Search Options
Judgment Advanced Search
Displaying 3081-3100 of 7038 results.
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....r leave to appeal in respect of the judgment and order dated 03.07.2008, passed by the High Court Division in Civil Revision No.1182 of 1998, discharging the Rule and dismissing the suit. 2. The facts of the case, in brief, are that the petitioners instituted a suit being Title Suit No.90. of 1......reme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Mosammat Rahima Khatun and others...................Petitioners Vs. Emran Ali and others...................................creed but on appeal it was sent back on remand for trial afresh wherein it was renumbered as Other Class Suit No.96 of 1987. After hearing, the learned Senior Assistant Judge, on consideration of the evidence on record, found that the plaintiffs proved their prima facie title and also possession in ..Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....n us through the impugned judgment and order submitted that in view of the fact that the impugned licence of the plaintiff‑respondent has already been cancelled by defendant No.3 and in view of the facts that the plaintiff has already been evicted from Buffet car, Restaurant Car, Confectionery sta......High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondent...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....ed from the house of one Ishaque and the same is said to have been recognized through a TI parade and that piece of saree has not been produced in Court or proved by any evidence. Thus in view of the facts that there is no evidence or even any proved circumstance to connect the aforesaid 3 other acc......d. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......ndered. After examination of the prosecution witnesses, the accused, were examined under section 342 of the Code of Criminal Procedure. The learned Additional Sessions Judge on consideration of the evidence on record was pleased to convict and sentence only these 4 accused appellants namely 1. Kab..Category: Criminal Law | Date: | Hits: 76
Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)
....isposing of the same rationed paddy by or under any such law look place in between accused persons or any other persons concerned. 13. We have carefully considered the evidence on record and the facts and circumstance of the case, but we do not find that the alleged paddy has been definitely pr...... Ahmed, Advocate - For the State. Criminal Appeal No.31 of 1987. Judgment Muhammad Ansar Ali J.- This appeal under Section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 28.2.87 passed in Special Tribunal Case No.57 of 1984 by Mr. M. Jafar Ahmed Mina, As......s-examination of the witnesses made on behalf of the accused Shah Alam is that he is innocent and is a victim of circumstances. He was examined under section 342 of the Cr.P.C. after the close of the evidence. In his statement under section 342, Cr.P.C. no involvement of this appellant in anyway h..Category: Criminal Law | Date: | Hits: 74
Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)
....abila witnesses. The process appears to have been served on Harmohon's refusal by affixing a copy on his outer door. The service return contains a declaration made by the process server as to the facts of the service. 6. P.W.1 Kalipada Das, son of the original defendant Hara Mohan Das, has de......nsaruddin Ahmed J.- This Rule issued at the instance of the plaintiff-petitioner Alhaj Abdul Aziz on an application under section 115 of the Code of Civil Procedure is directed against the judgment and order passed on 4.12.79 by Mr. M.A. Rahman Mia, Additional District Judge, 1st Court, Bakerganj ......ervice of summons upon the defendant in the suit. The learned Subordinate Judge has held that the summons upon Hara Mohan Das was duly served. He has however observed that in view of the satisfactory evidence on behalf of the plaintiff-Opposite party there is no necessity to examine the serving pe..Category: Procedural Law | Date: | Hits: 65
Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)
....awal has affected the merit of his decision which has caused failure of justice. It may also be mentioned that the defendant's prayer for rejection of the plaint still remains indisposed of. In the facts and circumstances of the case the whole mailer may be sent back to the learned Assistant Jud......5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 Peshawar, 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Petitioner. Hemayetuddin Ahmed, Advocate - For Opposite party Nos.1 and 4. Civil Revision No.84 of 1988. Judgment DM Ansaruddin Ahmed J.- This Rule issued on a......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ..Category: Election Law | Date: | Hits: 206
.... and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from custody on the ground that he has been detained illegally and without any lawful authority.
2. The facts of the case are that petitioner Dr. Md. Habibullah is a citizen of Bangladesh and the local ......ued on 8.8.88 under section 491 of the Code of Criminal Procedure at the instance of the petitioner Dr. Md. Habibullah (next friend of the detenu) calling upon the Secretary, Ministry of Home Affairs and 4 others to show cause why the detenu Philip Reginald Cunningham should not be released from cus......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....hich the order has been made, and shall afford him the earliest opportunity of making a representation against the order: Provided that the authority making any such order may refuse to disclose facts which such authority consider to be against the public interest to disclose." And Article...... itself that the detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner's case, in short, is that he is a cousin of the detenu Yunus Ali Mintu and is a citizen of Bangladesh; that the detenu Yunus Ali Mintu comes of a respectable Muslim fami......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....f a convicted accused is taken away if the Court has accepted the plea of guilty and convicted him on such plea. The plea of guilty, which an accused person enters in a case, has to be related to the facts of the prosecution case as stated against him and as disclosed in the accusation. The principl......his Case is also Reported in: 56 DLR (2004) 495.......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....ttled that this Court in exercise of its jurisdiction under section 561 A of the Code may quash a proceeding including the judgment and order of conviction and sentence passed therein in cases of (a) facts not disclosing any offence, (b) coram‑non‑judice, (c) bar of law, (d) lack of legal eviden......aneous Case No. 1209 of 1995. Judgment Sheikh Rezowan Ali J. - On an application by the convict petitioner, namely Md. Ayub Ali a Rule was issued calling upon the Deputy Commissioner Chittagong and the complainant opposite party No. 1 to show cause as to why the proceedings of CR Case No. 1017......ntiate the charge prosecution produced 2 witnesses namely PW 1 Abdul Khaleque, Deputy Inspector, Narcotics Control Department and PW 2 Shahidullah, Sepoy of the said Department. On the basis of their evidence the learned Metropolitan Magistrate, Chittagong found him guilty of the offence punishable ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....sented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of 1996, which rejected a prayer for pre-emption. 2. Short facts for disposal of the appeal are that, on 15‑09‑96 the preemptors made an application under ......is Case is also Reported in: 56 DLR (2004) 485.......barakullah and vendee respondent No. 4 Fazlur Rahman. Documents adduced by the preemptors were marked as Exhibit‑1 to 4 while those of the objectors marked as Exhibit-'Ka' to 'Ga' series. On the evidence, oral and documentary on record, the trial Court dismissed the case. 14. Mr. ABM Mahbub,..Category: Property Law | Date: | Hits: 71
Abdul Halim Ukil Vs. State, 2004, 33 CLC (HCD)
....l trial of a case cannot be had in any Criminal Court subordinate to it, party concerned who moves the High Court Division under section 526 of the Code must necessarily show by specific and definite facts the truth of allegation or apprehension in above regard. Unless the truth or basis of the appr......a Bichar Ain, 2002, now pending in the Court of Mr. Golam Kabir, Magistrate 1st Class Druta Bichar Ain Adalat Sherpur should not be transferred from that Court to any other appropriate Court for fair and impartial trial and disposal. 2. The matter being urgent service of notice upon State-opposit......erpur for short time to move application under section 526 of the Code before the High Court Division but such petition was rejected and said Court proceeded with trial, examined witnesses and closed evidence fixing next date for argument. Being thus apprehensive present application under section..Category: Criminal Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......DLR (2004) 477. ......hat kabala was not acted upon. The Appellate Court did not agree with the finding of the Trial Court that the plaintiff executed and registered the kabala. The Appellate Court on consideration of the evidence on record found that the plaintiff did not execute and register the kabala. 6. Mr. Bashi..Category: Property Law | Date: | Hits: 80
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....er could agitate any law point. He further submits that the Appellate Court being the last Court of fact, the submissions made by the learned Advocate for the plaintiff petitioner are relating to the facts and revisional Court should not enter upon and assess such evidences relating to the facts. He......004) 474. ......ferred to the Court of learned Subordinate Judge, 1st Court, Noakhali and marked and numbered as Title Appeal No. 92 of 1999. After hearing the learned Advocates of the parties and considering the evidences on record he was pleased to allow the appeal and reversed the judgment and decree passed b..Category: Employment/Service Law | Date: | Hits: 96
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....eal as well as in revision is the same between the same parties over the same works, we heard both of them together and now dispose of by this order. The parties have filed number of affidavits of facts annexing number of papers by this time. 10. Facts which do not admit of any controversy are...... ......ills of Taka 17,35,000,00 and thereby, received Taka 69,45,548 in excess. 16. He submitted that the claims of the plaintiff were never accepted by the defendants, which could only be determined on evidence at the trial of the suit. He submitted that the Suit was ready for hearing and 5/6 witnesse..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468....... maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......of gift. From the judgments of the Courts below it appears that this question was raised in the Courts below and both the Courts below answered the same against the plaintiffs on consideration of the evidence on record. Therefore, there is no scope to reopen the matter by this Court in exercising re..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....others, 48 DLR (AD) 62; 10. General Manager, Sonali Bank and another Vs. Md Abul Khayer and others, 2 BLC (AD) 88; and 11. Rupali Bank Ltd. Vs. Md. Arab Ali and others, 7 BLC (4D) 1. 17. The facts of the case are not disputed. On 19‑12‑77 the plaintiff joined the Uttara Bank, Sylhet bra...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Uttara Bank Ltd...............................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is...... as exhibit‑1 to exhibit‑10 while one power of attorney dated 6‑10‑86 and another memo dated 10‑3‑79 adduced by the defendants were marked exhibit-A and exhibit-B. 12. On the aforesaid evidence, oral and documentary, on record the trial Court found the suit not maintainable under sect..Category: Employment/Service Law | Date: | Hits: 174
....roposition of law laid down in the aforesaid decisions cited by Mr. Syed Ishtiaque Ahmed, the learned Advocate for the petitioner. He however, submits that each case will have to be considered on its facts, Mr. Aminul Hoque, the learned Attorney-General, submits that the company is a private limit......) (1993) 749.......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749...
Category: Company Law | Date: | Hits: 181
....n of the Government through different allottees. The petitioner after long 13 years of the alleged deed of agreement filed the suit for specific performance of contract in suppression of all material facts and obtained the ex parte decree against the alleged executant of the Bainanama and the sale d......y of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, Civil Petition ......nce 54 of 1985 provided that a Court of Settlement shall after such enquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and, also adducing evidence, both oral and document make such decision. The Court of Settlement on consideration of the..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....he owner. Drawing my attention to this paper he submits that this gives rise to a cause of action for the present suit for breach of contract for non‑delivery of the cargo of the plaintiff and such facts as have been stated in the plaint this Court has jurisdiction to try the suit. Dr. Kamal Hossa...... no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
57765775577457725771577057695768576757665765576457635762576157605759575857575756