Search Options
Judgment Advanced Search
Displaying 1981-2000 of 7038 results.
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....full in favour of the plaintiff and against the plaintiff defendants; And (e) Granted any other or further relief or reliefs to which the plaintiff may be found entiÂtled in law and equity in the facts and circumÂstances of the case." 3. Short facts of the plaintiff s case is that the predec......t once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......ghter of Abdul Khaleque became a competent witnesses. He further submits that a revisional Court cannot reÂopen the factual aspect of the case, only in case of misreading or non-reading of materials evidence or non consideration of evidence on record or misconÂstruction or any document revisional ..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....uashing a proceeding under section 561A of the Code of Criminal Procedure, one of the following condiÂtions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Whe......Procedure, one of the following condiÂtions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to ......r face value and accepted in their entireÂty, do not constitute the offence as alleged. (5) The allegations against the accused although constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mohammad Fazlul Karim J Md. Joynul Abedin J Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is di......te party No.1 nothing has been argued on the merit of the case, but we have looked into the judgment of both the Courts below. It appears that after examination of some witnesses and appreciating the evidence the trial Court passed the decree allowing maintenance to opposite party No.1 and her son. ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....shed, an accused person for an act will be liable for his individual act and not for the act done by other accused persons….…(40) Dying declaration Statements, written or verbal of relevant facts made by a person who is dead, or who cannot be found or who has become incapable of giving evi......………………………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innoce......inistration of Criminal Law and Justice Delivery System is the innocence of alleged accused and till charges are proved beyond shadow of doubt on the basis of clear cogent, credible and unimpeachable evidence, question of indicting or punishing an accused does not arise, Justice delivery system cann..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
...., the instant misconceived and not maintainable Writ Petition and the Rule should be discharged. 6. The petitioner filed an affidavit-in-reply dated 13th November, 2007 mostly reiterating the same facts as in the Writ Petition and annexing the Photostat copies of the same documents. 7. Respon......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikkh Abdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule i......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..Category: Constitutional Law | Date: | Hits: 334
Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)
....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Convict-Appellant Vs. The State………………………………Respondent Judgment November 28, 2006. Result: The appeal is allowed. Conviction and sentence under the Arms Act only on the basis of highly interested police witnesses In a char......ruthfulness of prosecution case and this non-examination gave rise to a legal inference that if they would have been examined they would not have supported prosecution case. 8. In the case in hand evidence and materials on record are much below the standard required to demand a conviction upon co..Category: Criminal Law | Date: | Hits: 125
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....tuted the suit and got the ex-parte preliminary decree on 30.12.1987 and decree was signed on 8.1.2002 but no summons or notices were served on the petitioners and obtained the decree suppressing the facts fraudulently and stated further that before the filing of the suit the defendants died but the......cords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......decree holder only. 5. The petitioner examined 2 P.Ws. and plaintiff opposite party examined opposite party no.1 to prove their respective case. 6. The Joint District Judge upon considering the evidence and records, dismissed the Miscellaneous Case by order dated 25.4.2004. 7. Against the a..Category: Procedural Law | Date: | Hits: 133
....es of the University asked the Controller of Examinations to issue show cause notice to delinquent examinees and they replied in time. The Discipline Board considered the explanations in the light of facts as found by the Enquiry Committee and found prima facie case of the examination offences, such...... also Reported in: 50 DLR (HCD) (1998) 567.
......tioners either orally or in writing nor any witness was produced before them to substantiate the vague and unspecified allegations set out in the said show cause notices. It is further stated that no evidence whatsoever was recorded or existed and none of the witnesses was ever produced before the i..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
.... courtyard and the Municipal road and contiguous east of the house of accused Yunus Mia and other accused persons. But the learned Sessions Judge acquitted the accused persons on consideration of the facts that occurrence village had 15/16 thousand residents, three sitting Poura Commissioners, Ex‑......998) 564. ...... this respect law spares none………………………(9) Relationship of the witnesses with a party Relationship of the witnesses with a party cannot be the sole ground of disbelieving their evidence unless contradiction and inherent infirmity are found in their evidence. . . When the occur..Category: Criminal Law | Date: | Hits: 75
Abdul Latif Howlader Vs. Additional Deputy CommiÂssioner (Revenue) & others, 1998, 27 CLC (HCD)
....uch jurisdiction it commits mistake such mistake cannot be amenable to judicial review under the high prerogative writ jurisdiction which the Court exercises as discretionary one. On reference to the facts and findings of the authorities below in this case and grounds taken in this petition we do no......espondents Judgment August 4, 1998. Result: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial ......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....f Civil Procedure, 1908 (Act No. V of 1908); section 115(1) Scope of section 115(1) A Court of reviÂsion under section 115(1) CPC can interfere with the findings of fact as the final Court of facts only in exceptional circumstances when the findings are shockingly perverse or these are vitia......h Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Mian J Bangladesh, represented by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment March 23, 2011. R......e with the findings of fact as the final Court of facts only in exceptional circumstances when the findings are shockingly perverse or these are vitiated by non reading and misreading of the material evidence or mis-construction of any important documents affecting the merit of the suit…………â..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....centers around the encashment of a cheque, P.W.6, an officer of the Bank, deposed otherwise. 13. Lastly, Mr. Khan submits that the learned Additional Sessions Judge failed to apply her mind to the facts of the case and evaluate the evidence on record, which caused a serious miscarriage of justice......aq Ahmed………………………………Appellant Vs. State………………………Respondent-Opposite-Party Judgment March 25, 2010. Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of s......ght witnesses, while the defence examined none. The defence case, as it appears from the trend of cross-examination, is one of innocence and false implicaÂtion. 8. Upon conclusion of recording of evidence, the appellant was examined under section 342 of the Code of Criminal Procedure during whic..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... writ petitions issued by different letters fromthe office of the Civil Surgeon, Sunamganj. 3. All the writ petitions are heard together and they are disposed of by this single Judgment. 4. The facts of Writ petition Nos.1796 of 2011, 1798 of 2011, 1799 of 2011 and 1800 of 2011 are identical. ......also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ..Category: Employment/Service Law | Date: | Hits: 148
....authority and is of no legal effect.
2. The petitioner challenged the legality and validity of acquisition of his homestead land (inpart) in L.A. Case No.1 of 95-96 (Annexure-'A').
3. The short facts of the petitioner's case is that the original owner of the land was Naida Bashi Chowkidar, fro......l Original Jurisdiction)
Present:
Mir Hashmat Ali J
Syed Abu Kowser Md. Dabirush Shan J
Al-Haj Abdul Maleque Gazi, son of late Mohammad Gazi, Village-Mokimabad, Thana Hajigonj, District-Chandpur………………………Petitioner
Vs.
The Government of the People's Republic of Ban......es of the 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) 373.
..
Category: Property Law | Date: | Hits: 73
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
.... affecting the merit of the case." 12. I have gone through the judgment of the courts below and it appears that it can not be said that the findings are based on non-consideration or misreading of facts, thus this Court can not interfere with the said findings of fact of the courts below in revis......dadul Hoque J Government of the People's Republic of Bangladesh, repreÂsented by the Deputy Commissioner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite parÂties Judgment June 24, 2009. Result: ......rding the suit property and the plaintiffs have manufactured forged deed for grabbing Government vested properÂty and the suit is liable to be discharged. 5. At the trial both the parties adduced evidence to prove the case. The plaintiffs adduced 4 P.Ws. On the other hand Government examined D.W..Category: Property Law | Date: | Hits: 96
....der Annexure-B and as such no question arises of paying Taka 18 lacks and handover of possession of Dhaka Head Office of the company to the writ petitioner. These denials have been an un contorverted facts as no reply has been filed by the writ petitioner.
22. The contents of Annexure-12 appendÂ...... can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27)
Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that th......nd his co holders of shares has been materialized subject to result of this writ petition. It has been further categorically denied that the writ petitioner complied any of the terms of Annexure-B as evidenced form the admission made in Annexure-12, a letter written by the writ petitioner and also s..
Category: Administrative Law | Date: | Hits: 299
....ere never been acted upon and held on consideration of the evidence both oral and documentary and the plaintiffs is the only surviving heir of late Ramoni Mohan, the Appellate Court since settled the facts being a final Court of facts, these warrant no interference by the Hon'ble Court and thereby, ......ecords immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......the Court of Munsif, 1st Court, Sylhet in the name of the deities styling Ramani Mohan as Shebait, so that she being a Baishnabi might succeed him as next Shebait. The rents suit were filed to create evidence concerning the suit land that such land were debuttar Property. The said lady gave Ramani M..
Category: Property Law | Date: | Hits: 102
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....oner has been in jail hajat in this case since 03.12.2006 without trial. Consequently, we are of the view that the trial is unduly delayed due to the negligence of the prosecution. Considering the facts and circumstances of the case, the gravity of the charge levelled against the petitioner and t......Accused-petitioner Vs. The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two) years without trial and 3 prosecution witnesses wer......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ..Category: Criminal Law | Date: | Hits: 88
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......ant (In Custody) Vs. The State…………………………Respondent Judgment May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for con......ms and ammunition was recovered from the control and possession of convict appellant Mirza alias Mizan and the learned special Tribunal most illegally convicted the accused appellant having no proper evidence. He further submits that convict appellant is innocent and as such the appeal should be all..Category: Criminal Law | Date: | Hits: 65
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....or Specific Performance of Contract against the opposite parties (the defendant) in respect of the suit lands (the property) which on transfer was renumbered as Title Suit No. 68 of 1983. 2. Short facts of the plaint case are as follows: the suit property consisting of corrugated iron sheet-roofe......his Case is also Reported in: 61 DLR (HCD) (2009) 131. ......ed in holding that these were forged documents created by the plaintiff for the purpose of the suit. These findings of the Court of appeal below were based upon proper appreciation of the documentary evidence on record. 17. Mr. AJ Mohammad Ali, learned Advocate has referred the cases of Jamshed K..Category: Civil Law | Date: | Hits: 138
81068105810381028101809980988096809580938092809180908088808780868085807980778076