Search Options
Judgment Advanced Search
Displaying 2981-3000 of 4866 results.
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....findings of the Court of appeal below are findings of fact based on assessment of the evidence on record. On consideration of the above findings of the Court of appeal below, the learned Single Judge rightly observed that the plaintiffs failed to prove their title in the suit land and that the weakn......ers………………Respondents Judgment August 1, 2010. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 2530 of 2009. (From the judgment and order dated 27.10.2009 passed by th......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....d and became sure as to the transfer of 2.34 acres of land to defendant No.1 at a price of TK. 1,50,000.00 by executing a deed on 28.07.1992 which was registered on 01.08.1992. The defendant No.2 has right over her husband’s property as a widow for enjoyment during her life time, but he shall have......d by A. K. M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented- Respondent Nos. 3-4. Civil Petition for Leave to Appeal No.1749 of 2009. (From the judgment and order dated the 2nd day of June, 2009......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ...... 4. Mr. A. K. Badrul Huq, learned Counsel, appearing for the petitioner submitted that the High Court Division at the time of disposal of the appeal ought to have taken into consideration that the trial Court at time of disposal of the suit ought to have taken into consideration the oral and docu..Category: Property Law | Date: | Hits: 29
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123....... 115(1) of the Code of Civil Procedure against judgment and order dated 29-8-99 passed by Subordinate Judge and Artha Rin Adalat at Patuakhali in Miscellaneous Case No.13 of 1998 by which the prayer, for release of the attached property was rejected. 2. Short facts for disposal of the Rule are th...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......ble in law. The deeds were created. 5. The petitioners examined three witnesses and produced some documents including their purchase deeds while the decree holder examined one of its officers. The trial Court rejected the application by impugned order being of the view that the transfer in questi..Category: Property Law | Date: | Hits: 27
....Section 28 of the Bankruptcy Act runs as follows:
(1) The Court shall dismiss a plaint presented by a creditor if—
(a) the Court is not satisfied with the proof of—
(i) such creditor’s right to present the plaint,
(ii) the service on the debtor of a notice of the order fixing a dat......d Bankruptcy Court Chittagong and others…….Respondents
Judgment
October 25, 2001.
Lawyers Involved:
MR Hasan and Md Khasruzzaman, Advocates-For the Petitioners.
Masud Ahmed Sayeed for Rukenuddin Mahmud, Advocates—For the Respondents No. 2.
Writ Petition No. 1270 of 1999.
...... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 122.
......he Bankruptcy Act.
7. It appears that the petitioners did not move the Bankruptcy Court under section 28 as quoted above. A decision by this court will prejudice the suit and should be left to the trial Court to be decided in accordance with law.
8. Therefore this application is premature one ..
Category: Banking Law | Date: | Hits: 127
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......dgment Md. Hamidul Haque J .- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......ntion. In the case of Shariar Kabir which has been decided only few days back, we have elaborately discussed the question of treatment towards a detenu. A detenu, neither being a convict nor an under-trial prisoner, should get separate treatment and should be given more opportunity to meet members o..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
............. (c) .............................................. (d) .............................................. e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid: and any ......f GR Case No. 215 of 1995 originating from Alamdanga PS Case No. 9 dated 31‑5‑1995, convicting the appellant under section 387 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for a period of ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ...... The investigating officer submitted charge-sheet against the present appellant and 4 others under sections 365/387/380/342 of the Penal Code. The case was sent to the Special Tribunal, Chuadanga for trial. The Special Tribunal received the case record on 8-Â3‑1997 and registered the case as Spec..Category: Criminal Law | Date: | Hits: 38
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....essive devolution of title and interest by inheritance and on the strength of different kabalas they were in posÂsession of the land of Plot Nos.19 of 89 and the plaintiff and his co-sharers have no right, title and inter in the land of plot Nos.19 and 89. A large number of defendants claimed separ......in-part. 2. The fates involved in the case, in short, are that Idris Mia, predecessor of the appellants as plaintiff filed Title Suit No.15 of 1968 in the first Court of Subordinate Judge, Comilla for partition of ejmali land stating, inter-alia, that the properties described in schedule-1 to the......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......lam Khan and the plaintiff had share in it. The learned Advocate-on-Record further submitted that the transfer of Asma on 18-2-1918 to defenÂdant No.3 father of Alep Khan has been found valid by the trial Court but the appellate Court without any cogent ground overturned referred the same. 7. It..Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ...... Case No. 45/96 corresponding to GR No.275/96 convicting the petitioner under sections 8, 9(A)(B)(C) of Cruelty to Women & Children (Special) Act, 1995 and sentencing the petitioner (in absentia) for a period of 10(ten) years RI with a fine of Taka 2,000 in default to suffer RI for further perio......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......oner under sections 8, and 9 (Ka) (Kha) (Ga) of Nari-o-Shishu-Nirjatan Ain, 1995. Thereafter the case record was transmitted to the learned Nari-o-Shishu-Nirjatan 1st Court, Narayanganj, who held the trial in absentia and being satisfied with the relevant papers, documents and the evidence of PWs, c..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....intiffs instituted the Title Suit No. 40 of 1990 in the Court of Assistant Judge, Sadar, Noakhali, impleading the above petitioner as defendant No.1 and 19 others for the declaration of their raiyati right in the suit land because of the wrong recording of right in the name of the defendants. 3. ......shi and another vs Suprava Sundari Devi and others CWN-99-260; Zamir Uddin Ahmed vs Ziaul Haque and others 49 DLR 622. Lawyers Involved: Md. Ozair Farooq with Morshed and Md. Shakhawat Hossain for Nikhilesh Dutta, Advocates — For the Petitioners. Shihabuddin Mahmood for Md. Ismail, Advoc...... of it, the procedure adopted by the learned Subordinate Judge was irregular. There was an allegation before him that defendant 3 was of unsound mind or weak intellect and incapable of managing his affairs. That allegation, which by. Order XXXII rule 15 CPC, is placed on the same footing as an alleg......e the above petitioner preferred the Miscellaneous Appeal before the District Judge, Noakhali and on transfer the Subordinate Judge heard the appeal and disallowed the same affirming the order of the trial Court. 9. Being dissatisfied with the aforesaid Judgment and order of the appellate Court t..Category: Property Law | Date: | Hits: 44
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....for declaration that the judgment decree passed in Title Suit No. 51 of 1997 is fraudulent one and not binding upon the plaintiff. In the facts and circumstances of the case the court of appeal below rightly held that the suit as framed is not maintainable and the High Court Division acted illegally......ion in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was instituted by the plaintiffs for declaration that the judgment and decree passed by the learned additional Assistant Judge, 3rd C......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ......claimed that the petitioner and his brother never executed and registered the deed dated 14.05.1969. The deed was created by forgery. 6. On 30.09.1999 Title Suit No. 249 of 1998 was decreed by the trial court. On appeal by the defendant petitioner the court of appeal below allowed the appeal and ..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....on of the judgment held thus:- "As the serving peon had not been examÂined by the trial court under rule 19 the decree passed by the trial court against the defendant under such circumstances was rightly annulled by lower appellate Court." 12. In the case of Tahrul Karim vs. Abdul Hashem, rep......¦â€¦...Opposite Party Judgment August 18, 1987. Cases Referred to- Munshi Tamizuddin vs. Aftabuddin 20 DLR page 901; Tahrul Karim vs. Abdul Hashem, 30 DLR 8. Lawyers Involved: Lutfor Rahman Mondal, Advocate with Md Azizul Huq, Advocate. — For the Petitioner. Mahfuzur Rahman......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......the procedure that is to be followed before there can be any recordÂing by the Sheristadar to the effect that there is a valÂid service. 9. The process server may be examined in court during the trial to prove the service returns as is done in most cases but that will not cure the initial invaÂ..Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....d for hearing he did not sit in this Court to try this case, whereupon the witnesses went away. This clearly explains the whole matter and the period of 53 days as reÂferred to is found to have been rightly excluded from the working days so far as this case is conÂcerned." 8. From this decision......e stopped. 2. The facts leading to this Rule is that the opÂposite party No. 2 on 22.10.1984 lodged F.I.R. is Feni Police station alleging that at about 7.30 A.M. of that date the accused persons forming an unlawful assembly and being armed with Cheni, Knife, Kiriz etc. attacked the son of the i......hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ......arge sheet the Upazila Magistrate, transmitted G.R.Case No.84 to the Court of District Magistrate. The District Magistrate then transferred the case to the Court of Additional District Magistrate for trial and the record was reÂceived by the trial Court on 10.3.85 and the matter is still pending th..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139....... with the Kalia Police Station alÂleging inter alia that on 24.10.84 his father Golam Hossain and his maternal uncle Belayet Kha and othÂers went to the house of Gopal Sardar of village Dewa Bhanga for a salish. After holding salish they were returning home and at about evening time they reached i......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139.......Sessions Judge, Narail and it was received by him on 12.12.85 and he registered the case as Sessions Case No. 64 of 85. Since then the case is pending before the Sessions Judge, Narail and Magura for trial. 4. It appears that the trial could not be concludÂed by the Sessions Judge, Narail- Magur..Category: Criminal Law | Date: | Hits: 30
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....e still there. Naturally relationship between the two parties is not a happy one. The manageÂment side is not satisfied with the petr. As apÂpears they wanted to get him out on this or that ground, right or wrong, and on the other hand the petitioner also tries to vindicate his grieÂvances. As fo......on dated 7.1.86 of the Chairman of the Labour Court, Rajshahi in Complaint Case No. 58 of 1985 conÂverting an order of dismissal of the petitioner into an order of termination. 2. Facts necessary for disposal of the rule which lie within a narrow campus may be stated as follows:- 3. The petit......g inter alia, that the order of dismissal was an act of victimisation for trade union activities of the petitioner as the GenerÂal Secretary of the Trade Union of that Mill, that the enquiry was not fair and impartial inasmuch as Mr. Forhan Daud who was appointed the Chairman of the Enquiry Committ...... For all these reasons we do not find any subÂstance in this rule. The rule is, accordingly, disÂcharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....er injury 1/ 3rd" X 1/6th" free abdomen which injury the mesemtry and Vessel. 4. Three incised wounds 1/2" X skin, l/3rd" skin 1/2" X skin on the knee. 5. One incised wound on the middle of the right forearm 3/4" X 3/4" skin and muscle. 6. One incised would 3/4" X skin and muscle on the rig......udgment and order of the learned Sessions Judge, Bhola passed in Sessions Case No. 19 of 1984 conÂvicting the appellants under sections 302/34 of the Penal Code and sentencing them to transportation for life with a fine of Tk.5000/- each in default, to suffer rigorous imprisonment for 6 months each......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......00/- each in default, to suffer rigorous imprisonment for 6 months each. 2. The appellant Nos. 1-14 and 4 others viz. Farid Jamader, Abdul Hossain, Delwar Hossain and Khorshed Ahmed were placed on trial under sections 32/34 of the Penal Code before the learned Sessions Judge, Bhola in Sessions Ca..Category: Criminal Law | Date: | Hits: 27
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....notice for full payment of all the loans including the loans made under IDA credit, he had no option but to shut down the mill in September, 1986. The defendants further contend that, the bank has no right or legal authority to adjust the IDA arrear instalment from cash credit loan and that the defe...... against the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr. Abdur Razzak, Subordinate Judge, Artha Rin Adalat, Feni, in Artha Rin Money Suit No.1 of 1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery ......, in anticipation of the said loan @ 70% to cover the project cost as per circular, he had no option to back out but to sign and accept the sanction letter Exhibit 1 only 35% loan with other rigid, unfair and unequal terms, that the bank did not advance fresh loan of Taka 15 lac against mortgage and......n letter and the suit is liable to be dismissed with costs. 4. The parties have examined one witness each and produced some documents and marked exhibits admitting those into evidence. The learned trial Court on consideration of the facts, materials and evidence of the case, decreed the suit in p..Category: Civil Law | Date: | Hits: 85
.... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
......rks, Government of Bangladesh. However, he conceded that there is no specific allegation against respondent No. 2, Registrar of this Court.
2. In this writ petition, the petitioner made a prayer for directing the respondent No. 3 to hold investigation against respondent No.1, 1A and 2 regardi......gation on the basis of such a report. Under Article 102 (2)(a)(i) of the Constitution, the High Court Division may make an order directing a person performing any function in connection with the affairs of the Republic to do that which he is required by law to do. We have found that the Director......ich a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial.
(2) No proceeding of a police-officer in any such case shall at any stage be called in q..
Category: Anti-Corruption Laws | Date: | Hits: 178
State Vs. Shahin and others, 2009, 38 CLC (AD)
....cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......ucted by Syed Mahbub Hossain, Advocate-on-Record-For the Respondent. (In Criminal PetitionNo.74 of 2009) Not Represented- the Respondent. (In Criminal Petition No.73 of 2009) Criminal Petition for Leave to Appeal Nos. 75, 74 & 73 of 2009. Judgment Md. Tafazzul Islam J. –These pet......cision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 465. ......d framed charge against the respondents and other under section 302/34 of the Penal Code to which they pleaded not guilty. Then the above case, being sent to the Druto Bichar Tribunal No.4, Dhaka for trial, was renumbered as Druto Bichar Tribunal Case No.35 of 2003. At the trial the prosecution exam..Category: Criminal Law | Date: | Hits: 33
Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)
....ttorney-General appearing on behalf of the State, opposes the appeal controverting the submissions of the learned Advocate for the appellants submitting that the learned Additional Sessions Judge has rightly and correctly passed the impugned judgment on appreciation of the confessional statements of......nce dated 15-9-1996 passed by the learned Additional Sessions Judge, Dinajpur convicting the appellants and another under section 392 of the Penal Code sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 1,000 each, in default to suffer RI for 6 (six) months more i......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......dated 1-7-1989 corresponding to GR No. 39 of 1989 under sections 395/397 of the Penal Code was started. The Police after completion of investigation submitted charge-sheet against 25 persons to stand trial under the said sections. 4. The case was ultimately sent to the learned Sessions Judge for ..Category: Criminal Law | Date: | Hits: 83
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ...... 3235 of 1999 and Criminal Appeal Nos. 2428, 2198 of 1999. Judgment Md. Abdul Matin J.- This Death Reference under section 374 Cr.P.C. is made by the Additional Sessions Judge, 1st Court, Pabna for confirmation of the sentence of death imposed upon Md Rafiqul Islam alias Gadan, son of Yousuf A......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ......rgue for post mortem examination PW 6 held post mortem examination and submitted his report. Police after investigation submitted charge-sheet against the accused persons and others who are placed on trial before the learned Additional Sessions Judge‑1, Pabna who framed charges against them under ..Category: Criminal Law | Date: | Hits: 38
40074006400440034001400039983997399639943992399139903988398739843983398139793978