Search Options
Judgment Advanced Search
Displaying 2361-2380 of 4866 results.
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....Code of Criminal Procedure and as such there is no illegality. It is further contended on behalf of the State that the learned Additional Sessions Judge on consideration of the evidence on record has rightly convicted and sentenced the appellants and passed the impugned judgment and order. He furthe......ions Case No. 93 of 1985 in the Court of the learned Additional Sessions Judge, Netrokona and at the conclusion of the trial they were convicted under the said charges and sentenced to transportation for life by the judgment and order dated 30.8.96 of the Additional Sessions Judge. 2. Being aggri......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......th Basharatul Moula, Advocate ‑ For the State. Criminal Appeal No. 415 of 1986. Judgment Muhammad Ansar Ali J. - Appellants Khelu Mia, Golap Mia, Taher, Hannan and Abdul Hye were placed on trial to answer the charges against them under sections 460/302/34 of the Penal Code in Sessions Cas..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....Block Plot No. 81/123. On consideration of this material evidence the learned District Judge held that the objection Case No. 472 of 1968 was allowed without any basis and it did not create any legal right in favour of ldris Miah. The learned District Judge further found that while on the basis of t......989. Judgment AM Mahmudur Rahman J. - This Rule arises out of the judgment and decree of reversal passed by the learned District Judge, Noakhali. 2. The opposite parties Nos. 1 to 11 hereinbefore me instituted Title Suit No. 564 of 1985 for declaration that order passed by the defendant No.......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......4. The learned Assistant Judge dismissed the suit holding that the Additional Deputy commissioner legally passed the order Dated 15.8.1985. 5. The plaintiffs against the judgment and decree of the trial Court preferred Tide Appeal No. 10 of 1989 in the Court of District Judge, Noakhali who allowe..Category: Property Law | Date: | Hits: 72
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....department recorded the entire suit land except 24 decimals (25 cents) in favour of defendant No. 1 and then in the name of defendant No. 2; that the plaintiff was absolutely unaware of the record of right prepared in the name of the defendants and this wrong record clouded the plaintiff's title to ...... Appeal No. 260 of 1967 reversing those dated 28.8.67 passed by the learned Munsif, Sunamgonj, Sylhet in Title Suit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Pl......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ...... parte against the rest without costs by his judgment and decree dated 20.8.67. Thereafter on appeal by the plaintiff, the learned Subordinate Judge, Sylhet reversed the judgment and decree of the trial Court and decreed the suit on contest with costs against the contesting defendant and ex parte..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....mily Court after hearing Family Court Suit No. 1 of 1988 filed by the petitioner analogously with Family Court suit No. 1 of 1989 filed by the husband opposite party No. 1 for restitution of conjugal rights decreed the suit filed by the wife petitioner in part allowing claim for prompt dower of Tk. ...... passed in Family Court Case No. 1 of 1988 filed by the wife petitioner and Family Court Case No. 1 of 1989 filed by the husband, opposite party No. 1 and remanding both the cases to the Family Court for trial. 2. The petitioner admittedly was married to the opposite party No. 1 on 10.4.82 on the......e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......sed in Family Court Case No. 1 of 1988 filed by the wife petitioner and Family Court Case No. 1 of 1989 filed by the husband, opposite party No. 1 and remanding both the cases to the Family Court for trial. 2. The petitioner admittedly was married to the opposite party No. 1 on 10.4.82 on the bas..Category: Family Law | Date: | Hits: 210
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529....... GR case 149 of 1988 should not be quashed. 2. Facts giving rise to this Rule may briefly be stated as follows: One Naik Subedar Md. Majibar Rahman, BDR 23 Rifle Battalion, Dinajpur lodged First Information Report with the Kotwali PS Dinajpur on 15.8.88 alleging, inter alia, that on receipt of a ......of any of the provisions of the Customs Act. Hence the said Authority recommended for release of the goods in favour of the opposite party which was also indirectly approved by the Ministry of Home Affairs in one of its letters but still the same has not been released on different pretexts and lastl......ything contained in the Code or in any other law for the time being in force, a Special Tribunal may take cognizance of an offence triable under this Act without the accused being committed to it for trial but shall not take cognizance of any such offence except on a report in writing made by a poli..Category: Criminal Law | Date: | Hits: 72
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....ed after the preliminary decree had been passed. In this connection the decision in AIR 1941 Cal, 401 (404) relied upon by Mr. MA Gafur is to the point, wherein it has been held that if a party has a right to get decree set aside on the ground of fraud section 11 of the Code of Civil Procedure does ......1975 in the 1st Court of Subordinate Judge, Dhaka against petitioner Md. Nannu Meah in respect of some landed properties claiming 8 annas share therein. The suit was decreed on contest in preliminary form on 24.3.78 and final decree was passed on 30.11.78 on receipt of the Advocate Commissioner’s ......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......icata. He has also submitted that the plaintiff cannot be allowed to blow hot and cold in the same breath as she defended the decree by opposing the defendant's prayer for its slight amendment in the trial Court. In support of his contention he has cited the decision reported in AIR 1936 (Sind) 99, ..Category: Procedural Law | Date: | Hits: 86
Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)
....ber of votes. 3. The petitioner contested the said election petition denying the allegations. He claimed that peaceful condition prevailed in both the centres and the voters freely exercised their right of franchise. 4. The Election Tribunal dismissed the case on a finding that opposite party ......tion Tribunal Case No. 5 of 1988. 2. The material fact giving rise to this rule are that at the last Union Parishad election held in 1988 the petitioner, opposite party No. 1 and another contested for the office of Chairman of No. 10 Daudkandi (North) Union Parishad. There were 4 (four) polling c......r giving the mark of ‘Hurricane‑Lantern' which was the symbol of the petitioner and in that process votes of many dead and absentee voters were also shown to have been cast and had there been any fair election opposite party No. 1 would have secured the maximum number of votes. 3. The petitio......he point. Admittedly, opposite party No. 1 in his election petition did not plead that petitioner was a defaulter in payment of loan and accordingly he did not lead any evidence to that effect at the trial. In the memorandum of appeal also no such ground was taken. It is only at the appellate stage ..Category: Election Law | Date: | Hits: 139
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....rney‑General further submits that the learned Magistrate having illegally discharged the accused petitioners, the learned Sessions Judge having exercised his power under section 436 of the Code has rightly passed the order for further investigation invoking the aid of sub‑section (313) of sectio......the Rule are as follows: One Abdur Rahman lodged an FIR at Raipura Police Station against the petitioners whereupon Raipura PS Case No. 10(3)/86 was started. It was alleged in the FIR that on an information, Shahabuddin, father of the informant, and the accused petitioner attended a Darbar for th......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......sheet, discharged the petitioners against whom no charge sheet was submitted and sent the record of the case together with charge‑sheeted accused Jharu Meah to the Court of Sessions, Narsingdi, for trial by his order dated 25.4.1984. The case having been received by the learned Sessions Judge was ..Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....ad body of Kaoser Ahmed. Victim Kaoser succumbed to the bullet injuries on the spot. Doctor Mojibur Rahman in his post mortem report has stated thus: "1. Entry with contusion collar just above the right lateral anble of right eye 1 1/3 diameter. Exit. 1. Diameter on the left posterolateral ...... of 1987. Jail Appeal No. 526 of 1986. Judgment Syed Fazle Ahmed J. - Condemned Prisoner Mohammad Ali Kibria alias Shahjahan along with Meherunnessa and Md. Yusuf Ali wore placed on trial before the Additional Sessions Judge, 3rd Court, Dhaka in Session case No. 9 of 1986 to answer a charg......tor who held post mortem examination on the dead body of the victim found only 4 bullets, so this aspect of the case stands contradicted. The story as appears from confessional statement relates to affairs of victim's sister's marriage with the appellant. But none of the prosecution witness uttered ......l No. 11 of 1987. Jail Appeal No. 526 of 1986. Judgment Syed Fazle Ahmed J. - Condemned Prisoner Mohammad Ali Kibria alias Shahjahan along with Meherunnessa and Md. Yusuf Ali wore placed on trial before the Additional Sessions Judge, 3rd Court, Dhaka in Session case No. 9 of 1986 to answer..Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....ecision in the case of Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR (SC) 81 wherein it has been held that according to section 103B of the Bengal Tenancy Act every entry in a record of right finally published shall be evidence of the matter referred to in such entry and shall be presu......oner against the judgment and order of reversal passed by the learned Subordinate Judge on appeal dismissing the pre‑emption case which was allowed by the learned Munsif. 2. The point that falls for determination by this Court in this case is whether the lower appellate Court committed an error......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......rty Nos. 1‑3 resisted the case on the ground that it was not maintainable under section 96 of the State Acquisition and Tenancy Act as the land was Bhiti as recorded in both CS and SA khatians. The trial Court allowed pre‑emption case. Against that judgment and order the opposite party Nos. 1‑..Category: Property Law | Date: | Hits: 95
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
....n filed by the defendant. 2. The facts necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court of Munsif, Cox's Bazar for declaration of their right, title and interest in the disputed land on the basis of purchase and also for confirmation of......n against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) of Court Fees Act upon an application filed by the defendant. 2. The facts necessary for disposal of this Rule are that the plaintiff instituted Title Suit No. 498 of 1981 in the Court ......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......important question of law is mooted. The question is whether the Court below committed an error of law in the decision resulting the failure of justice in disallowing revision against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) of Court Fees ..Category: Procedural Law | Date: | Hits: 83
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....ate of their attaining majority, whichever is later, to restore and protect their title, their claim is barred under section 28 of the Limitation Act" and upon such observation illegally declared the right, title, and interest of the plaintiff over 1.26 acres of land of defendant Nos 5 and 6 in the ......en fraught with inconvenience and as the share of the defendant Nos. 5 and 6 has been wrongly and collusively recorded in their names, the plaintiff has been constrained to institute the present suit for declaration of her title to 1.216 acres of land and for partition of her total of 2.48 acres of ......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......y upon her sale of 1.34 acres, vide Exts. 1(c) to 1(d) to defendant Nos. 12‑15 she was not supposed to get more than 0.90 acres of land. As regards possession of the plaintiff in the suit land, the trial Court found relying only on the deposition of DW 4 that the plaintiff was in possession of som..Category: Property Law | Date: | Hits: 71
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......Police Station under section 409 of the Penal Code by the Upazila Nirbahi Officer, GobindaÂganj Upazila through Deputy Commissioner, Gaibandha which was sent to the District Anti Corruption Bureau for investigation by the Gobindaganj police. The facts of the case as narrated in the FIR in short, ......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......ccused petitioner was the Accounts Officer at Gobindaganj Upazila at the relevant time. The case was started on 15.6.95 and the charge sheet was submitted on 20.11.98. There was much delay in holding trial for various reasons. The accused petitioner moved this application for quashment of the Crimin..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......in Special Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5000.00, in default, to suffer rigorous imprisonment for six month......and a piece board box material Ext. III as per seizure list Ext 16 and key register Ext. 17, voucher of 17th, 18th and 19th Ext. 18 ka; and Kha file Ext. 19, cash‑cum‑day book Ext. 20 and daily affairs book Ext. 21 as per seizure list Ext. 22. P.W.12, Zillur Rahman, brother of appellant's wife i......uiry. So those accused officers were reinstated in service. Thereafter Karamat Ali was promoted and Matlubul Alam and Mansuruddin were granted increments and house building loans. 16. In this case trial Court also relied on the confessional statement Ext. 23 made by the appellant to P.W.14 Mr. Md..Category: Criminal Law | Date: | Hits: 91
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....ing got dominion over it by withdrawing the same in various ways in the name of his accomplices and that the said offence is punishable with imprisonment for life. The learned Sessions Judge has thus rightly rejected the petition for bail of the petitioner and we find no reason to grant the prayer f...... on 26.4.83 as an Assistant Vice‑President. Subsequently he became its Vice‑President with effect from 1.1.86 and served till 8.1.87. It appears from the papers submitted by the Bangladesh Bank before this Court that accused petitioner Mustafizur Rahman although served in the National Bank Limit......y. The said writ petition was heard at length by a Division Bench of this Court for 5 days and was rejected on June 18 1992 after hearing both the parties with the direction that the inquiry in the affairs of the BCI Limited is to continue and the function of BCI Limited as a bank is to remain suspe...... be for the higher Courts to see whether the commitment order does disclose that satisfaction of mind on the part of the Committing Magistrate, which is necessary for committing an accused person for trial on the basis that a prima facie case for an offence punishable with death or transportation ha..Category: Criminal Law | Date: | Hits: 125
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....ned orders passed by the Respondent Nos. 1 and 2 have been passed without lawful authority. But Mr. Shafiullah appearing for the Respondent No.2 resists the contention saying that the Respondent No.1 rightly treated the mosque as "a waqf by user" as defined in section 2 (10) of the Waqfs Ordinance, ......le 102 of our Constitution the respondents have been called upon to show cause as to why the orders dated 14.8.85 passed by the respondent No.1 declaring the Baitul Aman Mosque “a waqf by user" and forming a Management Committee with eleven members for the management of the said Mosque and the ord......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......of Waqfs took an unsuccessful appeal, First Appeal No.151 of 1965, before the High Court of the then East Pakistan. The learned Judges of the High Court while affirming the judgment and decree of the trial Court held that the properties were not waqf properties. No appeal was preferred against that ..Category: Trust/Waqf Law | Date: | Hits: 183
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......rayanganj Police Station on 15.5.85 on accusations, inter alia, that he was an employee of one Belayet Hossain, Proprietor of Comilla Salt Industries. In the morning the said Belayet Hossain had left for his village home and in his absence the accused opposite‑party Abdul Gani Bhuiyan and his two ......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ...... property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before any criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pendin..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....fically prescribed and trial is held in absentia the pronouncements by the superior Courts, particularly by the Supreme Court, is laid down as a rule that nobody can be made to suffer any harm to his rights including those relating to property, person and reputation without giving him opportunity to......‑General with Shah Azizur Rahman Assistant-Attorney‑General ‑ For the State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by t......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......mitting le appeal asserting that the appeal is well within time and has been wrongly reported as time barred. 3. Mr. Marfat Ali, the learned Advocate appearing for the petitioner, submits that the trial was held in absentia without observing the formalities as provided under sub‑section (6) of ..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....and not specified and as such there cannot be any acquisition on the basis of such vague notice. He further submitted that objection to be filed under section 4 of the said Ordinance is a substantial right and the petitioners have been deprived of that right by not serving the notice under section 3......that land and the mosque and grave of their predecessor late Colonel MA Rashid to the southern side thereof. Respondent No.3, Chairman Rajdhani Unnayan Kartipakhya, in short, RAJUK required some land for construction of the link road connecting Green Road with Mirpur Road and the Planning Commission...... Annexure 2 to the Affidavit‑in‑opposition of the respondent Nos. 1 and 2 in Writ Petition No.554 of 1992 that petitioner No.1 filed an application to the respondent No.6 on 22.1.92 only claiming fair compensation for the acquired property. Similarly, it appears from Annexure 1 to the affidavitâ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
....re not available at their given addresses. But it came out from the evidence of P.Ws.10, 12-15 under what circumstances their (workers’) whereabouts were not traceable. Therefore, the learned Judge rightly acquitted the respondents and there is nothing to interfere with the impugned judgment and o......f the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.18 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspector of the ...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ted charge sheet on 22.2.2003 against the respondents under sections 409/467/468/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act. 4. The case after being ready for trial, was sent to the Senior Special Judge, Khulna wherefrom it was sent to the Divisional Special ..Category: Criminal Law | Date: | Hits: 97
52455244524152395235523452335232523052295225522352195218521252095208520752065205