Search Options
Judgment Advanced Search
Displaying 2281-2300 of 2687 results.
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....ullah causing several inÂjuries on his person who ultimately died in Shibganj Rural Health Centre on 7.10.86. The Upazila MagisÂtrate recorded his dying declaration on 9.9.86. 3. The appellants' prayer for bail having been refused by the Assistant Sessions Judge they moved the High Court Divisi......s Judgment July 21, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehensi......sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....rder of the Magistrate may be cited. The relevant part of the Magistrate’s Order may be set out: “Seen the order of the learned Sessions Judge vide Cr. Motion No. 53(3) of 1973. Also seen the prayer of the Court InspecÂtor for withdrawing the case against the accused Harun Sikder, Shah Alam......ukdar and others Vs. The State (Criminal Appeals No.4 and 5 of 1977) wherein this question has been dealt with, the present appeal stands in a narrow compass. 2. Facts in brief are that a First Information Report was lodged by the Appellant with the Bhandaria Police Station alleging that his son......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
.... the defendants raised some more structures and then the plaintiff on 19th February, 1974 filed an application under Order 6, rule 17 of the Code praying for amendÂment of the plaint by adding a new prayer for declaration of title and recovery of possession for 108’ x 5’ of land east to west co......principle underlying the Rule.
2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that of Respondent School Committee, instituted a suit sometime in 1965 praying for permanent injunction against the defendants from raising structures and disturbing or affecting ......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....nd the deposit made by the pre-emptor was accepted as correct. The learned Subordinate Judge also held that the necessary parties were impleaded in the application for pre-empÂtion. Accordingly, the prayer for pre-emption was allowed. On appeal by the transferee-pre-emptees a Division Bench of the ......ent Ruhul Islam J.- This appeal by special leave arise out of the Judgment dated 5th April, 1976 of the High Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application under section......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
....ed in the petition. It will be for the Court to decide to whom the notice will be served.
In this view the name of the Respondent No.1 is struck off. Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
T......
Kemaluddin Hossain CJ.- It appears that two respondents have been impleaded as parties in this matter. In cases where an Advocate feels aggrieved on certain remarks made in the judgment and prays for their expunction, the procedure ought to be that the Advocate against whom remarks have been mad...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 87.
..
Category: Others | Date: | Hits: 84
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....e and jute goods, in collation with others, the police took up investigation and after arresting A.T. Mridha and two of his employees produced them before the Sub-Divisional Magistrate of Khulna, and prayer for releasing A.T. Mridha on bail was rejected by the Sub-Divisional Magistrate and the accus......he learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competent to try this case under section 156(8) and 1......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......halÂlenged his detention by a writ petition under Article 102 of the Constitution. The Deputy Commissioner of Pabna by his order dated 22-4-74, under section 3 of the Special Powers Act detained him for a period of thirty days and thereafter the Government on 24-5-74, passed under clause (a) of sec...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......further discussions are called for on this question. 28. For the reasons, we allow the appeal, set aside the order of the High Court and declare the order of detention invalid and direct that the detenue be released forthwith. D.C. Bhattacharya J.- I have had the benefit of perusing the judg..Category: Constitutional Law | Date: | Hits: 408
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....hase and the pre-emptee is a stranger purchaser in the case holding but held that the deposit of consideration money along with compensation was not made within time and accordingly disallowed the prayer for pre-emption. Being aggrieved the pre-emptor preferred Misc. Appeal No. 37 of 1998 before...... Ali, Advocate-on-Record- For the petitioner Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... entered appearance in the said suit and that on the date when the suit was taken up for final hearing the defendant filed an application seeking adjournment for filing written statement but the said prayer was rejected and thereupon the suit was taken up for hearing and the defendant having not par......s taken over by the Government by the notification dated 25.3.1953 and 25.12.1953 and later on by notification dated 15.9.1957 made under the Forest Act, 1927 the land in suit was declared reserved forest. Further case of the appellant No.1 was that the land in suit is being possessed by the Gover...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
.... to Mr Kobad Ali submitted an application before the Hon'ble President for review of his order dated 15-1-1997 by which the appellant was reinstated but the President rejected the prayer for review for granting the appellant the service benefits on 13-8-1997. The appellant there......Respondent No.1. Not represented—Respondent Nos. 2-4 Civil Appeal No. 353 of 2002. (From the judgment and order dated 14-8-2002 passed by this Division in Civil Petition for leave to Appeal No. 1290 of 2000). Judgment: ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....trial Court for adjudication taking into consideration the said documents. 13. The moot question in the appeal is, how far the appellate Court was free from error in allowing the defendants' prayer for acceptance of the kabuliyat of 1927 and the Heba-bil-ewaz of 1975 or, in other words, in......pon setting aside the judgment and decree dated 29-8-1990 of the Court of District Judge, Gaibandha in Title Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to the trial Court for disposal of the same in the light of the discussion and direction made in the judgment. The rev...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....tigated properly and having so many lapses including those mentioned by the informant petitioner in his application dated 30-4-2003 that the learned Magistrate committed illegality in rejecting the prayer for further investigation. The learned Sessions Judge, in his turn, also committed illegali......vocate-on-Record— For Respondent No.1. Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respondent No. 2. Criminal Petition for Leave to Appeal No. 100 of 2006. (From the judgment and order dated 21-11-2005 passed by......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....inter alia, that the case was not maintainable and it was bad for defect of parties and also was barred by limitation. His further case was that he was co-sharer in the case land and, as such, the prayer for preemption is to be refused. 3.The moot point agitated in the trial Court by th......i, Advocate-on-Record—For the Petitioner. ASM Khalequzzaman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 52 of 2003. (From the judgment and order dated 27-8-2002 passed by ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....ribunal or Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence." 13. From the impugned judgment it appears that the prosecution opposed prayer for bail and, as such, we are of the view that the High Court Division ought to have exercise......March 28, 2006. Result: The appeal is allowed. The High Court Division should exercise its jurisdiction to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing that the accused respondent is not guilty of the offence…………………………......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....e, challenging the validity of the Amendment itself. 302. Similarly, the appellant in Civil Appeal No. 43 of 1988 challenged the Impugned AmendÂment in his Writ Petition No. 1176 of 1988 when his prayer for swearing an affidavit in connection with his earlier Writ Petition No. 495 of 1988 relatÂ......ned Amendment has resulted in unrecognizable repugnancies to all other exÂisting provisions of the Constitution related to it rendering the High Court Division virÂtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Artic......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
.... Kumar Sen and others................. Respondents Judgment November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the sche......Sen and others................. Respondents Judgment November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, a......he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
.... Moksudur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. ………….(6 & 8) Lawyers Involved: Mok......ur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consideration. ………….(6 & 8) Lawyers Involved: Moksudur R......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
....ars and to pay a fine of Taka 35, 0007-only. 4. The appellant preferred an appeal, Criminal Appeal No. 430 of 1987, before the High Court DiÂvision. He also filed an application for bail, but his prayer for bail was rejected on the ground that prima facie there was no illegality in the trial. ......where the order of sentence under the provision is under challenge on appeal the accused appellants may continue on ad-interim bail granted by this division till disposal of criminal appeal pending before the High Court Division. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....o. 2 deposited the entire amount in two instalments but further proÂceeding in the matter was stayed by the High Court Division. 7. As the leave petition was pending for hearÂing, we granted the prayer for extension of stay from time to time on the assurance given by the appellant that he would......yment being made with concurrence of this court, on the contrary the auction purchaser having deposited full amount of consideration relying on validity of such auction, has been an innocent sufferer for laches of the appellants. In such position respondent no. 2, the auction purchaser is entitled t......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....appears that the appellants' suit, that is, T.S. No. 237 of 1984 is pending for 4 years. On the pretext of a suit being pending the decree-holder cannot be left in the lurch indefinitely. Even if the prayer for stay was granted it ought to have been for a reasonable time for the suit to be disposed ......d his heirs Jairun Nessa & ors............Respondents Judgment November 8, 1988 The Code of Civil Procedure, 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
19571954195319451944194319401931191519131909190819041903189518931882187918771874