Judgment search - Chancery Law Chronicles

Displaying 261-280 of 4866 results.

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......sult: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends...... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......Shafiqul Islam, the learned Advocate appearing on behalf of the opposite party No.2 on the other hand, submits that the ingredients of a criminal offence is required to be proved by evidence at the trial and this matter cannot be consideration for quashing the proceeding at such early stage. ..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before coming to the Court When the law provides for appeal as such, before come to the Court, li...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......e, Second Court, Gazipur, dismissing Title Suit No.4 of 2002. 2. Plaintiff's case, is that, plaintiff was allotted plot No.151 of Tongi Bangladesh Small and Cottage Industry (BSIC) Industrial Area and he installed a company under name and style, TS Enterprise and for developing the plo..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....dayan Base but failed at the resistance of local people and police force. A Police Case being Savar P.S. Case No.21 dated 25.06.1991 has been started over that incident. That the plaintiff has got no right, title and possession in the suit land, rather the defendants have been possessing the this ......instructed by B, Hossain, Advocate-on-Record—For the Petitioners. Mahmudul Islam, Senior Advocate instructed by Mrs, Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.46 of 2010. (From the judgment and order elated 08.10.2009 passed by the......d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......n started over that incident. That the plaintiff has got no right, title and possession in the suit land, rather the defendants have been possessing the this land for the last 18 years. 5. The trial court, on consideration of evidence adduced by both the parties and other facts and circumst..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......Record-For the Respondent No.1. (In all the cases) Rafique-ul-Huq, Senior, instructed by Md. Shamsul Alam, Advocate-on-Record—For Respondent No.2. (In all the cases) Criminal Petition for Leave to Appeal Nos. 266-69 of 2011. (Form the judgment and order dated 28-9-2010 passed by......e of admission of the revision petition that the sentence awarded by the appellate Court was inadequate and in that case only the High Court 'Division by giving notice and providing all fair opportunity of hearing the accused enhance the sentence under sub-section (6) of section 439. T......e in the absence of challenging the judgments by the complainant on the point of reduction of fines. 5. The High Court Division enhanced the sentences of fine and restored those of the trial Court on the reasoning that admittedly the petitioner received money from the complainant in a..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......resent: Sharif Uddin Chaklader J Krishna Debnath J Jamuna Builders Ltd....................Plaintiff-Opposite Party-Petitioner Vs. Bangladesh and others…...........Proforma-Defendant-Petitioner Opposite-Parties Judgment March 5, 2012. Result: The......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ......dant but after amendment, government became necessary party, as such, we find that learned Judge committed no illegality in allowing the Miscellaneous Case and set-aside the ex-parte decree for fresh trial of Title Suit No. 11 of 2005. We find no substance in the rule. 8. In the result, the ru..

Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18

Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)

....ry arid not directory and, as such, the application filed by the defendant-petitioner before the trial Court is non-existent in the eye of law and, as such, we find that the learned subordinate Judge rightly rejected the written objection. In the instant case the defendant-petitioner at the time of ......ctory. Any appeal or objection challenging the award if filed after the period of 30 days shall not be entertained…………………………………(6) Deposit of security is pre-condition for challenging the award in form and 'shall' has been used, law makers make it clear that it is man......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......pecial law, it cannot condone even one day if written objection/statement filed out of time, written statement having filed beyond time, as such, as per provision of article 158 of the Limitation Act trial Court ought to reject the objection in limine. 6. Section 30 of the Arbitration Act speaks,..

Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....g the ends of justice. 11. Mr. KM Zahid Sarwar, the learned Deputy Attorney-General for the State submits that the learned Additional District Magistrate after assessing the evidence on record rightly came to the conclusion that the prosecution has totally failed to prove case and thus he a......1898 (Act No. V of 1898); section 561A Inherent power of the High Court Division The inherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......st Ansar Sarder in this case. 5. The Rajbari PS Case No.08 dated 26-03-1993 being registered as GR Case No.54 of 1993 under sections 323/326/34 of the Penal Code was started and which was sent for trial before the learned Additional District Magistrate, Rajbari and after appearance of the accused..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......e Petitioner. Abdur Razzaque Khan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.1. Not represented-For Respondent No.2. Criminal Petition for Leave to Appeal No.113 of 2010. (From the judgment and order dated 18.02.2010 passed by the...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ......minal Revision No.811 of 1995 discharging the Rule and directing the Second Labour Court, Dhaka, respondent No.2, for proceeding with Criminal Case No.1 of 1994 under sections 54 and 55 of the Industrial Relations Ordinance, 1969 (in short, the Ordinance) now pending in the said Court. 2. The..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)

....ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ...... Lawyers Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.32 of 2010. (From the judgment and order dated 22nd October, 2008 passed......ppreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 627. ......ence shaky. He submits that the prosecution was not able to prove the place of occurrence beyond reasonable doubt. He also points out that the tribunal did not examine the accused properly during the trial drawing his attention to/pointing out the main incriminating evidence against the accused wh..

Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....ysical torture on an innocent housewife. The prosecution witnesses including two eyewitnesses, informant, victim and the doctor clearly proved the case by their respective evidence. The learned Judge rightly passed the judgment and order of conviction and sentence. There is nothing to interfere with......l Miscellaneous Case No.10245 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a convict was issued on an application under section 561A of the Code of Criminal Procedure for quashment of judgment and order dated 26.5.2003 passed by the Nari-o-Shishu Nirjatan Damon Tribu......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......et on 8.12.1998 against all the accused under sections 10(2) and 14 of the Nari-o-Shishu Nirjatan Damon (Bisheh Bidhan) Ain, 1995 (hereinafter called the Ain). 4. The case, after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar and was registered as Nari..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

.... condition of the machineries of the insured factory the insurer company renewed the insurance policies. Mr. Islam has submitted that both the courts below, considering these facts and circumstances, rightly found the claim of the plaintiff justified and acceptable. 14. We have considered the s......rd—For the Petitioner (In both the cases). Mahmudul Islam, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record —For Respondent No.1 (In both the cases). Civil Petition for Leave to Appeal Nos.1588 and 1589 of 2009. (From the judgment and order dated 18.03.2009 pa......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......terest @ 5% above the bank rate for the period from the date of accident to the date of realization. The defendant Sadharan Bima Corporation contested that suit by filing written statement. The trial court, on consideration of the evidence adduced by both the contesting parties, and other fact..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)

....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......on and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opinion. If it requires an expert's opinion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually ......the responsibility of comparing the disputed signatures with his naked eyes and decided the suit land; that where there is specific denial about the execution of the deed by the defendant, in all fairness it is desirable that the learned Judge instead of comparing the disputed signature ought ......is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 107 Section 107 of the Code of Civil Procedure enjoins the appellate Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under section 107 are the same ..

Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......also Reported in: 68 DLR (HCD) (2016) 73 ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ...... 4 of 1990 the same was renumbered as Artha Rin Suit and tried and disposed of as per the provision of Act 4 of 1990. It appears that though the respondent did not appear before this Court but during trial the defendant contested the suit and raised specific objection against the Bank regarding the ..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....compromise placed before this Court was obtained by duress upon exerting undue influence upon the respondents but having left with no power of resistance to such aggression upon their legitimate right of inheritance over the property left behind by their admitted father, according to Muslim Fam......ssed by the learned Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......ring the learned Joint District Judge framed 6 (six) issues including one as to whether the decree in Title Suit No. 168 of 1991 is/was illegal, void and not binding upon the plaintiffs. In course of trial of the suit the plaintiff Nos. 1 and 2 examined themselves as witness Nos.1 and 2 for the..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......ng order should be very speaking with regard to involvement of the accused-petitioner in the alleged offence. The trial Court generally observed that "it is found that there is reasonable ground for believing that accused committed offence punishable under section 409/109 Penal Code read with s......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......nal Procedure, 1898 (Act No. V of 1898); sections 242, 265 D (1) The charge framing order should be very speaking with regard to involvement of the accused-petitioner in the alleged offence. The trial Court generally observed that "it is found that there is reasonable ground for believing ..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....hat the skull bone was fractured and on dissection, clotted blood under the scalp was found with sub-dural haemorrhage. Skull bone on upper frontal was fractured with liniar fracture of left temporal right parietal bone. He opined the cause of death was due to shock and haemorrhage as a 'result ......lip;…............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Div......e interest of the party seeking relief is invoking this power but also that of the other party who may be affected by the order sought to be made. To say, otherwise, ends of justice cannot defeat the fair justice in a given case. Here in this case,' the victim was brutally killed and the trial C......y who may be affected by the order sought to be made. To say, otherwise, ends of justice cannot defeat the fair justice in a given case. Here in this case,' the victim was brutally killed and the trial Court as well as the High Court Division concurrently found that the appellant Mujibur Ra..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....walli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceeding 5 years with prior approval of the Administ......rt of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceeding 5 years with prior approval of the Administrator. The words and figure &......t as to the necessity for transferring any immovable property of the waqf and the notice must be given to all concerned persons of the waqf particularly, the beneficiaries of the waqf and giving fair chance of hearing to the parties involved in the matter. We do not also see any reason for not ......the 2n schedule of land taking advantage of his temporary absence from the suit land. Appellant's defence case in the latter suit is similar to that of his plaint case and vice versa. 4. The trial Court heard both the suits analogously and held that the plaintiff-appellant had no title..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)

....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......��…………Appellant Vs. Moulavi Aminul Hoque……………………Respondent Judgment January 29, 2012. Result: The appeal is dismissed. Lawyers Involved: No one appears for either of the parties. Criminal Appeal No.5362 of 1991. Judgment Md. Ruhul Quddus J.- T......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......d marriage without permission of existing first wife against the accused-respondent. It is mentioned that the complainant is the father of the respondent’s first wife. 4. On the above compliant, trial was commenced after framing of charge against the respondent under section 6(5)(B) of the Musl..

Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169

Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)

....re, not the stage to interfere with the proceedings pending before the subordinate court. 18. We are in full agreement with the submissions as made by the learned Deputy Attorney General who has rightly pointed out that when First Information Report discloses a prima-facie case against the peti......r…………………………Opposite parties Judgment January 26, 2012 Result: The Rule is discharged. When First Information Report discloses a prima-facie case against the petitioner, no application under section 5......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ...... facie case against the accused persons and accordingly filed on 27.02.08 Charge Sheet against them under sections 304-A/34 of the Penal Code. After charge-sheet was submitted the accused were put to trial before the court of the learned Additional Sessions Judge, Jhenidah upon charges framed under ..

Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11

MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)

....matter, the judgment and decree passed by the High Court Division cannot be sustained in law and the same is liable to be set aside. II. That the Trial Court having found that the award has been rightly made by the arbitrator and accordingly made the award a Rule of the Court but the High Court......posed of. The word judgment is not defined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitr...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......rator or umpire for reconsideration upon such terms as it thinks fit. Section 17 is the enabling section which empowers the appellant to prefer an appeal against the judgment and decree passed by the trial Court only on the ground that it is in excess of, or not otherwise in accordance with, th..

Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7

Search Options

Judgment Advanced Search