Judgment search - Chancery Law Chronicles

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Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....��…………………………Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the innocence of the alleged accus......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......ence adduced by the accused in support of his defence to rest its case solely thereon………………(25) Burden of Proof in a Criminal Trial The party on whom the onus of proof lies must, in order to succeed, must have to prove the case beyond reasonable doubt. He cannot, on his failure to ......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..

Category: Criminal Law | Date: | Hits: 108

Jahangir Alam Vs. State, 2004, 33 CLC (HCD)

....2 of 2004. Judgment Abdus Salam Mamun J.- This Jail appeal has been directed against the impugned Judgment and order of conviction and sentence dated 30th September 2003, passed by the Acid Aparadh Daman Tribunal No.2, Gazipur, in Acid Aparadh Daman Case No.02 of 2002, arising out of Joydebpur......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......he Accused-Appellant. No one appeared - For the Respondent. Jail Appeal No.102 of 2004. Judgment Abdus Salam Mamun J.- This Jail appeal has been directed against the impugned Judgment and order of conviction and sentence dated 30th September 2003, passed by the Acid Aparadh Daman Tribuna......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..

Category: Criminal Law | Date: | Hits: 103

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....irected to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12‑85 passed by the Munsif, First Court, Tangail in Other Class Suit No.117 of 19......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....1‑80 passed by the learned Munsif, 3rd Court, Narail in Title Suit No.611 of 1978 and sending the suit back on remand to the trial Court for fresh hearing and disposal in the light of observations made in the body of the impugned Judgment. 2. The plaintiff Sree Sree Ram Krishna Dev Bigraha Asra......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......ka). First Miscellaneous Appeal No.4 of 1983 (Jessore). Judgment Md. Ansar Ali J.- This Miscellaneous Appeal at the instance of the defendant‑appellant is directed against the Judgment and order dated 23‑3‑83 passed by the learned Subordinate Judge, Narail in Title Appeal No.230 of 19......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..

Category: Property Law | Date: | Hits: 113

Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)

....r presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. .......3344 of 1996. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Eastern Bank Limited calling upon the respondents to show cause as to why the proceeding and order dated 18‑7‑96 passed in Money Suit No.6 of 1994 in the Court of Subordinate Judge and Arth......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ..

Category: Civil Law | Date: | Hits: 119

Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)

....ay a fine of Taka 1000.00. 2. The prosecution case is that, while a Sub‑Inspector of Police along with some constables of police of Nalitabari P.S. was on patrol duty of Haluaghat‑Nalitabari Road, they found two persons coming with bi‑cycles with load in a carrier of one of the bi‑cycles.......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......e Appellants. No one - For the Respondents. Criminal Appeal No.2170 of 1992. Judgment Md. Hamidul Haque J.- In this appeal the convict appellant challengedthe validity of the Judgment and order passed by the learned Assistant Sessions Judge and Special Tribunal Judge, Sherpur in Special ......t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ..

Category: Criminal Law | Date: | Hits: 79

Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)

.... Vs. Royal Boskalis Westminster NV and others………………………Respondents Judgment August 17, 2009. Result: The application is rejected. Cases Referred to- Unicol Bangladesh Vs. Maxwell Engineering Works Limited, 56 DLR (AD) 166; Canada Shipping Trading Vs. TT Katikaa......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......l Hoque and Kazi Akhtar Hossain, Advocates - For the Respondents-Applicant. Arbitration Case No.3 of 2009. Judgment Zubayer Rahman Chowdhury J.- This is an application for vacating the order passed by this Court on 28-10-2009 directing respondent Nos.1 and 2 not to dispose of or sell ......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ..

Category: Alternative Dispute Resolution | Date: | Hits: 632

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

....ndents Judgment June 8, 2010. Result: The suit is dismissed. Lawyers Involved: Rafiqul Islam Mehedi, Advocate - For the Plaintiff. M Hafizullah, Senior Advocate with Muhammad Ohiullah, Advocate - For the Defendant Nos. 3 & 3A. BM Elias, Advocate - For the Def...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ......plaintiff is a Bangladesh national residing permanently at House 11, Road 14, Dhanmondi Residential Area, Dhaka. While staying for 12 years in USA he came back to Bangladesh at the end of 1997 and in order to bring all his house hold articles worth US$ 34,500 to Bangladesh, he contacted the shipping...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Dr. Md. Abul Kalam and another Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....iginal Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Dr. Md. Abul Kalam and another…………………………Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary, Bangladesh Secretariat, Ramna, Dhaka and others……......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once. Zinat Ara J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ......espondents Judgment May 18, 2010. Result: The Rule is made absolute in part. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 34 (9) The Adalat is empowered to pass an order of civil imprisonment against the judgment-debtor/s only after taking steps to sell the mortga......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once. Zinat Ara J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185. ..

Category: Civil Law | Date: | Hits: 127

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

.... Md. Amanullah and others........................Petitioners Vs. Md. Sirajul Islam.....................................Opposite Party Judgment January 18, 2009. Result: The Rule is made absolute. Cases Referred to- Noor Mohammad Khan and others Vs. Government of the People's ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......On 01.03.1995 the defendants purchased 374 decimals of land from the suit land and have been possessing the same by constructing homestead thereon and they did not erect house by violation of the order of status quo. The plaintiff has got no right, title and interest in the suit land and as such....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..

Category: Civil Law | Date: | Hits: 181

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....diction) Present: AKM Abdul Hakim J Md. Khasruzzaman J M.A Sobhan Bhuiyan, son of late Abdul Aziz Bhuiyan Managing Partner, Binimoy International RL-351, Holding No.40/3, Inner Circular Road (VIP Road), Police Station Naya Paltan, District-Dhaka.................Accused-Petitioner Vs. ......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......ion Case No.60 dated 28.01.2010 under Sections 420/406/506 of the Penal Code, now pending in the Metropolitan Magistrate, Court No.11, Dhaka, should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The relevant facts for the purpose o......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..

Category: Criminal Law | Date: | Hits: 104

Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)

.... Wazuddin and others.................................Petitioners Vs. Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff m......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......e is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of auction i.e. his possession in and dispossession from the suit land in order to prove that the suit is within time. Case Referred to- Fatema Khatoon others Vs. Naras......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..

Category: Property Law | Date: | Hits: 106

Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)

....or information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ......J. - On an application, under Article 102(2)(ii) of the Constitution of the People's Republic of Bangladesh this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Art......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..

Category: Civil Law | Date: | Hits: 186

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava represented by its Administrator and others, 2010, 39 CLC (HCD)

.... Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ...... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ...... District Judge and Artha Rin Adalat, narayanganj in Title Suit No.69 of 2006 and accordingly, the said suit (Title Suit No.69 of 2006) is decreed. In the result, the appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I ag...... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ..

Category: Property Law | Date: | Hits: 105

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

....peal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racecourse Co. Ltd., [1899] AC 143 at page 185; Jute Mills Vs. Bangladesh, 29 DLR (SC) 85; Jennings Vs. Kelly, 1940 A.C. 206; (1939) All. E.R. 464; M/S. Speed Bride Nav...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......property for the benefit of any other person or for the benefit of the person paying or providing the consideration shall be admissible in any proceeding before any Court or authority." 10. In order to construe the expression "immovable property" we are to construe it in its proper context to...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)

....lso Reported in:49 DLR (HCD) (1997) 560. ......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......� For Respondent Nos.2 & 3. Writ Petition No.868 of 1990. Judgment Md. Abdul Matin J.- This Rule was issued calling upon the respondents to show cause at to why the impugned Judgment and order dated 31‑12‑1988 (Annexure‑A) passed by the respondent No.1 in case No.750 of 1988 shall......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ..

Category: Property Law | Date: | Hits: 113

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......g the period of remand and there is also no confessions by her. On 9‑11‑1996 the petitioner prayed for bail in the Arms Act case which was refused by the learned Chief Metropolitan Magistrate who ordered for remanding her to custody. The petitioner was shown arrested in connection with this case......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..

Category: Criminal Law | Date: | Hits: 82

Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: Qazi Shafiuddin J Gour Gopal Saha J Subhra Nandi Majumder……………………………Petitioner Vs. Amar Prasad Bhattacharjee and others…………………………………Opposite Parties Judgment Ma......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......7 of 1991 (Dhaka). Civil Revision No.33 of 1988 (Ctg). Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the plaintiff‑opposite party No.1 to show cause as to why the impugned order being order No.67 dated 26‑11‑87 passed by the Subordinate Judge in‑Charge, 1st Court, C......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ..

Category: Civil Law | Date: | Hits: 117

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....) 78. ......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......ssity in respect of the transfer in question being based on evidence on material on record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..

Category: Procedural Law | Date: | Hits: 81

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

...............Petitioner Vs. Mukhlesur Rahman.......................................Respondent Judgment October 30, 1983. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bangladesh Biman......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......rvants (Efficiency and Discipline) Rules, 1968 and the office memo dated 26.10.1974 inflicting some punishment upon him are illegal, ultra vires, irregular and without jurisdiction and (3) that the order of dismissal from service by memo dated 04.08.1975 is illegal, unwarranted and void. 3. The......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ..

Category: Employment/Service Law | Date: | Hits: 120

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