposite parties, in brief, are that Pandit Chandra Rudra Paul and Swarup Chandra Paul were original owners of the suit land of schedule No.1 and......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..Category: Property Law | Date: | Hits: 112
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....e amount generally remaining on board such types of vessel during seagoing voyages. It is further stated that the NOC in respect of the vessel was issued without having knowledge about the ship beforehand. But subsequent to the inspection of the vessel, the Rule in Writ Petition No.6262 of 2008 was ......o this country. In this regard he pointed out that the second chapter of the আমদানী নীতি আদেশ where Appendix 1 gives a list of items which are restricted items and the footnote to the items restricted for import at paragraph 1.6 provides that all waste material is prohibi..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....lteration and a fight took place between the convict-appellants and the villagers in respect of irrigation of water into paddy field and consequently the villagers caught hold of the appellants and handed them over to the police. The further case of the defence is that the police being unsuccessfu......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....tence did not consider the defence witnesses. She further submits that in this particular case the FIR was lodged after long lapse of time which makes the prosecution case fatal. 9. On the other hand, Mr. Gazi Md. Mamunur Rashid along with Mr. Md. Asaduzzaman, the learned Assistant Attorney-Gen......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..Category: Criminal Law | Date: | Hits: 99
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....rials placed before this Court, decisions as referred to and provisions of law and heard the learned Advocates for the contesting parties. 13. On perusal of the same it appears that in the case in hand the parties entered into a contact for supply of goods and in the said contact/agreement a clau......ns. However, section 3(1), does not imply that the provisions of the Arbitration Act would not be applicable to arbitration proceedings taking place outside Bangladesh "(Para 33). 14. "It is to be noted that the definition of international commercial arbitration makes no distinction between int..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....GM on 15-5-2012 or on any other date to amend the aforesaid articles in the manner as proposed. 4. The learned Advocate Mr. Rais Uddin Ahmed, appearing for the Respondent Nos.2 and 5, on the other hand submits that the petitioner has not come in clean hands before this Court. He further submits t......sting vote as per Article 15 of the AoA and that if resolution is allowed to be passed then his interest is likely to be discriminated, albeit he is one of the original subscribers. 8. It is to be noted here that the jurisdiction under section 233 of the Act is regulatory and preventive in nature..Category: Company Law | Date: | Hits: 129
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....ated 15-7-1987 informed the appellant Bank that they will receive delivery of the goods directly from the ship and requested the plaintiff Bank to release the shipping documents. The documents were handed over to the defendant respondent by debiting its LIM account. 3. Subsequently, the defenda......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....learly as follows:- (a) LTI on the first page occurs on the top right corner of the document just below the specified Government impression stating the value of the stamp. In the usual manner, the hand writings on this page are horizontally written below the LTI beginning from left to the last of......-bil-Ewaz. 3. Earlier a Rule was issued on the matter. 4. Facts relevant for disposal of the Rule are briefly stated below; Plaintiff opposite party No.1 Md. Shahadat Hossain filed the above noted suit claiming that the suit land measuring 2.50 acres belonged to her maternal grand mother So..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..Category: Family Law | Date: | Hits: 140
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....; Mosleuddin Vs. State, 38 DLR (AD) 311; Hazi Jamaluddin Vs. State, 1994 BLD 33; Habibullah Vs. State, 21 DLR (SC) 88; State Vs. Maqbul Hossain, 1986 BLD 34; Nurul Huq Vs. State, 1982 BCR 332; Paran Chandra Barai Vs. The State, 1982 BCR 293; Nousher Ali Sarder and others Vs. The State, 39 DLR (AD) 1......t Abul Kalam Chowdhury inflicted kirich blows but he had kirich and Kalam inflicted blow on Bashar. On the date of occurrence he narrated the occurrence to the police but he cannot saw whether police noted the same. After the occurrence police camp was instituted and he fed them. The camp was at to ..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....to his house with bad intention to damage the modesty of his wife, Monowara Begum. It is further stated that accused Enamul Came there and tried his level best to santch away the accused Aza from his hand but failed; that the accused Enamul called others to make accused Aza free; that the witnesse...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
....ted. Therefore, dryness certificate (discharged of cargo from the ship) he issues and if the cargo is found short as per shore tanks survey then the carrier is not liable for the same. On the other hand defendants examined no witnesses.
5. The trial Court after considering the issues, deposit......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
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Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
.... by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail or on his own bond". On the other hand, sub‑section (1) and section 497 is as follows: "Where any person accused of any non baila......Justice Badrul Islam Chowdhury, calling upon convicted appellant Abdul Momin Sarder to show cause as to why bail granted to him by this Court should not be cancelled. 2. It appears from the office note dated 16‑11‑96 that notice of the Rule was duly served upon accused‑opposite‑party Abdu..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....inst the weight of evidence on record. 10. Mrs. Umme Kulsum Begum, the learned Deputy Attorney-General along with Mr. SM Shahjahan Kabir, learned Assistant Attorney-General for State, on the other hand, submits that the prosecution proved its case against the accused appellant by most consistent,...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..Category: Criminal Law | Date: | Hits: 92
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