Search Options
Judgment Advanced Search
Displaying 2161-2180 of 5707 results.
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....rt, Faridpur, in Special Case No.1 of 1994 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Taka 7,882.50 (Taka seven thousand eight hundred eighty‑t......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......section 409 of the Penal Code read with section 5(2) of Act 11, 1947 against the accused appellant. Since the appellant remained in abscondence, the charge could not be read over to him and, as such, trial proceeded in his absence. The prosecution in all examined 11 witnesses and defence examined no......the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2257 of 1994. Judgment Syed JR Mudassir Husain J.- This Appeal is directed against the judgment and order of conviction dated 19‑10‑94 passed by the learned Additional Sessions Judge, and Spec..Category: Criminal Law | Date: | Hits: 99
Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)
.... Indu Mod Howlader……………Petitioner Vs. Additional Deputy Commissioner and others………………Opposite Parties Judgment August 13, 1997. Result: The Rule is made absolute. Cases Referred to- HM Soya & Co. Vs. Wazir Ali Industries Ltd., 21 DLR (SC) 50; A......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444....... added as defendant No.10 for the reason of his being an authority in charge of the vested property but no appearance was made and no written statement was filed in this case by or on his behalf. The trial Court having found the aforesaid two written statements containing inconsistent and contradict......44...Category: Property Law | Date: | Hits: 84
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....s the petition cannot be maintained as according to the learned Advocate it is the violation of the mandatory provision of Article 50 of the Order. His next submission is that in the prayer portion also there is a violation of the provision of Article 51(2) of the said Order. The learned Advocate co......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......date may be joined as a respondent to the election petition. It has further been held that it is as if a person guilty of a corrupt practice can get away with it. Where at the concluding stage of the trial of an election petition, after evidence has been given, the Court finds that there is sufficie...... Vs. Md. Fazlur Rahman………………Opposite Party Judgment November 19, 1997. Result: The application is rejected. Cases Referred to- Mohan Raj Vs. Surendra Kumar Taparia and Others, AIR 1969 (SC) 677; Udhay Singh Vs. Madhav Rao Scindia, AIR (1976) 744; Satya Narain Vs. ..Category: Election Law | Date: | Hits: 247
Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)
.... plaint. 3. The plaint case, in short, was that by different deeds of purchase and exchange dated 13-9-1980, 23-5-1980, 15-9-1980, 6-7-1981, 26-1-1981, 15-9-1981, and 15-2-1992 from different persons, the plaintiff acquired 0.99/4 acre of land as described in schedule –‘Ka’ to the plaint.......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ......s not entitled to the toll from the cattle marker as he had no right, title and interest therein. The suit was instituted making false statements and, therefore, was liable to dismissed. 6. At the trial the plaintiff examined 6 (six) witnesses including himself as P.W.1 and produced documents whi......hhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Zahurul Islam……………............Petitioner Vs. Deputy Commissioner, Kushtia and others............Respondents Judgment January 29, 2012. Result: The leave petition..Category: Property Law | Date: | Hits: 105
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....Munsif, Sadar, Chittagong for declaration that the kabala dated 4.7.1944, Ext. A, standing in the name of defendant No.1 was a benami transaction, on the allegations, inter alia, that he was a foster son of plaintiff No.2 Sultan Ahmed husband of defendant No.1. Defendant No.1 and plaintiff No.2 were......view and should not have a doctrinaire approach but examine the question from a practical point of view. If on overall reading of a judgment of a lower appellate Court it appears that the point which called for its decision was decided after taking into due consideration the argument advanced by the......earned Munsif being Other Appeal No.210 of 1974 was dismissed on contest by the learned Additional District Judge by his judgment and decree dated 30.7.75. 5. Mr. Farmanullah Khan submits that the trial Court dismissed the suit on the point of limitation and as the lower appellate Court found tha......lant. No one - For the respondent. Appeal from Appellate Decree No.172 of 1976. Judgment AM Mahmudur Rahman J.- This second appeal at the instance of the plaintiff is against the judgment and decree of affirmance passed by the learned Additional District Judge, Second Court, Chittagong i..Category: Property Law | Date: | Hits: 86
Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....sputed land against the defendants. His case was that Sirajul Huq was the original owner of the disputed land and on the death of Serajul Huq the disputed land devolved upon his full maternal uncle's son Ataul Huq and daughter Sayera Khatun as only heirs. Sayera Khatun relinquished her interest in f......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......id decree of the lower appellate Court. 5. Mr. Mokbul Ahmed submitted that the judgment of the lower appellate Court is not a proper judgment of reversal in that while reversing the finding of the trial Court as to whether Md. Wali had two wives or one wife it did not at all advert to the reasoni.......Appellant Vs. Aminul Huq & ors..........................Respondents Judgment January 25, 1989. Result: The Appeal is dismissed. Cases Referred to- Pathana Vs. Mst. Wasai and another, 17 DLR (SC) 47; Mussummat Durga Choudhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appea..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....rt Division (Criminal Revisional Jurisdiction) Present: Md. Arayesuddin J Md. Delwar Hossain J State...........Petitioner Vs. Mohammad Salim ……………………Condemned Prisoner Judgment January 18, 2010. Result: The Death Reference is accepted. Cases Refer......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......Magistrate, Chittagong taking cognizance of the offence against the accused under section 302 of the Penal Code transmitted the case record to the Court of Metropolitan Sessions Judge, Chittagong for trial and registered Sessions Case No. 1 of 2001. Thereafter the case record was transferred to the ......n Vs. State, 61 DLR (AD) 150. Lawyers Involved: Md. Farhad Ahmed, Deputy Attorney General with Md. Nurul Islam Matubber, Assistant Attorney General, Anwara Shahjahan, Assistant Attorney General and Md. Masud Hasan Chowdhury, Assistant Attorney General - For the State Petitioner. Nitai Roy C..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....limited company by shares and registered under the Companies Act, 1994. The petitioner-company was granted the certificate for commencement of business by the Registrar of Joint Stock Companies and also granted the licence for commencing banking business in Bangladesh by Bangladesh Bank. The petitio...... shares first to the Sponsor Shareholders of group 'A' as per stipulation of Article 41 of the Articles of Association of the petitioner-company. In the letter dated 9-11-2006, the petitioner-company called upon respondent No. 7 to clarify his position regarding the sale of his shares without declar...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91....... Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J One Bank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discha..Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ith the Kalihati Police Station alleging, inter alia, that in the night following 25th May, 1984 corresponding to 11th Jaistha 1391 BS his younger brother victim Younus Ali alias Ennas along with his son Md. Aktar Hossain, P.W.2 aged about 11 years and nephew Malek aged about 10 years went to catch ......the impugned judgment and order under appeal and thereafter canvassed the following points for our consideration: i) That the conviction of the accused appellants has been mainly based on the so‑called dying declaration of the victim Younus Ali and the evidence of the alleged eye‑witness P.W.......eport and examining witnesses under section 161 CrPC found prima facie case and accordingly submitted charge‑sheet against the 4 accused‑appellants under sections 302/34 of the Penal Code. At the trial charge was framed under sections 302/34 of the Penal Code against all the accused‑appellants......ferred to- Abbas Ali Shah Vs. Emperor, AIR 1933 Lah. 667; 24 DLR 18; 25 DLR 41; AIR 1952 (Sc) 54; AIR 1971 (SC) 1064 & 19 DLR 573; (9‑14) PLD 1970 (SC) 13 & PLD 1958 (SC)203; Tawaib Khan and another Vs. The State, PLD 1970 (SC); Khushal Rao Vs. State of Bombay; Bharvad Bhikha Valu and o..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....(Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … .......................Petitioner Vs. Dr. Md. Nurul Islam…….Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005) Dr. Md. Nurul Islam an...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ion Police submitted charge sheet against 22 accused persons including the appellants and ultimately charge was framed under section 302/149 of the Penal Code against 21 accused persons. 4. During trial before the learned Additional Sessions Judge the prosecution examined as many as 23 witnesses ......ent: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … .......................Petitioner Vs. Dr. Md. Nurul Islam…….Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005) Dr. Md. Nurul Islam and others....convict - appellants. Vs. ..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....al Hossain Ahmed J Md. Emdadul Haque Azad J The State … …………………………………………………Petitioner Vs. Md. Saiful Huq @ A. Saiful and 6 others …..Condemned prisoners (In Death Reference No. 134 of 2005) Enayet alias Ena and Kurban … …………………......ersons recorded under section 161 of the Code of Criminal Procedure with their forwardings which is not usually done whereby voluntariness of the accused in making such confessional statements may be called in question. More so, the P.W. 11 Mr. M.A. Kabir Ahmed, the learned Magistrate, during cross-......initial stage and to check up subsequent embellishment or departure therefrom as the case proceeds through different stages. If the names of the accused persons are omitted from the F.I.R. and during trial their names are introduced by the informant, as precisely has happened in the instant case, it......risdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … …………………………………………………Petitioner Vs. Md. Saiful Huq @ A. Saiful and 6 others …..Condemned prisoners (In Death Reference No. 134 of 2005) Enayet alias Ena and K..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... they were thus prevented by sufficient cause from taking necessary steps and, as such, the trial Court was perfectly justified in setting aside the ex parte dismissal of the suit assigning cogent reasons. The learned Advocate further submits that the learned trial Court by exercising his best discr...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......t was transferred to the Court of the Munsif Gournadi and re-numbered as Title Suit No.47 of 1985. It is gathered from the records that this suit was decreed on contest. On appeal the judgment of the trial Court was reversed and the case was sent back on remand to the trial Court for a fresh trial i......998) 403. ..Category: Procedural Law | Date: | Hits: 87
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....n Magistrate, in short CMM, Dhaka on 2-4-97 three petitions signed by Mr. MA Rashid Khan, Executive Director, of the Commission as the authorised officer against the respective First Party accused persons quoting extracts from the report dated 27-3-97 submitted by a Enquiry Committee constituted by ......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......violation of the provisions of sub-section (IA) of section 204 of the Code and so the same was illegal and such illegality having been detected the same should be corrected before the commencement of trial. 10. Mr. Rafiqul Huq submitted that as soon as cognizance of an offence for contravention o......Ltd., (1940) AC 1014 (at P 1022). Lawyers Involved: Serajul Huq, Rafiqul Huq, ABM Golam Majid, Anisul Huq with Taufika Karim, Advocates in support of the References. Dr. M Zahir, Dr. AKM Ali and Khaled H Chowdhury with Firoz Shah, Advocates, Opposing the References. KS Nabi, Attorney-Gen..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
..... Result: The appeal is dismissed. Cases Referred to- GE Shipping Vs. Co. P.S.M.S. Saheb, AIR 1959 Mad 367; E.I. Rly. Vs. Piyare Lal, AIR 1928 Lah 774; Barbant Vs. King, 1895 AC 632; Ranson Vs. Platt, 1911 2 KB (CA) 291; Coldman Vs. Hill, 1919 1 KB (CA) 443. Lawyers Involved: Moz......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......e, that the suit is barred by limitation; that there had been gross negligence and inordinate delay on the part of the consignees, etc. and the defendant is not liable for loss were raised. 2. The trial Court noticed that the suit was filed on 20.7.65 that was beyond 6 months from the date of not...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Chittagong Port Authority…………………Appellant Vs. Md. Ishaque and others…………………Respondents Judgment February 13, 1983. Result: The appe..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....n passed in F.A. No. 431 of 1968 affirming the judgment of the Subordinate Judge, Dhaka with modification. 2. The plaintiff respondent instituted the suit for declaration that the order of compulsory retirement of the plaintiff vide Notification No.1417-PH dated 5.6.59 are illegal, ultra vire......ed Judges then came to the conclusion that under section 10 of the Public Conduct (Scrutiny) Ordinance, 1959, though the order of finding by an appointing authority or Screening Committee cannot be called in question but the ruling in Zafrul Ahmed's case, 12 DLR (SC) 9 will be attracted and such f......e truth or otherwise of the allegation against the plaintiff through any agency he might choose in the absence of a provision to the contrary" (Vide 25 DLR SC 94). That was the error committed by the trial Court and the High Court in 21 DLR (SC) 16. The Supreme Court observed: "We regret to say......ocate-on-Record - For the Appellant. Rafiqur Rahman, Senior Advocate instructed by Sirajur Rahman, Advocate-on-record - For the Respondent. Civil Appeal No.111 of 1982. (From the judgment and order dated 17.6.1980 passed by the High Court Division in F.A. No.431 of 1968.) Judgment ..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....ch he brought the suit. The suit was decreed by trial Court for a sum of Tk. 99,400/- but it was dismissed as against defendants 1 to 3, namely, Pourashava, its Administrator and the Magistrate and also defendants 8 and 9, namely, Officer of the District Council and the District Council. 4. Defe......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......leged that the Pourashava sent Police force on 6.5.73 and he was evicted forcibly. He suffered a loss of Tk. 49,000/- and loss of his reputation for which he brought the suit. The suit was decreed by trial Court for a sum of Tk. 99,400/- but it was dismissed as against defendants 1 to 3, namely, Pou......vocate with him) instructed by B. Hossain, Advocate-on-Record - For the appellant. Miah A. Gafur, Advocate-on-record - For the respondent No.1. Civil Appeal No.57 of 1982. (From the judgment and decree dated 11.12.81 passed by the High Court Division in F.A. No. 64 of 1979.) Judgment ..Category: Property Law | Date: | Hits: 99
....him Bazar, P.S. Kotwali Chittagong. Their further case is that in the Certificate Sale it was wrongly shown that P.S. Plot No.108 appertained to P.S. Khatian No.18 created after amalgamation and consolidation of the holdings held by H.E. Percival, because, such amalgamation was done without giving...... of notice on all the parties concerned as per provisions of the State Acquisition and Tenancy Act.
7. At the hearing of the appeal we had the advantage of going through the entire original record called for by the Court. The papers in the record substantially support the contention of Mr. Hamidu......ebtor.
2. The pre-emption case was dismissed by the learned Subordinate Judge and on appeal the learned District Judge, Chittagong allowed the pre-emption case in part and remanded the case to the trial Court for assessment of the cost of improvement in the case land. The appellant unsuccessful......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Md. Khairullah Bhuiyan………………Appellant
Vs.
Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others………………Respondents
Judgment
May 5, 1982.
Result:
The appeal is all..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....19 dated 26-3-2007 under section 409/406/420/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, pending in the 1st Court of Special Judge at Sher-e-Bangla Nagar, Dhaka, so far as it relates to the accused-petitioner, should not be quashed. 2. The facts relevant for ......lt, the Rule is discharged. The order dated 28-7-2008 passed in this case staying further proceeding of Special Case No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR......nces against those three accused persons. The case was registered as Metropolitan Special Case No.134 of 2007 and was transferred to the Special Judge of Court No.1, at Sher-e-Bangla Nagar Dhaka, for trial. In that Court the case was renumbered as Special Case No.15 of 2007. 5. The petitioner, wh......te party-State to show cause as to why the proceedings of Special Case No.15 of 2007 arising out of Hazaribag Police Station Case No.19 dated 26-3-2007 under section 409/406/420/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, pending in the 1st Court of Special Judg..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....ahidul Islam (Zahid) & another……………………….Opposite Parties Judgment February 15, 2011. Result: The rule is made absolute. If anybody fails to comply any order passed under the Labour Court then he can on......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......quirements first is that, there must be an order of the Labour Court and a person is found to be disobliged or did not comply the order passed by the Labour Court, and then can only be brought to the trial before the Labour Court which actually is like a contempt of Court proceeding and can pun......DLR (HCD) (2011) 212. ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....Siddiquee J Dr. Kamal Hossain and others.......................Accused Petitioners Vs. State......................Opposite Party Judgment May 25, 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State......e lodged. But in the present case from the face of the record it appears that police wilfully disobeyed the order of the learned Chief Metropolitan Magistrate with an oblique motive and lodged the so-called first information report without holding preliminary enquiry. Further it may be noted here th......e offence: (1) When in a case instituted otherwise than on a police-report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence whi......) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
70947093709270857084708370827081707970787077707670727071707070697068706770667065