Search Options
Judgment Advanced Search
Displaying 2841-2860 of 8244 results.
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....litan Magistrate taking cognizance of the offence. Therefore, technically there was no legal proceeding when the applications were moved before the Court. These petitions being not in accordance with law, the Rules issued on those petitions are liable to be discharged on this point alone. When these..............Petitioner Vs. Golam Murtaza .................................................Opposite Party Judgment May 10, 2003. Result: The Rules in Criminal Miscellaneous Case Nos.6948 and 5341 of 1998 are discharged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is m......f Metropolitan Magistrate on examination of the complainant, it is said, issued summons against the petitioners. On perusal of the petitions, we have noticed that the petitioners have not annexed the order of the learned Chief Metropolitan Magistrate taking cognizance of the offence. Therefore, tech..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....on except P.W.9, the investigating officer and P.W.6 who was tendered, all were interested witnesses being related to the informant inasmuch as P.Ws.1, 2, 4, 5 and 7 were father, daughter, brother-in-law, uncle, nephew of victim, P.Ws.3 and 8 were neighbours of informant P.W.1. According to him, not......neral with Md. Iqbal Kabir, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2432 of 2000. Judgment Salma Masud Choudhury J.—This appeal is directed against the judgment and order of conviction and sentence dated 8‑8‑2000 by the Sessions Judge, Nilphamari in Session......l with Md. Iqbal Kabir, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2432 of 2000. Judgment Salma Masud Choudhury J.—This appeal is directed against the judgment and order of conviction and sentence dated 8‑8‑2000 by the Sessions Judge, Nilphamari in Sessions Ca..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....r falsity of the said statement of the P.W.12. The learned Deputy Attorney-General further submitted 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 corroborated the evidence of eye-witnesses P.W......ida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and another, 39 DLR (AD) 117=1987 BLD (AD) 212; Srikantia Vs. State of Mysore AIR 1958 (SC) 672; B......f the sentence of death passed upon the prisoners Abbasuddin Sheikh and Md. Abul Kashem Gazi who have been convicted and sentenced under sections 302/34 of the Penal Code to death by the Judgment and order dated 4.5.87 in Sessions Case No.24 of 1986. The condemned prisoners have preferred Criminal A..Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....arned Advocate for the petitioners submits that the impugned proceedings is illegal and without jurisdiction and, therefore, is liable to be quashed on the ground that the Metropolitan Magistrate lawfully stopped further investigation under section 167(5) of the Code of Criminal Procedure, tha......DLR (HCD) (1990) 375. ......ot legible, presuming that section 167(5) of the Code of Criminal Procedure is applicable even in the cases which are triable under the Special Powers Act by the Special Tribunal passed the following order on 9.5.88: “তদন্তকারী অফিসারের কোন প্রত..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....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........Applicant Vs. Commissioner of Taxes ...................................Respondent Judgment October 20, 2000. Result: The Application is not allowed. Cases Referred to- Dulichand Omprakash Textile Company Vs. The Commissioner of Taxes WB III; CIT Vs. Durgaprasad More (1971) ......e for purchase of a house at Gulshan in Dhaka and equivalent liability i.e. Taka 12,50,000 was shown as loan from his friends and relations numbering nine. At the time of making assessment the DCT in order to ascertain the genuineness of the alleged loan advanced to the assessee-applicant by his fri..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....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......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 Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Islam V......Syed Badrul Alam, Advocate ‑ For the opposite Party. Civil Revision No. 3312 of 1992. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the defendant against the orders dated 27.10.92 and 9.11.92 passed in Title Suit No.65 of 1991 by the Assistant Judge, First C..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....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......1996) 211. ......3 and declared title of the plaintiff‑respondent No.3 in the suit land and also granted relief for recovery of possession on the basis of the amendment of the plaint by the plaintiff vide Court’s order dated 29.4.92 during trail. Thereafter the decree holder plaintiff respondent No.3 put the imp..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....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......t 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 Vs. Israil Ali and others, 1981 BLD (AD) 371. Lawyer......entually dismissed for default on 28.2.72; that thereafter, the government filed misc. Case No.72 of 1972 and the same was dismissed on contest on 13.2.73; that on the basis of the aforesaid ex parte order the defendant (present petitioner) sought for the correction of the record of rights in her na..Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....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...... This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......the Petitioner. Md. Abdur Rouf, Assistant Attorney-General - For the State. Criminal Revision No.1406 of 1994. Judgment Abu Sayeed Ahammed J.- Rule in this revision was issued against the order dated 3.9.94 passed by the Anti‑Terrorism Tribunal, Narayangang in Anti‑Terrorism Tribunal..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....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......t Nos. 1(a)-1(c). Appeal From Original Decree No. 34 of 1991. Judgment Syed Amirul Islam J.- This is an appeal under section 299 of the Succession Act by the defendants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administr...... 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. ..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....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 ......ase is also Reported in: 48 DLR (HCD) (1996) 196. ......wdhury, Advocates - For the Appellants. Md. Latif, Advocate ‑ For the State. Criminal Appeal No. 339 of 1985. Judgment MM Ruhul Amin J.- This appeal is directed against the Judgment and order dated 13.8.1985 passed by the learned Sessions Judge, Narayanganj in Sessions case No.18 of 19..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....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......) (1999) 408. ......isul Huq, Advocates — For the Respondents. Criminal Revision No.512 of 1996. Judgment Badrul Islam Choudhury J.- Rule was issued calling upon the opposite party to show cause as to why the order dated 8-7-96 passed by the Sessions Judge, Brahmanbaria in Criminal Motion No.10 of 1996 shoul..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....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......e the Election Tribunal who filed the Election Petition stating, inter alia, that he contested the election of 8, Durgapur Union Parishad under PS Mirsarai, in the election that took place on 22-1-92 and that in the polling station of East Durgapur Primary School he secured 194 votes while the petit......tive cases of the parties they produced evidence, documentary and oral. The Election Tribunal and the learned Assistant Judge after hearing the parties dismissed the election petition by judgment and order dated 30-5-1995 against which an appeal was filed by the opposite party before the learned Dis..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....) 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......CD) (1999) 400.......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 Court, Bogra in Other ..Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....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 ......e is also Reported in: 51 DLR (HCD) (1999) 397........ Khandker Mahboob Alam, Assistant Attorney-General — For the State. Criminal Appeal No.2735 of 1998. Judgment Kazi ATM Manowaruddin J.- This appeal is directed against the judgment and order dated 8-11-98 passed by the learned Additional Sessions Judge, Dinajpur, in Session Case No.40..Category: Criminal Law | Date: | Hits: 132
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
.... 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 detenu supported the Sharbahara party or their unlawful activities. 8. The third ground was that the Muladi people were fed up by his oppression a...... Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... the detenu was arrested under section 54 of the Code of Criminal Procedure on 19.10.89 and on the following day that is on 20.10.89 the District Magistrate, Bakerganj, Barisal issued the detention order directing his detention for 30 days with effect from the date of order i.e. 20.10.89. Then on ..Category: Criminal Law | Date: | Hits: 117
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....ged bainapatra in the plaintiffs suit is a surveyor by profession and an uncle of the plaintiff. 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...... sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......y needing independent advice. 14. For all the above reasons the judgment and decree of the appellate Court below cannot be sustained. 15. In the result the Rule is made absolute but without any order as to costs. The trial Court at the time of decreeing the suit did not require the plaintiff..Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....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...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chaudhury J Fatima Begum (Mst.)....…........................Petitioner Vs. Government of Bangladesh and others.....................opposite parties Judgment October 25, 1989. Result: The R......- This Rule Nisi was issued on an application under Article 102 of the Constitution calling upon the respondents namely, Government of Bangladesh, Court of Settlement and others to show cause why the order dated 17.8.1987 passed by the Chairman and one Member of the Court of Settlement under Abandon..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....rticle 102 of the Constitution and obtained the present Rule. 6. Mr. Md. Khalilur Rahman, the learned Advocate appearing for the petitioner, submitted that the learned Labour Court acted without lawful authority in allowing the application and failed to notice that the petitioner stopped th......sion (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badruzzaman J Sultana Jute Mills Ltd......................Petitioner Vs. Chairman, Labour Court, Chittagong and ors....................Respondents Judgment April 25, 1989. Result: The Rule is made......Fazlul Karim, Advocate—For the Respondents. Writ Petition No. 390 of 1986 Judgment Md. Abdul Jalil J. - This Rule Nisi at the instance of the Employer was issued against a judgment and order dated 10.9.86 passed by the Chairman, Labour Court, Chittagong in I.R.O. Case No.41 of 1986 ..Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....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 ......ed in: 42 DLR (HCD) (1990) 335....... 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...Category: Property Law | Date: | Hits: 135
74127411740974087407740574047403740274017400739973987397739673957394739373927391