Search Options
Judgment Advanced Search
Displaying 2121-2140 of 7208 results.
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......…………………..(26) The burden of proving alleged fraud and deceit falls squarely and vertically on the bank, because of the rule "Probandi necessitas incumbit illi qui agit". Although all questions in a civil case are to be determined on preponderance of probability, an allegation of cri......under the provisions of the Companies Legislation. Senior Vice President of the said bank, as well as the said bank represented by its President, as defendant Nos.1, 2 and 3 respectively. The salient facts as narrated in the plaint in this case are, in a nutshell, narrated below: 3. The plaintiff..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......ourt within the local limits of whose jurisdiction it was committed………………………(23) The offence under section 138 of the Act can be completed with the concentration of the number of facts (i) First occurrence and consequently agreement was made between the parties (ii) drawing of t..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......, now detained in Dhaka Central Jail, initially detained by an order passed by the District Magistrate, Jessore on 31.1.89 under section 3 (2) of the Special Powers Act has been challenged. 2. The facts of the case are that the detenu Madan Mohan Saha was taken into custody in pursuance of an o..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......n of sub-section (1) of section 339B Cr.P.C. but also violative of the principle of natural justiceas has been held in the case of Md. Sabuj Miah. Mr. Bakar further submitted that where a substantial question of law is involved in a case the Court should condone the delay. In support of his conten......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......rom the appellant was not proved and the conviction was set aside". We are in respectful agreement with the above principle and the same is applicable in the present case. So having regard to the facts we hold that manner of recovery of explosive substance (cocktail bomb) from the exclusive cont..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......ing and on 9.3.96 restored the suit to its file and number. The trial Court in its discretion restored the suit as the application was filed on the same day. A discretion having been exercised in the facts of the present case, we do not think that the learned Single Judge committed any illegality in..Category: Procedural Law | Date: | Hits: 154
.... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
...... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
......ontracts and along with the Bank in each case being further restrained from encahsing and making any payments under a total of twelve bank guarantees otherwise specified in each such Order.
2. The facts under consideration in all these six Applications having arisen out of the Petitioner Company ..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......, Advocate ‑ For the Opposite Parties Nos.1‑3. Civil Revision No.660 of 1993. Judgment Md. Joynul Abedin J.- This Rule at the instance of the purchaser-pre‑emptee petitioner calls in question the Judgment and order dated 28‑11‑92 passed by the Additional District Judge, First Co...... The High Court Division in this connection relied upon the decision of Motilal Sikder's case in which it was observed that the positive injunction as to parties under section 96(2) is directory. The facts of this case as set out above are not attracted by the decision in Motilal's case. On the cont..Category: Property Law | Date: | Hits: 155
....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
...... of the Code of Civil Procedure without passing even formal order thereon in terms of the provision of Order 14 rule 2 of the Code of Civil Procedure. He, however, does not have much grievance on the question of the rejection of petitioner's prayer for rejection of the plaint under Order 7 rule 11 o......her the suit could be decided on this preliminary issue. Even his refusal to decide the preliminary issue on the question of maintainability of the suit is to be held as illegal and arbitrary. In the facts and circumstances of the case, we are inclined to hold that the learned Subordinate Judge erre..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......produced him before the Court for suffering imprisonment for life which is annexed as Annexure C to this petition. It further appears from Annexure‑A that an application was filed stating all these facts before the learned Sessions Judge but he refused to entertain any application as the records h..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......ought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR Case No.296 of 1996 and the entire proceeding of the said case. 2. The facts relevant to dispose of the Rule, in short, are that, the present petitioner and four others fi..Category: Criminal Law | Date: | Hits: 89
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......efence he denied the defence suggestion that the cloths do not belong to deceased Tipu. 33. P.W.20 Md. Aftabuddin stated that he is a farmer and also attached with "Tableague", the guava garden in question near the house of Nurul Islam was owned and held by him, after the Fazar prayer on the date......ght of occurrence and after the occurrence the accused had become puzzled and without informing the members of the family of his father-in-law he left the house leaving his motorcycle and all these facts have been proved by the cogent, credible and reliable evidence of the prosecution witnesse..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......It may be mentioned here that in this appeal it can not be decided whether the Tribunal was justified in holding that the P.Ws. 1 and 2 committed any offence under section 193 of the Penal Code. That question can be decided by the Magistrate to whom complaint may be filed after inquiry under section......ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ..Category: Criminal Law | Date: | Hits: 72
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ...... Whether adjudication rendered by Courts below warrants any interference by this Court in exercise of Revisional Jurisdiction envisaged in section 115 of The Code. 2. In broaching and riposting to questions posed, factual matrix, evidences adduced from both sides, materials on record and fact and......show that before 25.5.2005 Defendants-Petitioners had knowledge of institution of Suit and Plaintiffs-Opposite parties having failed to show otherwise. Courts below committed serious error of law and facts in holding the case to be barred by limitation. 14. Contentions so raised have been hit bac..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......e inclined to examine the legality as to the holding of the post of Secretary-in-Charge by the Respondent No.5. It has also now been settled that in a petition of writ of quo warranto any citizen may question or challenge the holding of any public office by any person unauthorisedly and or in an unl......ney General placed before us the Affidavits-in-Opposition of the Respondent Nos. 3 and 4. The Affidavits-in-Opposition of the Respondent Nos. 3, 4 and 5 are almost similar in respect of statements of facts as well as submissions made therein and that the learned Deputy Attorney General in fact appea..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....d 8124 of 2005 were heard analogously and being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the...... 2005. Judgment Syed Mahmud Hossain J.- Writ Petition Nos. 7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical ...... Syed Mahmud Hossain J.- Writ Petition Nos. 7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Le..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......st. The petitioner lost his seniority in 1990 by operation of promotion procedure as amended by the board of Directors of BADC. As such after about 13 years the petitioner is stopped from raising the question of his lost seniority. 4. Mr. Md. Sultan Mahmud, learned Advocate appearing for the peti......91 of the Ministry of Agriculture (Annexure-I) and to consider the case of the petitioner for promotion to the post of Manager/Joint Director and pass such other or further order or orders. 2. The facts leading to the issuance of the Rule are: The petitioner, an M.Sc. in Agricultural Economics..Category: Employment/Service Law | Date: | Hits: 144
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ...... by filing a petition stating that those persons are not necessary parties and plaintiffs filed the petition for amendment of plaint only to delay the disposal of the suit and they will not plead the question of defect of party. 8. The learned Joint District Judge was pleased to reject the same b......der reference is a partition suit. In a suit for partition, all persons must be impleaded as parties for complete and effective adjudication of the dispute. 19. In view of the provision of law and facts and circumstances of the case we are of the view that since it is a partition suit and implead..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......the case holding with House Building Finance Corporation on 11‑2‑69, took loan and constructed building on the holding. She entered into an agreement with the petitioner to sell the properties in question and on her failure to grant sale deed the petitioner instituted Title Suit No.3 of 1979, su......rt of his contention that the decree in question is binding on the Government who was a party in the suit and that the sale deed through Court cannot be questioned by the Government. We find that the facts of the present case and those of the case referred to above are almost similar and it fully su..Category: Property Law | Date: | Hits: 107
....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment.
There will be no order as to cost.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 467.
......ter on this Salahuddin died and his heirs have been duly substituted in this writ petition. Subsequently, the other heirs also filed an application for addition of party as petitioners in view of the facts that their names were required to be mutated in the record of rights in place of their predece..
Category: Property Law | Date: | Hits: 119
80038001800079997997799679947993799279917990798779867984798379827980797979787977