Search Options
Judgment Advanced Search
Displaying 2581-2600 of 7133 results.
Abul Kashem & anothÂer Vs. State, 1990, 19 CLC (HCD)
.... therein. In our view this non-mentioning of section 34 has not in any manner prejudiced the accused in their deÂfence and it is a mere irregularity which is curable and there has been no failure of justice for not menÂtioning section 34, Penal Code in their examination recorded under section 342 ......986 corresponding to 3rd Baishakh and took him away with the van and he did not return home and his dead body was found by the informant at the place of ocÂcurrence at night; the other circumstance, according to the learned Advocate, is that the prosecution tried to establish against the appellants............................Condemned Prisoners Vs. The State............................Opposite Party Judgment April 16, 1990. Result: Both the appeals are dismissed. Cases Referred to- Hamida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka......r falsity of the said statement of the P.W.12. The learned Deputy Attorney-General further subÂmitted that P.W.14, father, P.W.15, sister, P.W.17, mother, P.W.18, younger brother, P.W.19, brother-in-law (sister's husband) respectively of the deceased corÂroborated the evidence of eye-witnesses P.W..Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....investigation shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reason and in the inÂterest of justice the continuation of the investiÂgation beyond the special period is necessary in which case......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......……………………………………………Opposite Party Judgment January 15, 1990. Result: The application for quashing the proceedings is summarily rejected. Cases Referred to- 27 DLR 55 (11); 29 DLR 122 (11); 30 DLR 124 (11); 31 DLR 241 (11); 32 DLR (AD) 35 (11). La......arned Advocate for the petitioners submits that the impugned proceedÂings is illegal and without jurisdiction and, therefore, is liable to be quashed on the ground that the MetroÂpolitan Magistrate lawfully stopped further investiÂgation under section 167(5) of the Code of Criminal Procedure, tha..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....its that in the instant case the DCT without affording ample opportunity to defend to the assessee has passed the impugned order in question and thus the same is violative of the principle of natural justice. Mr. Bhuiyan further contends that since six of the creditors appeared before the DCT and in......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......rul Islam J AKM Shafiuddin J Rahmatullah (Md.)... ......................................Applicant Vs. Commissioner of Taxes ...................................Respondent Judgment October 20, 2000. Result: The Application is not allowed. Cases Referred to- Dulichand Omp......2‑1993 and there is no adverse remark about the creditors in the order sheet itself of the assessment case but the DCT on various grounds disbelieved the story of loan which he is not authorised by law to do so. The learned Counsel further submits that the DCT in making the assessment order is obl..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ion have held- "'The power conferred by Order 18 rule 17 CPC is an enabling power and very wide power had been conferred for adjudication of the dispute and this power is only available for giving justice, inasmuch as the enabling power conferred upon the Court to put such question to him as he t......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......Registrar (Deputy Secretary).............Petitioner Vs. Sahrab Jan & others............Opposite Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Pro......t has been held as follows: "The trial Court allowed the plaintiff to introduce a new story (in his deposition and by production of documents) without amending the plaint itself not permissible in law". The learned counsel also cited another decision in the case of Brahman Dutta Vs. East Punja..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......e or hearing the other side with an observation that the plaintiff ‑respondent may however put up any objection against the condonation of delay at the time of hearing of the appeal. The appeal was accordingly registered and numbered as First Appeal No.73 of 1994 which is now pending in this Court...... Bangladesh.................Petitioner Vs. Waker Ahmed and others.................Opposite Party Judgment April 13, 1995. Result: The application is rejected. Case Referred to- Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another, AIR 1956 Andhra P......urther rule 5 does not in express terms say that the application for stay shall be filed only by the appellant. It is a power conferred upon a Court to make an order if it is moved in accordance with law. We think, that the power can be exercised‑in favour of respondent No.2, for, by reason of the..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....ppearing on behalf of the government, has submitted that the ground for limitation was not duly agitated before the trial Court or before the appellate Court, and also submits that in the interest of justice the case should be remanded to the trial Court for hearing on the point of limitation. 11...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......ioner, Mymensingh.............Opposite Party Judgment January 15, 1995. Result: The OC Appeal No.125 of 1986 are set aside. The OC Suit No.492 of 1981 is dismissed. Cases Referred to- Md. Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another, 39 DLR (AD) 237 and Bangladesh V......pon the plaintiff to show that the decree was obtained by practising fraud upon the Court. No evidence to that effect being adduced by the plaintiff, the learned Assistant Judge committed an error of law in decreeing the suit ex parte. He also submits that it is the plaintiff who has to prove his ca..Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ...... Charge has been framed against the petitioner under section 4 of the Anti‑Terrorism Act and section 365 of the Penal Code. The grievance of the petitioner is that since the ransom was not realised according to the FIR the framing of charge under section 4 of the Anti‑Terrorism Act against the p......sh Chandra Saha........................Petitioner Vs. State........................Opposite Party Judgment January 11, 1995. Result: The applications are rejected. Cases Referred to- Md. Akram and another Vs. The State, AIR 1951 (Assam) 17; Ram Charita Rambhakat Vs. Chairman ......s that since the ransom was not realised according to the FIR the framing of charge under section 4 of the Anti‑Terrorism Act against the petitioner is illegal as in the said Act which is a special law attempt has not been made an offence. The petitioner has no objection against the framing of cha..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ...... legal position is that the profounder of a Will should prove, to the satisfaction of the Court, beyond all possible doubt, that the Will was executed by the alleged testator and that it was executed according to law, and that the testator at the time of execution was in a fit state of mind and body......m J Moktar Hossain......................Appellant Vs. Budhi Bala Dashi....................Respondent Judgment August 28, 1994. Result: The appeal is dismissed. Cases Referred to- AIR 1925 Lahore 493; 14 CWN 463; BSCR Vol.7 at page 1; AIR 1987 P & H at page 122; AIR 19......ts and circumstances the suit is liable to be dismissed. 5. In the light of the conflicting versions of the parties the trial Court framed the following Issues: 1. Is the suit maintainable in law? 2. Is the alleged deed of Will genuine? 3. Is the plaintiff entitled to get the relief as..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......Hence 6m this point of view also the conviction of the appellants cannot be sustained. 32. The learned Advocate for the State submitted that the case should be sent back on remand for fresh trial according to law. But no useful purpose would be served by ordering fresh separate trial for accused......n Nessa and another…………………………Appellant Vs. State……………………Respondent Judgment November 16, 1994. Result: The appeal is allowed. Cases Referred to- Bharavad Bhikha Valu & others Vs. State of Gujrat, AIR 1971 Supreme Court 1064; State Vs.......of the learned Advocate we may refer to sub‑section (4) of section 6 of the Children Act, 1974 which reads as follows: "Notwithstanding anything contained in section 239 of the Code or any other law for the time being in force, no child shall be charged with, or tried for, any offence together ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....h is deninital the function of the trial Court. 9. In the facts and circumstances we hold that both the Magistrate and the learned Sessions Judge committed error of law resulting in miscarriage of justice by rejecting the Naraji petition and discharging the accused opposite parties on the basis o......t aside and we direct the Magistrate, Brahmanbaria to hold a judicial inquiry into the Naraji petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... Jalaluddin Bhuiyan………………..Petitioner Vs. Abdur Rouf and others……….......Respondents Judgment July 2, 1997. Result: The Rule is made absolute. Cases Referred to- Mazharul Haq Vs. Ishaque Sardar, 14 DLR (SC) 251; Nannu Gazi Vs. Awlad Hossain, 43 DLR (AD) 6......g the 4 opposite parties, namely, Abdur Rouf, Md. Zahurul Haque, Abdul Awal and Gholam Rabbani alleging that on 17-10-95 at 6-00 AM the First Information Report named accused persons formed into an unlawful assembly armed with various weapons trespassed into the construction site of the informant su..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......sent written complaints to the authorities including Election Commission and that the Election Commission after holding proper inquiry directed for holding repoll at the aforesaid disputed centre and accordingly, on 10-3-92 the repoll was held and that the petitioner Kabir Ahmed as well contested th......ry J Rezaul Karim……………...Petitioner Vs. Kabir Ahmed……………………Opposite Party Judgment December 2, 1997. Result: The Rule is discharged. Cases Referred to- Altaf Hossain Vs. Abul Kasem, 45 DLR (AD) 55; Abdur Rab Mia Vs. Fazlur Rahman, 43 DLR (AD) 23......repoll and on its basis declaration of the petitioner as Chairman being illegal and without jurisdiction the lower appellate Court set aside the judgment of Election Tribunal and there is no error of law. He added that after close of the polls in question, subsequent action of the Election Commissio..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....te-party is impermissible and the second application for amendment of the plaint was not tenable in law. No litigant got a right to get his affairs settled in the manner as he wishes. Every access to justice should not be misused as a licence to an untenable application. The arms of law cannot be st......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......a Court deal with a matter decided earlier by it rendering a decision giving finality is the question which requires an answer in this Rule. 2. Rule was issued calling upon the opposite party No.1 to show cause why order dated 29-6-1997 passed by the learned Additional District Judge, Second Cour......) For a decree of mandatory injunction directing the defendant Nos.1 to 18 to reinstate him to the Office of the Principal of the College with all the back salaries and allowances allowable under the law, (ii) For adding 7 persons and the Government of the People’s Republic of Bangladesh as defend..Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......(Md.) alias Jabed Ali and others……………………Appellant Vs. State……………………Respondent Judgment July 12, 1999. Result: The appeal is allowed. Case Referred to- Pakala Narayan Swami Vs. Emperor, AIR 1939 (PC) 47. Lawyers Involved: MA Wahab Miah wit......an Ali is no confessional statement at all, it is neither inculpatory nor has even implicated the other accused and it was not voluntary and not recorded by complying with the mandatory provisions of law. 9. Mr. Khandker Mahboob Alam, the learned Assistant Attorney-General appearing on behalf of ..Category: Criminal Law | Date: | Hits: 132
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
.... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ......ntation is illegal. This has been consistently held in the deciÂsions reported in 31 DLR (AD) 1979 at page 1, PLD 1959 (Dhaka) 774, AIR 1953(SC) 318, AIR 1970(SC) 852 and 28 DLR 1976 at page 259. We accordingly find that the grounds of detention that were served on the detenu having been vague and ......itioner Vs. The Government of the People’s Republic of Bangladesh and others.........Respondents Judgment January 29, 1990. Result: The rule is made absolute. Cases Referred to- 31 DLR (AD) 1979 at page 1, PLD 1959 (Dhaka) 774; AIR 1953(SC) 318; AIR 1970 (SC) 852; 28 DLR...... of terror the detenu, as Upazila Chairman, supported the said party. In this respect also Mr. Biswas pointed out that nothing was mentioned how the deÂtenu supported the Sharbahara party or their unlawful activities. 8. The third ground was that the Muladi people were fed up by his oppression a..Category: Criminal Law | Date: | Hits: 117
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......eclusion, that is the zenaÂna, and having no communication with any male stranger except from behind the screen. She is a lady with a certain amount of worldly knowledge, she manages her own affairs according to her own underÂstanding and even appears in Court. She is not a parÂdanashin lady acco.................Petitioner Vs. Khodeza Bibi and others……………..........Opposite parties Judgment November 6, 1989. Result: The result the Rule is made absolute. Cases Referred to- Dabindar Singh Vs. Mst. Lachmindar AIR 1930 Lah 985. Lawyers Involved: Gour Gopal Saha,......ged bainapatra in the plaintiffs suit is a surveyor by profession and an uncle of the plainÂtiff. The attesting witness Shahadat is the plaintiff’s cousin and another witness Akabbar is brother-in-law of the plaintiff. The plaintiff-petitioner Md. Chand Mia by using the name of the plaintiffs fat..Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of BanglaÂdesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......il J Mahmudul Amin Chaudhury J Fatima Begum (Mst.)....…........................Petitioner Vs. Government of BanglaÂdesh and others.....................opposite parties Judgment October 25, 1989. Result: The Rule is made absolute. Lawyers Involved: M.M. Haider Ali, Ad......y the Chairman and one Member of the Court of Settlement under Abandoned Building (Supplementary Provisions) Ordinance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed the..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.....................Petitioner Vs. Chairman, Labour Court, Chittagong and ors....................Respondents Judgment April 25, 1989. Result: The Rule is made absolute. Cases Referred to- Zamiruddin Vs. Havas Khan, 21 DLR (SC) 39; Mundra Vs. National and Grindlays Bank , A.I.R. (1......rticle 102 of the Constitution and obtained the present Rule. 6. Mr. Md. Khalilur Rahman, the learned AdÂvocate appearing for the petitioner, submitted that the learned Labour Court acted without lawful auÂthority in allowing the application and failed to noÂtice that the petitioner stopped th..Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335....... and plainÂtiff No.24, Litkoo and a widow plaintiff No.27 FaÂlani. Thereafter, late Anwara's another daughter Najimon died leaving her only son plaintiff No.30 Ful Chan as her only heir. 5. Thus according to the plaintiffs 1-30, they are joint owners of 1/3rd of the total share in the suit prop......€¦â€¦â€¦â€¦....................Appellants Vs. Md. Yasin Abdul Aziz and others..................Respondents Judgment June 28, 1989 Result: The appeal is dismissed. Cases Referred to- Maharaja Bhupendra Chandra Singha Sarma and other Vs. Sudhindra Ch. Singha and ors, 5 DLR 142......39 A.D. corresponding to 24th Jaistra 1346 B.S. of plot No.953 (having tin hut), plot No.545 and plot No.632 of Mouza Jatrabari (Khatian No.48) to her daughter defendant No.1 Lal Banoo and her son-in-law and Lal Banoo's husband, added defendant No.20, Amjad Ali by registered deed of gift. Defendant ..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....im order of injunction passed on 26.9.1988. 13. Nowhere the learned Judge has mentioned in his order that he passed the impugned order under section 151 of the Civil Procedure Code for the ends of justice and or that provision under Order 39, rule I being not applicable he exercised the inherent ......l Kalam Azad & another.....................Defendant-Petitioner Vs. Muslema Khatun (Mst.)..................Plaintiff-Opposite Party Judgment August 15, 1989. Result: The Rule is accordingly discharged. Case Referred to- Mst. Jit Kuar Vs. Kehar Singh AIR 1951 Pepsu 130. ............Defendant-Petitioner Vs. Muslema Khatun (Mst.)..................Plaintiff-Opposite Party Judgment August 15, 1989. Result: The Rule is accordingly discharged. Case Referred to- Mst. Jit Kuar Vs. Kehar Singh AIR 1951 Pepsu 130. Lawyers Involved: J. N. Deb with A.K.......rgues that the application under section 115 of the Code of Civil Procedure is not maintainable inasmuch as the order under Order 39, rule I, being an appealable order, no revision lies thereto under law. 4. Let us see what is meant by 'preliminary point'. The expression 'preliminary' in Order X..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned SuborÂdinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......Relations Ordinance, 1969 for direction to the Registrar to record the amendment of the constiÂtution and change of nomenclature of Karnafully PaÂper Mills Sramik Karmachari Union. The Labour Court accordingly gave the direction. The Registrar of Trade Union held election on 13.7.1988, although th....................Petitioner Vs. Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works CompaÂny ...... the dicta laid down in the Privy Council decision in the case of Secretary of State Vs. Mask and Co., 44 CWN, 709. The following paragraph of this decision is worthy of quotation:- "It is settled law that the exclusion of the jurisdiction of the Civil Courts is not to be readily inferred, but th..Category: Labour and Industrial Law | Date: | Hits: 179
74097408740774057404740374027401740073997398739773967395739473937392739173907389