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Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....s 7(seven) P.Ws. who were 3(three) teachers of the School, 3(three) Members of the Managing Committee and the Sub-Divisional Education Officer. So the acquittal order was bad in law as well as in the facts and circumstances of the case. 3. On behalf of the respondents it was submitted that the ap......ember of the Managing Committee of Giriberchar High School of Goshairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only fr......Lastly, on 5.2.82 though the accused was himself absent the learned Magistrate passed the acquittal order holding the accused to be not guilty merely because the P.Ws. were absent after expunging the evidence of as many as 7(seven) P.Ws. who were 3(three) teachers of the School, 3(three) Members of ..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ich 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 facts upon which the issue at hand is made to turn to be substantive law………………………......ase is also Reported in: 14 MLR (HCD) (2009) 181. ......pport 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 facts upon which the issue at hand is made to turn to be substan..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......Reported in: 16 BLC (HCD) (2011) 327. ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....High Court Division registered as Criminal Miscellaneous Case No 5936 of 2008 in which he obtained pre-arrest bail by the Honorable High Court Division till submission of the police report. 3. The facts leading to the filing of this petition under 561A of the Code of Criminal Procedure (CrPC) bri......r Vs. State………………………….Opposite Party Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the com......f WT. Bangladesh as a nominee of WCI By a letter dated 12-7-2005 his nomination as director was cancelled by WCI. The complainant Managing Director of WT. Bangladesh has come across information and evidence to the effect that, while the accused No.1 was Director of WT Bangladesh the accused commit..Category: Criminal Law | Date: | Hits: 124
Category: Civil Law | Date: | Hits: 119
Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)
.... the Act in several cases. By now it has been well settled. Indeed we have found a sharp departure by the respondents in complying with the said provisions in the present case. 12. Considering the facts and circumstances of the case and the stake of the petitioner on the subject matter (gold bar)......Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abul Hossain……………………Petitioner Vs. National Board of Revenue and others………………………Respondents Judgment April 8, 2012. Result: The Ru......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....rtha Execution Case No. 28 of 2005 issuing warrant of arrest (Annexure C to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 22-4-2004 the respondent No. 3, Sonali Bank as plaintiff inst......2009) 760. ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..Category: Civil Law | Date: | Hits: 93
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....ge, 1st Court (In Charge), Chittagong in Criminal Revision No.284 of 2004 should not be quashed and/or such other or further order or orders passed at to this Court may seem fit and proper. 2. The facts leading to the filing of this application under 561A briefly is that the 1st party petitioner ......r Vs. State…………………Opposite Party Judgment May 18, 2010. Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Sections 145(4) and 146 Order of appointment of a receiver For passing an order to appoint a receiver, the Mag......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
.... evidence on record came to his finding that the plaintiff could be able to prove the case successfully as such the suit was decreed in favour of the plaintiff. He further submits that the finding of facts whether concurrent or not arrived at by the lower appellate Court is final which is not liable......the Appellate Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and othe......hat he will not contest the suit and he relinquished his claim over 20 decimals of the suit land bearing Plot Nos. 166 and 167. 10. The learned trial Court after concluding the trial, examined the evidence on record and after perusing the exhibits, papers and documents dismissed the suit. 11. ..Category: Property Law | Date: | Hits: 112
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......7 LG (HCD) (2010) 142. ......g pre-emptory hearing, evidence was adduced to the effect that Ayesha died after 6/6 years of the liberation of Bangladesh. 4. The preemptor adduced 3 P.Ws. and the pre-emptee did not adduce any evidence by themselves to deny the preemptor's case. 5. The learned Assistant Judge on consider..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
.... Mr. Fida Kamal submitted that Bangladesh ratified the Basel Convention, 1989 on 01.04.1993 and is bound to implement the provisions and safeguards contained therein. He pointed out that from the facts of the instant case, it is apparent that the NOC for opening L/C for importing a vessel, whi......0 of 2008. Judgment Md. Imman Ali J.- The subject matter of the instant application is the import of an oil tanker plying under various names, including Atlantia, New Atlantia, Ocean Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (resp......condly for the environment and those living in the immediate vicinity and surrounding region. There can be no doubt that the vessels being imported for scrapping do contain hazardous materials as evidenced by the Greenpeace report Annexure-O, which is unwittingly supported to a certain extent by..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....g unsuccessful in arresting the real culprits falsely implicated the convict-appellants in the present case. 8. The Assistant Sessions Judge on consideration of evidence on record as well as the facts and circumstances of the case found the convict-appellants guilty for the offence punishable......hahidul Karim J Jahirul Haque…………………………….Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands dismissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Bad......the convict-appellants including the two other accused persons were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 7. The defence case as could be gathered from the trend of cross examination is total d..Category: Criminal Law | Date: | Hits: 83
Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)
....anuary 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir...... 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir Vs. S......……………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evidence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(..Category: Criminal Law | Date: | Hits: 99
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....ch was decided by the salish to be used for the common passage. 6. Respondent No.4 RAJUK has filed a separate affidavit-in-opposition with the contention that RAJUK is not a necessary party in the facts and circumstances of the case. 7. Mr. Zulhas Uddin Ahmmed, the learned advocate appearing f......al Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J Faroque Reza………………………………Petitioner Vs. Government of the People's Republic of Bangladesh and others……………………………Respondents Judgment July 3, 2008. Result: Th......an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ..Category: Civil Law | Date: | Hits: 74
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
....ly Appeal no. 15 of 2003 by modification of the judgment and decree dated 31-05-2003 passed by the learned Judge of the Family Court, Basail, decreeing Family Suit No.10 of 2002, in part. 2. Short facts leading to this Rule are that on 03-07-2002, the opposite party as plaintiff instituted Family......….Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- Akrab Ali and others Vs Zahiruddm Kari and others, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; 19 BLD (AD)......, the learned Advocate appearing for the petitioner seeks to impeach the impugned judgment and decree of the Court of appeal below on the two-fold arguments. Firstly, the plaintiff could not prove by evidence that the marriage was consummated, so she is not entitled to get a decree for the entire am..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....m order of injunction restraining the respondents No.3 and 4 from dealing with the properties mentioned in schedule A, B and C of the application under Section 7Ka of the Act of 2001. 3. The short facts leading to the initiation of this application are as follows. The petitioner company entered i......ourt High Court Division (Special Original Jurisdiction) Present: Mamnoon Rahman J STX Corporation Ltd………………………Petitioner Vs. Meghna Group of Industries Limited and others…………………………Respondents Judgment January 1, 2011. Result: Th....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)
....ed Tribunal Judge noted that the copies of the newspapers, Daily Janakantha and Daily Sangram, where the said notifications were published, were received in the case record. 7. Under the aforesaid facts and circumstances we are to consider as to whether the learned Tribunal Judge had to write in ......d. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......ed under section 4 of the Anti‑Terrorism Act of 1992 and each was sentenced to suffer RI for 5 years and also to pay fine. 2. It is not necessary to state the prosecution case or to consider the evidence on record as, it appears, the Rule was issued only on the ground as stated in the Rule appl..Category: Criminal Law | Date: | Hits: 99
Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....xure‑A) and the seizure of the arms of the petitioner as mentioned in Annexure‑"E" should not be declared to have been made without lawful authority and are of no legal effect. 2. The relevant facts stated in the petition, are that the petitioner was the Chairman of the Zila Parishad, Pabna w......urt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Result: The......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..Category: Criminal Law | Date: | Hits: 77