Search Options
Judgment Advanced Search
Displaying 2561-2580 of 4866 results.
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....ata Bank and others, unreported, CP No. 70 of 1988 decided on 21‑6Â-1988. 92. On the learned deliberations of senior members of the Bar, we shall have to first find the law to determine the rights and obligations of the parties involved in the transactions. 93. In all the cases, the......and Mastas, [1966) 2 Lloyd's Rep 495; Uttara Bank Vs. Macneil and Kilburn Ltd and others, 33 DLR (AD) 298; Bangladesh Vs. Israil Ali, 1981 BLD (AD) 371: Janata Bank Vs. Ahmedia Garments 40 DLR 72; Comforts Apparel Vs. Imperial Knitting Industries Ltd and others, 52 DLR 350; Chartkar Information Hold......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ...... of fraudulent representation by the sellers, the buyers obtained an interlocutory injunction restraining the sellers from giving notice to the guarantors who were not parties to the cause, until the trial of the action. The appeal therefrom was dismissed by the Court of appeal on the view, a..Category: Business or Commercial Law | Date: | Hits: 289
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....be dismissed because of insufficient court fees. The suit land of R.S. dag Nos.1980 and 1979 belonged to Khalilur Rahman, Abdul Hamid and Mosharaff Ali in their 1/3 shares of each and R.S. record was rightly recorded in their names. Khalilur Rahman and Abdul Hamid got the share of Mosharaff Ali and ......dvocate-on-Record- For the Petitioner. Mahbuhey Alam, Senior Advocate instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-24. Civil Petition for Leave to Appeal No. 53 of 2010. (From the judgment and order dated 26.08.2009 passed by the H......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......the petitioner preferred Civil Revision No. 189 of 2006 before the High Court Division and the High Court Division by the impugned judgment set aside both the judgments of the appellate court and the trial court. 11. As against the judgment and order of the High Court Division the petitioner has ..Category: Property Law | Date: | Hits: 65
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ance, 1983 and the crews of the said vessel were handed over to the Patenga Police Station. The vessel was taken over under the custody of Fishing Port with goods as per seizure list. The vessel was rightly forfeited to the government under sections 21 and 22 of the Marine Fisheries Ordinance, 1983......aval Contingent passed command from their ship on those vessels to halt but the vessels did not comply with the command and thereafter these three vessels were arrested by the Naval Contingent. The informant made a list of 42 crews of three vessels and then came to Patenga Police Station with the sa......ssel and the crews on 16th October, 2000. On the basis of the representation the Embassy of China issued a verbal note being No. BC 131/00 to the Government of Bangladesh in the Ministry of Foreign Affairs endorsing copy to the Ministry of Home Affairs stating, inter alia, that by an accident a fish...... order of conviction and forfeiture is appealable before the learned Sessions Judge. Even the petitioner could have filed an application under section 517 of the Code of Criminal Procedure before the trial Court claiming the ownership of the vessel but without doing so he filed the writ petition whi..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......2002 have been preferred by the convict-appellants namely, Abul Khair alias Md. Abul Khair, SM Rafique, Md. Sharifullah and Abdul Awal respectively. 2. All these four appeals are taken up together for hearing and disposed of by this common judgment as all of them have arisen out of the same judgm......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......case against the accused persons under sections 409/420/467/468/471/477(A)/201/109 of the Penal Code and also under section 5(2) of the Prevention of Corruption Act, 1947 and sent the case record for trial on 17-6-99. 6. Charge was framed under sections 409/420/467/468/471/477(A)/109 of the Penal..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....r was given sufficient opportunity to defend himself and the requirement of natural justice was followed by the respondents before issuance of the impugned order. The petitioner has neither any legal right nor any legitimate right nor any expectation to continue the business of sawmill. The Governme......Rules are heard together and are being disposed of by this single judgment. 3. In Writ Petition No. 1605 of 2000 the petitioner being a citizen of Bangladesh has been engaged in running a Saw Mill for about 11 years with due permission and licence from the concerned authority. He has been doing t......rdance with law and without violating the terms and conditions of the licence. The respondents, being public servants, are discharging various duties and performing functions in connection with the affairs of the Republic. In the year 1951 the then government framed Sylhet Forest Transit Rules, 1951...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
..... 17 of 1988 in the local Upazila Magistrate Court. During the prosecution of the case, defendant No. 1 declared that he had title and possession in the suit land, which was recorded in the record of rights in the name of his father Hashem Ali. The plaintiffs also came to know that Hashem Ali obtain......der and others…………………….Opposite Parties. Judgment June 28, 2006. Cases Referred to- 34 DLR (AD) 61; 49 DLR (AD) 73; 6 MLR 199. Lawyers Involved: Syed Mofizur Rahman for AH Md. Shahadat Ali Khan, Advocate—For the Petitioner. Sadananda Rana, Advocate—For Oppos...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ...... (3), B to B(1) and C. 14. Trial Court on the evidence on record decreed the suit as prayed for. On appeal there from at the instance of defendant No. 1, the appeal was dismissed and decree of the trial Court affirmed by the impugned judgment and decree. Hence, this Rule Mr. Syed Mofizur Rahman, ..Category: Property Law | Date: | Hits: 79
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....m, the appellant being recovered from the mental disease committed the murder of his brother on 11-5-1992. He added that the learned Judge of the trial Court after appreciating the evidence on record rightly held that such act of the appellant will not come within the mischief of section 84 of the P...... Judgment May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on......ard reliance can be placed in the case of Sodeman Vs. R (PC) (1936) 2 All ER 1138 wherein it is held: "It is certainly plain that the burden in cases in which an accused has to prove insanity may fairly be stated as not being higher than the burden which rests upon a plaintiff or defendant in ci......a lunatic The appellant was suffering from manic depressive psychosis (depressive phase) which is absolutely a mental disease and cause of unsoundness of mind. Therefore, the learned Judge of the trial Court should follow the procedure as laid down in section 465 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
....y at Rupsha Ferry Ghat he saw accused petitioner and another standing by facing on east which casts doubt. Consequently informant went there and on search recovered a country-made shuttergun from the right waist of the accused petitioner Solaman. The police arrested him and prepared seizure list in ......hy the impugned judgment and order dated 19-11 2000 passed by the learned Special Tribunal Judge Court No. 8 Khulna in Special Tribunal Case No. 236 of 1999 should not be quashed. 2. on a first information report lodged by Habildar Abu Musa of Rupsha Police Box. Khulna PS Case No. 21 dated 19-5-....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......ame to the police station. 4. The police investigated the case and submitted charge-sheet against the accused petitioner and another under section 19(a) of the Arms Act. 5. The case came up for trial before the Court of learned Sessions Judge and Special Tribunal, Khulna and on 15-3-2002 the S..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....the case and, as such, the impugned order is liable to be set aside. 13. Mrs. Shamim Ara Dora, the learned Assistant Attorney-General for the State, submits that the learned Sessions Judge, Sylhet rightly passed the judgment on the ground that there was no separate prayer for condonation of delay......, Druta Bicher Adalat, Sylhet convicting the petitioner under section 2(kha)(1) of Ain Sringkhola Bignakari Aparadh (Druta Bicher) Ain, 2002 sentencing him there under to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for 15(fi......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......petitioner the learned Sessions Judge summarily refused to admit the appeal which is quite illegal and beyond the principle of natural justice. 12. It is further stated that in case of in absentia trial the limitation shall run from the date of knowledge of the judgment and not from the date of j..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
....ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351......., Md. Soleman, Baharul Islam @ Bahar, Bashikka and Sunil Ghose were found guilty under sections 395/397 of the Penal Code and each of them were convicted and sentenced to suffer rigorous imprisonment for 10 years in Session Case No. 161 of 1994 arising out of Raujan Thana Case No. 8(3)/90 correspond......ord it is clearly found that the convict-appellant was very much involved in the commission of dacoity as alleged in the first information report and prays that this appeal should be dismissed in all fairness. 11. Let us now discuss the prosecution witnesses one after another. 12. PW 1 Milon K......rred to the Court of Session Judge, Chittagong and registered as Sessions Case No. 161 of 1994 which was subsequently transferred to the Court of Assistant Sessions Judge and 3rd Artha Rin Adalat for trial. 5. During the trial the charge was framed under sections 395/397 of the Penal Code against..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....ther submits that soon after the occurrence accused was found absconding which was one of the circumstances of guilt. So, the learned Judge of the trial Court after considering the evidence on record rightly found him guilty and accordingly, convicted him, which calls for no interference by this Cou......arned Additional Sessions Judge, 4th Court, Mymensingh in Session Case No. 66 of 2002 convicting the appellant under Part-II of section 314 of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case, in brief, is that deceased Sarifa Akter, wife of Md Rafiqul Is......h any other offence. 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: 58 DLR (2006) 410.......8 ASI Abdul Kasem as informant lodged the first information report on 6-5-2001. 3. Police after investigation submitted charge-sheet against the appellant. 4. Eventually appellant was placed on trial in the Court of Additional Sessions Judge, 4th Court, Mymensingh to answer the charge under Pa..Category: Criminal Law | Date: | Hits: 55
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....ve been regularly and honestly carried out unless it is otherwise proven by the party who attempts to establish facts to the contrary. This Court finds that the lower appellate Court proceeded on the right track in this regard and also notes that the fact that such a presumption may appropriately be......of 1996 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-petitioner instituted Other Class Suit No. 46 of 1996 for a declaration that the Hiba-bil-iwaz deed No. 3715 purported to be executed and registered by on......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......ct Judge pursuant to an appeal preferred by the defendant No. 1. 5. The plaintiff-respondent-petitioner now submits that the lower appellate Court erred in reversing the judgment and decree of the trial Court since there is no credible evidence to show that the disputed Hiba-bil-iwaz deed had at ..Category: Property Law | Date: | Hits: 82
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....plea of the appellant was not genuine and it was an admission that he has committed the act, which is alleged to be an offence. An accused person who pleads guilty and is convicted thereon, he has no right of appeal except as to the extent or legality of the sentence as provided in section 412 of th......nd order dated 26-8-2001 of the learned Sessions Judge, Hobigonj, in Sessions Case No. 190 of 2000 convicting him under section 304 (sic) of the Penal Code and sentencing him to rigorous imprisonment for ten years with a fine of Taka 5,000 in default, to suffer rigorous imprisonment for one year mor......y not amount to formal plea of guilty and such an admission has of course no binding effect as to a plea of guilty." observed by Cunliffe, J. in the case of Superintendent and Remembrancer of Legal Affairs. Bengal Vs. Jiban Kumar De and others AIR 1936 Cal 292. 9. Section 265E of the Code of Cri...... to a police report submitted under section 173, Cr.P.C. recommending for the prosecution of the appellant under section 304 of the Penal Code, the learned Sessions Judge received the case record for trial and thereafter he framed charge against the appellant on 5-2-2001 which reads as follows: â..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....Penal Code. (2) Explanation (d) of sections 300 of the Penal Code which gives an illustration fits in with the facts and circumstances of the case in hand. (3) All the convicts, therefore, were rightly convicted under section 302 of the Penal Code. (4) Though conviction was given under sect......ukbul Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prisoner. Md. Khalilur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Prisoners. AM Mahbub Uddin with Md. Yunus Ali Akond, Md. Kamruzzaman, Na...... Islam stated that he was a technician of refrigerator and airconditioner. On the 7th there was a conciliation meeting (salish) in Chankhar Pool School between Nurul Islam and Tuhin about monetary affairs. He further stated that accused Nurul Islam told him that he would give him work in the air co...... 114/34 of the Penal Code, since a prima facie case was made out against the convicts as well as others under the aforesaid sections. 9. The case record was sent to Druta Bichar Tribunal No. 1 for trial as absconding convicts Mokammel Hyeath Khan alias Moky and Nurul Islam Sagor alias Tapa Nurul ..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....itioner is the owner and possessor of the case land and he has constructed a tin-shed house where he is dealing grocery business in the name and style as "Ekata Trading". The opposite-parties have no right, title, interest and possession over the land and structure therein. The opposite-party intend......5-4-2003 passed by the learned Magistrate, 1st Class, Sadar Chittagong in Criminal Miscellaneous Case No. 206 of 2001 should not be quashed. 2. The petitioner filed an application on 31- 12-2001 before the Court of learned Magistrate, 1st Class, Sadar Chittagong under section 144 of the Code of C......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......ocedure and directed the opposite-parties to submit written statement and the learned Magistrate transferred the case to the Court of another Magistrate presided over by Mr. Md. Moniruzzaman Khan for trial and disposal. 4. The said Court received the case on 27-8- 2002. On the said date the first..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......e as to why the impugned judgment and order dated 28-8-2000 passed by the learned Metropolitan Sessions Judge, Dhaka in Metropolitan Sessions Criminal Appeal No. 171 of 2001 rejecting the application for condonation of delay in preferring appeal against the judgment and order dated 2-10- 1993 passed......ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......e theft, the accused petitioner and others attacked the informant's brother. Upon being apprehended the petitioner and the co-accused were handed over to the police. 3. After due investigation and trial the petitioner was convicted under sections 448/427 of the Penal Code, but since no charge had..Category: Criminal Law | Date: | Hits: 61
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355....... the learned Additional Sessions Judge, 2nd Court, Bogra, in Sessions Case No.92 of 2000 convicting the accused-appellant under section 304 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 5000, in default, to suffer rigorous imprisonment for one ye...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......uyan, charge-sheet was submitted against the first information report named accused and his wife Amili Begum under sections 302/201 of the Penal Code on 31-1-2000. 6. After the commencement of the trial, the learned Additional Sessions Judge also framed charges against the two accused-persons und..Category: Criminal Law | Date: | Hits: 93
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....with the then "child" accused Waliur. The reason is simple. Intention of section 6 of the Children Act requiring separate trial of a child is to ensure a special procedure and to secure certain legal rights for the accused child only. An adult is not entitled to those rights and the adult accused pe......sions Case No. 69 of 1993. By that judgment the six appellants were found guilty of the charge under section 302 read with section 34 of the Penal Code and each of them were sentenced to imprisonment for life and also to pay a fine of Taka 2000 in default, to suffer rigorous imprisonment for 1 (one)......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......tnesses, appears to be of innocence, false implication, and old age of the convict appellant Ismail and his wife Anowara, and also of convict appellant Waliur's minority at the time of occurrence and trial. 5. In the petition of appeal, the appellants have taken the grounds, inter alia, that the ..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....i respectively who were daughters of Shanka Singh and the said Shanka Singh died leaving only two daughters as his heirs and in this way two sisters namely, Malika Debi and Lolita Debi obtained equal right in the properties of Shanka Singh and that Nemai Singh resided as a domesticated husband. 2......hers, 27 DLR 413; Adusumilli Gopala Krishnayya Guru Vs. Province of Madras, PLD 1947 PC at page 180; A K Raha Ltd. Vs. State of Punjab, AIR 1961 (Calcutta) at page 166. Lawyers Involved: JN Deb for Mahbub Ali with Md. Ekranml Hoque. Foujia Afrin, Sharmin Jahan Zeba, Advocates—For the Petitio......tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ...... the land of Babu Ram Singh and they executed so many deeds and that the plaintiff is entitled to get a decree for separate saham in respect of 1/3 rd share out of 342 decimals of land. 10. At the trial, the plaintiff examined 4 witnesses, while the defendant examined 5 witnesses in support of th..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....iling written statement denying material allegation made in the plaint and asserted that the summons upon the defendants in Other Suit No. 105 of 1983 were duly served and that the plaintiffs have no right, title and interest in the suit land. The learned Subordinate Judge, after examining 4 PWs on ......ed by the Subordinate Judge, Dinajpur dismissing the suit. 2. The appellant No. 1 as plaintiff instituted other suit No. 130 of 1986 in the Court of Subordinate Judge, Dinajpur against the respondent for a decree that the ex parte Judgment and decree dated 27-11-1984 passed in Other Suit No. 105 of ......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326.......aint, written statement and deposition of the PWs and DWs and the impugned Judgment and decree and the memo of appeal, Mr. KZ Alam, the learned Advocate appearing for the appellants, submits that the trial Court ought to have considered from the records of Other Suit No. 105 of 1983 whether the summ..Category: Property Law | Date: | Hits: 83
48234819481648154814481248094807480548044803480147994798479647954793479047894788