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Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)
....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 accused. The fundamental and basic presumption in the administration of criminal law and justice delivery system ...... 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. ..Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....e. 5. Mr. Raisuddin Ahmed, the learned Advocate, appearing for the petitioners, supports the Rule and submits that the respondent No. 1 without complying with the opinion, of PSC violated the fundamental rights of the petitioners. He adds that PSC opined that the seniority of the petitioner......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
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ative. The attempt made by prosecution to carry guilt to the convict-appellants through the lip evidence of P.W.4 did not at all appear to have been crowned with success. 44. This drives us to a fundamental facet of prosecution case embossing a patent doubt in the truthfulness of prosecution ca......mony house. Runa Laila became senseless after the accused persons made a good escape by running away. Informant P.W.1 had been absent in the house and he came on the following morning of the incident right. One Buida Doctor was called. He treated Runa Laila. There had been profuse bleeding. Runa Lai..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....e learned Judge concluded that upon overall scrutiny he 'surmised' (sarbik porjaluchonay anumita) that the Sundar Babu in Court was the Sundar Babu involved in the case. Such a conclusion lacks basic fundamental knowledge of criminal justice. An accused cannot be convicted on surmise. There must be ......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
M. H. Monzur Vs. Md. Nuruzzaman and others, 2006, 35 CLC (HCD)
....d a right had accrued to the other side. But the latter principle can be departed from, if there are circumstances which outweigh the hardship and cause a prejudice to the applicant. One of the fundamental principle governing the amendment of the pleadings is that all the controversies between......ithin 6(six) months from the date of receipt of this order. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 220. ..Category: Procedural Law | Date: 21 Aug, 2006 | Hits: 42
....its former Directors is
liable to be declared to have been initiated without any lawful authority. He
finally submits that the action of the respondent against the petitioner is
violative of the fundamental rights of the petitioner as enshrined under
Articles 31 and 40 of the Constitution and ......
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.
..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....ileges are attached to their offices. The privileges are not because they are supermen, or any of that kind, rather, are allowed so that by using the privileges, they can serve the people better. The fundamental aim is to render services to the people whom they represent for a limited period fixed b......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
.... or exclusive possession or effective or actual control of the goods other than constructive possession, there is no legal bar to convict the accused. 30. Suffice it to mention here that it is a fundamental rule of evidence that unless there is some presumption as to the existence of a fact, wh......acting under the provisions of Cr.P.C. At this stage, if there is any non-compliance of the provisions of S.100 or 165 Cr.P.C, that by itself cannot be a ground to reject the prosecution case outright. The effect of such non-compliance will have a bearing on the appreciation of evidence of the ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....t is to be liberally allowed so that rights of the parties can be fairly and conclusively determined and multiplicity of suits avoided. It is, also, to be remembered that amendment must not alter the fundamental character of the suit, that is, the edifice on which the suit is based. Where the propos...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
.... and committed a patent error in the decision. Judgment of conviction and sentence having suffered from legal infirmity got no leg to stand and it crumbles. 41. Disturbing and striking facets of fundamental nature have been manifested in prosecution case inculcating a formidable doubt in the tr......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....relied upon an illuminating passage in the case of Sapphire International Petroleum Limited (Sapphire) vs. National Iranian Oil Co. reported in 35 ILR 136 (1953) where Judge Calvin held: "It is a fundamental principle of law, which is constantly being proclaimed by International Courts, that con...... 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. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
.... passed without any
lawful authority and is of no legal effect. By referring 51 DLR (AD) 24 he submits
that the writ petitioner can come directly to the High Court Division for
protection of their fundamental right even though an alternative remedy is
available and then he referred to 54 DLR (AD......cumstances we do not
find any substance in this Rule. Accordingly the Rule is discharged without any
order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 20.
..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
.... the Constitution it is clear that the makers of the Constitution devised a scheme of total democracy, both at the centre and at the level of local Government. The Preamble declares democracy to be a fundamental principle of the Constitution. Article 7(1) says that all powers in the Republic belong ......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
....urt decided this issue which is no longer res integra.
within its jurisdiction, the Tribunal can strike down an order for violation of principle of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, or any other law. A person in the service of the......d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....মার সপক্ষে সাফাই স্বাক্ষী দেবার ইচ্ছা পোষণ করিতেছি। Some documents had been field under firisti in aid of fundamental contentions comprised in the written statement. List of material documents is given belo......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
.... Rahman J
Judgment
May 23, 2005.
Suo Moto Ex-parte
Order 2005.
Judgment
Md. Abdul Matin J.-
Since
our Republic was established pledging amongst others the rule of law and
fundamental human rights ensuring to every citizen a right to have unimpeded
access to justice and ......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
..
Category: Others | Date: 23 May, 2005 | Hits: 13
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....is found by this Court to constitute the core purpose of the legal regime comprised of the Act read with the Rules. The Petitioner in his Affidavit-in-Reply has clearly highlighted in this regard the fundamental question of maintaining the purity of the Register with the objective of preventing loss......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
....ts should not be directed to give formal sanction to the proposed plan of the project on the basis of application dated 12‑9‑01 and why the impugned memo shall not be declared as violative of the fundamental rights guaranteed under Articles 27, 31, 40 and 42 of the Constitution. 2. The mate...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....ondents have been treated unequally and are being discriminated against and therefore the impugned order (Annexure-K-1) and impugned decision contained inthe minutes (Annexure-M) have infringed the fundamental rights of the writ petitioners guaranteed under Articles 27 and 29 of the Constitution a......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....y illegality in reversing such finding and in releasing the property from the list of abandoned properties as the declaration of the same as abandoned property was infringement of the very valuable fundamental right of the citizen..............(11) Lawyers Involve......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 May, 2005 | Hits: 115
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