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Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......ed himself for taking responsibility of the son and till today opposite party has not married due to his child. 19. As far as the guardianship of the minor child is concerned the mother is not the natural guardian of a minor child under the Muslim law. The mother's custody is subject to the contr..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....the statement of the victim was taken on 29-6-2000 and the apparels of the victim were not seized and that there is no sign of rape in the medical report. He further submits that no indepenÂdent and disinterested witnesses have come to depose in support of the prosecution case and the witnesses who...... 513; Md. Abdul Khaleque Vs. State, 12 DLR (SC) 165; Rashid Ahmed Vs. State, 10 DLR 532; Mafizuddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant. Umme Kulsum Begum, Deputy Attorney-Gener......he basis of the most cogent and reliable evidence and that his judgment does not suffer from any misÂreading and non-reading of evidence. She further submits that all the prosecution witnesÂses are natural, probable and competent witÂnesses and there is no internal points of falsehood in their ev..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ...... (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; T......sion by an agreement dated 07.01.1970 at a monthly rental of Tk. 2500/- and it is still the official residence of the Indian High Commissioner. On 14.12.1970, the owner Mrs. Atia Siddiqui out of natural love and affection made an oral gift of the case property to the petitioner in presence of w..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......: 27 BLD (HCD) (2007) 555.
......
41. Before we part with the case, we must express our view about the demand notice dated 16.11.05, Annexure-4 to supplementary affidavit-in-opposition dated 07.05.07, which put the petitioner into natural anxiety. It is a fact how that the goods were released on or about 16.11.05 pursuant to the ..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....and order passed by the learned Additional Sessions Judge need to be interfered. Learned Advocate further submits that the learned Judge failed to consider that prosecution through independent and disinterested witnesses has been able to prove the charge against the accused opposite parties incl......t High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Nazir Hossain (Md.)....................Petitioner Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result:......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. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....Goswami, the learned AdvoÂcate for the appellants, refers the decision in the case of Korban Ali Vs. State reported in 11 BLT 267 and submits that the prosecution has withheld the independent and disinterested neighbouring witnesses and the benefit of such withholding of witnesses under section...... (2008) 354. ......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. Saidul and others, 2007, 36 CLC (HCD)
....el, subÂmits that there is no eye-witness for the occurrence and the prosecution could not bring home the charge against the two accused-appellants beyond reasonable doubt by competent, reliable and disinterested witÂnesses and prays that the impugned judgment and order of conviction and sentence ......Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J Md. Fazlur Rahman J State………………………......................Appellant Vs. Saidul and others………………………..Respondent Judgment August 9, 2007. Dying ...... the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was quite capable to speak and the language of the document appears natural and reliable. Such written dying declaration which has been properly admitted into evidence ..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
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. ......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-......orted in 7 DLR (FC) 395 it has dealt with the question of 'necessity' which as well may be applicable in the facts and circumÂstances of the instant case as under: "Apart from the fact the law of natural necessity is a part of our law but the law of civil or State necessity is as much a part of ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
.... wife and young sons and daughters. 67. It will be most unsafe to base the conÂviction relying upon the testimony of highly interested witnesses without any corroboration by the independent and disinterested witnesses. 68. In view of the discussion made above and the facts and circumstanc......nbsp; Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat......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
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....the eye-witnesses are local witnesses some of whom saw the incident in its entirety and some saw part of the incident. P.W.14 and P.W.15 both of them saw the second incident, they are independent and disinterested witnesses. These witnesses have convincingly proved the manner of the second incident.......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...... 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 ......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......sitive look over the evidence of P.Ws. 2-7 & 10 who have eventually posed them as eye-witnesses of the occurrence also proved themselves worthy of credit because their evidences are found to be a natural one since all of them were present at the time of occurrence. There may be some discrep..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......llip;…………………………….Condemned-Prisoner Judgment October 19, 2006. Result: The Death reference is rejected and the Jail Appeal is allowed. Cases Referred to- Gourango Kumar Shaha Vs. State, 2 ......ligation to explain as to how his wife met with such unusual death in her young age. But the husband accused having been failed to give any acceptable explanation, the only irresistible and natural conclusion is that it was none but the husband had committed murder of his wife. She submits..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....ion of this witness by the defence lawyers did not elicit anything which may taint his creditworthiness or which could cause us to doubt his evidence. Out of all the witnesses examined he is the most disinterested and independent witness, having no enmity with the accused persons. It is seen from hi......n (Criminal Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J The State…………………………………………..Appellant Vs. Shahid Javed Gaira @ Garib Miah and others……………………………Opposite Parties Judgment August 29, 2006. Resu......im at point of guns. 35. We find from the evidence of P.W.1, the informant, that she was present from the very inception of the chase until the time of the shooting of the victim. We find it quite natural that she would follow the assailants who were chasing her husband with lethal weapons such a..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
....
In the result, the
Rule is discharged.
Communicate the
judgment and order immediately to the parties concerned.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 57.
......CD) (2008) 57.
......Âquiry
under Section 21 of the Securities and Exchange Ordinance, 1969 behind the back
of the petitioner is liable to be declared to have been held without any lawful
authority being violative of natural justice and also declared to have been
held without lawful authority since the law does not..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....d to implement this order as per rules within 30 days from the date of receipt the copy of this judgment and report compliance. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 495. ......……………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others……………………………&h......rolong mental sufferings of the petitioner. Such conduct of the Respondents is tantamount to non-application of mind and colourable exercise of power which is clear violation of the principle of natural justice. 15. It appears that no charge was framed against the petitioner nor any enquir..Category: Employment/Service Law | Date: 18 Apr, 2006 | Hits: 2
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
.... and that the defence did not dispute the possession of firearm by giving 'Suggestion to any prosecution witnesses that the appellant was falsely implicated this case" and that the disinterested witnesses "deposed on the material question of recovery of the revolver from the ......abya Khatun…………………………………………………..Petitioner Vs. The State and another……………………………&......l the truth of such inference is disproved. We find no reason to depart from these principles of presumptions inferred by the superior Courts of the United States of America from the common course of natural events, human conduct and public business and view otherwise. We are, therefore, of the view..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
....med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......
Present:
Md. Abdul Aziz J
Most.
Musarraf Sultana………………………………………………………………………………………Petitioner
Vs.
Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
......ilable with the
college auÂthority, etc. Mr. Rahman submits that the impugned order of
dismissal of the plaintiff-petitioner is illegal, without lawful authority and
violative of the principle of natural justice having been passed without giving
her any opportunity of being heard. Referring Reg..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....iling the impugned judgment and orÂder. He submits that the prosecution failed to prove the charge against the appellants beÂyond all reasonable doubt adducing cogent and convincing evidence. No disinterested and independent witness was examined in support of the prosecution case. The appelÂl......D (HCD) (2007) 29. ......itness was examined in support of the prosecution case. The appelÂlants as co-villagers were previously known to the informant, his wife and nephew Abu Taleb. In that case it is improbable and unÂnatural story that they in presence of inforÂmant, his wife and nephew stabbed the deÂceased to ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & TeleÂcommunications and others......Respondents Judgment August 25, 2005 Cases Referred to- Dip Narain S......ding consideration of certain limitations including public policy. 35. The word 'public policy' is not easy to define but may include any injustice, oppression, restraint of liberty, commerce and natural or legal right, whatever tends to the obstruction of justice or to the violation of the stat..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)
....llant in causing miscarriage has been well established. At his instance miscarriage was done. 30. But from the evidence of P.W.5 we find that the deceased wife was a consenting party. P.W.5 is a disinterested and independent witness. She said that the deceased told her that she was not ready to......neral with Parvin Hannan, Assistant Attorney-General‑ For the Respondent. Criminal Appeal No.2085 of 2000. Judgment AKM Fazlur Rahman J.- This appeal is directed against the judgment and order dated 13‑8‑2000 passed by the Additional Sessions Judge, 4th Court, Khulna in Sessions......azila Health Complex where she died on 14‑8‑1997 at 5‑10 AM due to haemorrhage. 3. Dr. Muniruzzaman, a medical officer of the hospital, in writing informed the local police station about unnatural death of the deceased in the hospital, on the basis of which UD Case No.14 of 1997 dated 14â..Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1
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