Search Options
Judgment Advanced Search
Displaying 2041-2060 of 7208 results.
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......s with regard to the application of clause (c) of section 195(1) of the Code of 1898 to the said order. However they differ on the point as to whether the disputed Kabala and the death certificate in question can be considered to have been "produced or given in evidence" in the proceeding of Title S......he proceedings of Title Suit No.1653 of 1981. 2. Earlier a Rule was issued in this revision and further proceeding of C.R. Case No.40 of 2004 instituted on the said complaint was stayed. 3. The facts relevant for disposal of the present Rule are as under: The root cause of the aforesaid ord..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......ers Vs. Mohammad Ali and others…………………..Opposite parties Judgment January 28, 2008. Result: The rule is discharged. Partition Suit In a Partition Suit disputed questions of title may be involved and such questions are to be decided by the Court trying the suit......ssion and the defendants were possessing the land adversely against the plaintiff and the genealogy given by the plaintiff in the plaint is not proper and the plaintiffs have intentionally suppressed facts and have not allotted any share which Ziaullah was entitled as residuary and thus the suit of ..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......ey of the cheques is not payable unless and until disputes are settled in the pending suit. That the suit was filed in the Civil Court seeking declaration over the ownership and possession, where the question of validity of the cheques is involved. So, according to the contention of the learned Advo......lay. Even mere pendency of earlier Civil Suit, connected with the matter, is no ground to stay the criminal proceedings initiated subsequently. The Court is to take into consideration all the related facts and circumstances of a case, nature of allegation and points invoked in the two proceedings to..Category: Procedural Law | Date: | Hits: 128
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
......writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......ment relates is situated within the jurisdiction of a Sub-Registrar, the Sub-Registrar has no jurisdiction to register the document and registration if executed will be fraud. In a case of fraud, the question of limitation will run from the date of knowledge and not from the date of execution of the......y passed the impugned judgment after assigning cogent reasons. He next submits that the learned appellate Court is perfectly justified in reversing the judgment of the trial Court and the findings of facts arrived at by the Court of appeal below, which is the final Court of fact having based on evid..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......g a person by force or by inducing such a person by deceitful means. Thus we find that in the case of kidnapping a minor or a person of unsound mind from the custody of a lawful guardian, there is no question of compelling the minor under sixteen years of age by force but in a case of abducting a pe......ands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of fact and circumstance of the case, inherent infirmities disturbing and striking facts of prosecution case are also required to be taken into consideration. Rival contentions surged..Category: Criminal Law | Date: | Hits: 74
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
......ssa Waqf Estate for 99 years. Their claim is that they have been in lawful possession of the property since the grant of their respective leases and that during the latest land survey the property in question was recorded in the name of the Waqf Estate. It is further stated in the petition that a Ti......ssued in each of the other three writ petitions in respect of the lawful authority of the issuance of the respective, eviction notice being Annexure-J by the same authority mentioned above.
4. The facts of the case relevant for disposal of the Rule, in brief, are that the petitioners in all the f..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......ng of the legislature through the medium of words by which this intention has been expressed, and in doing so the Court must see that it is giving effect to the interest and purpose of the statute in question. . . when the legislature has put an embargo to the Mayor of the City Corporation disqualif......” Amicus Curiae. Writ Petition Nos. 9124-9126, 9336, 9459, 9320, 9428, 9637 and 9729 of 2008. Judgment Farah Mahbub J. - Since common question of law and facts are involved in all these Writ Petitions they have been heard together and are being disposed ..Category: Constitutional Law | Date: | Hits: 466
.... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
......No.2386 of 2009.
Judgment
Syed Mahmud Hossain J.- Writ Petition Nos.1669 of 2009 and 2386 of 2009 were heard together and are being disposed of by this common judgment as they do involve common questions of laws and facts.
2. In Writ Petition No.1669 of 2009 the Rule Nisi was issued under t......dgment
Syed Mahmud Hossain J.- Writ Petition Nos.1669 of 2009 and 2386 of 2009 were heard together and are being disposed of by this common judgment as they do involve common questions of laws and facts.
2. In Writ Petition No.1669 of 2009 the Rule Nisi was issued under the following terms:
..
Category: Others | Date: | Hits: 107
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ...... damages to the Board. He stated that a foreign consultant was engaged for supervision of the work of the project, namely, Melcon Bellat. Mr. Salehin Consultant was the partner of the foreign firm in question. The consultant made the design and supervised the progress of the work of the Project. The......ration case must be held to be illegal and without jurisdiction and consequently of no legal consequence. Mr. Bhuiyan submits that section 9 of the Arbitration Act has no manner of application in the facts and circumstances of the case in terms of Clause 67 of the agreement. Mr. Bhuiyan argues that ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ...... learned Deputy Attorney-General who also finds it difficult to support the charges framed under section 19(a) and (f) of the Arms Act by this Tribunal for want of jurisdiction. 4. Considering the facts and the submission of the learned Advocate as well as the provisions of law it appears ex faci..Category: Criminal Law | Date: | Hits: 79
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......y committed an error of law resulting in an error in the decision occasioning failure of justice. 16. He further submits that the appellate Court made out a third case without considering the real question in controversy thereby committed an error of law resulting in an error in the decision occa......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..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......er a loan agreement do not operate as an entrustment under section 405 of the Penal Code. Accordingly, when there is no entrustment, there cannot be any trust. If there is no trust, there cannot be a question of criminal breach of trust. In the transaction of loan, the loan giver does not hold any c......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..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. ......ear that Family Courts will follow the personal laws of those subjects. 19. Mr. M Nurullah lastly placing the decision reported in 47 DLR 18 (Meher Negar Vs. Mojibur Rahman) urged for deciding the question of maintainability of a criminal proceeding that may be filed under section 488 of the Code...... 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. ..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......n 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 cannot be carr......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..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....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. ......ions but the Artha Rin Suit cannot be withdrawn since the recommendations are not binding upon the Bank. 10. In view of the submissions made by the learned Advocates for the parties the most vital question to be decided in the Rule is, whether the court can direct implementation of the recommenda......, 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..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......hat the predecessors of the present petitioners were made parties in the partition suit. The summons were duly served upon the defendants but they did not contest the suit. The judgment and decree in question were passed in accordance with law but the petitioners filed the Miscellaneous case on some......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..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......e are not applicable and cannot be read with section 6(5) of the Criminal Law Amendment Act. Since the cases cited above by the learned Advocate of the petitioner did not involve determination of the question of requirement of sanction under section 6(5) of the Criminal Law Amendment Act they have n......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..Category: Criminal Law | Date: | Hits: 130
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
...... or Dhaka University Ordinance or Regulation in Calendar Part II chapter XLII for such notice before issuance of final order. The submission of Mr. Islam regarding such notice is of no substance. The question of violation of natural justice advanced by the learned Advocate for the petitioners that n......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..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ...... 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‑..Category: Criminal Law | Date: | Hits: 75
81228121812081198117811681158114811281098108810681058103810281018098809780968095