Search Options
Judgment Advanced Search
Displaying 3161-3180 of 7038 results.
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....the Court of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: 3. The accused-petitione......Case is also Reported in: 57 DLR (2005) 17. ......half of the petitioners. 10. However, Mr. Md. Afsar Hossain, learned Assistant Attorney‑General, is present to oppose the Rule on the ground that charge‑sheet by itself constitutes prima facie evidence constituting the offence for proceeding further in the matter where this court has a little..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
.... in all cases, rather they may consider such a prayer only in exceptional circumstances and certainly not on mere asking for it. But in a proper case they are expected to rise to the occasion and the facts and circumstances in this case suggest that this is one of such a situation. 12. It appears......n (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Abdul Mannan Bhuiyan (Md.)........................Petitioner Vs. University of Rajshahi and others...............Respondents Judgment April 26, 2004. Lawyers Involved: Md. Taju...... ৩২ নম্বরের চেয়ে অনেক বেশি নম্বর পাবে। অন্যান্য ১৫টি পত্রের নম্বরই সাক্ষ্য (evidence) বহন করে। তার প্রথম শ্রেণী ঠেকানোর ..Category: Others | Date: | Hits: 157
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....why the proceedings of GR Case No. 403/2000 (Sadar) corresponding to Bogra PS Case No. 15 dated 5‑5‑2000 now pending in the Court of Magistrate, 1st Class, Bogra, should not be quashed. 2. The facts relevant for disposal of this Rule, briefly stated, are that the petitioners inherited some la......also Reported in: 56 DLR (2004) 453.......r section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Cour..Category: Criminal Law | Date: | Hits: 62
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
.... 9. Section 10(1)(b)(h) of the IRO provides that the registration of a Trade Union may be cancelled by the Registrar if the trade union has obtained registration by fraud or by misrepresentation of facts or if the trade union has elected as its office bearer a person who is disqualified under sect......another ……...... Respondents Judgment February 24, 2003. Result: The Rule is made absolute. Lawyers Involved: Rafique‑ul-Huq with Khalilur Rahman with Zubayer Rahman Chowdhury and Muhammad Sakhawat, Advocates ‑ For the Petitioner. Tufailur Rahman ‑ For Respondent No. 2......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....ecific defence case was made out by leading any evidence or by cross‑examining the P.Ws. or by making any statement under section 342 Cr.P.C. by the defence. The trial Court on consideration of the facts and circumstances of the case and evidence on record was pleased to find the accused‑appella......ssain, 16 DLR (WP) 48; 7 DLR (FC) 1; Ali Vs. Crown, 4 DLR (SC) 551; Fazal Elahi Vs. Crown, 5 DLR (WP) 13; Khan Vs. Crown, 7 DLR (FC) 1; Mobarak Hossain Vs. State, 33 DLR 274; Barkat Ali alias Gharibu and others Vs. Crown, 1969 (SCMR) 448; Muhammad Ismail and others Vs. State and another, 1970 PLD (K......uding the Investigating Officer to substantiate the charges. The accused being an absconder, there was no cross‑examination of the witnesses and no specific defence case was made out by leading any evidence or by cross‑examining the P.Ws. or by making any statement under section 342 Cr.P.C. by t..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....f each case, has enough supervisory power to act to correct an apparent wrongful exercise of power at the threshold and to keep the records clean, mostly in exceptional cases, it can act, on admitted facts, in spite of the provision of an Election Tribunal deciding election disputes. 14. The expr......rt Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Afzal Hossain…………………………Petitioner Vs. Chief Election Commissioner and others…………………………Respondents Judgment December 1, 1992. Result: T......rs and submissions having been examined it has been proved that the complainant Chairman candidate Mohiuddin Sikdar submitted nomination paper after paying the Bank loan. The Returning Officer in his evidence recorded on 10.10.92 admitted that after scrutiny of the nomination paper of Mohiuddin Sikd..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....e is no such requirement in the relevant provision, an aggrieved person may maintain an application under Article 32 and Article 226 of the Indian Constitution. Although the petition was dismissed on facts SC Agarwal J, on behalf of a five-member Bench of the Supreme Court of India held at para 48: ......Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Air Marshal Jamaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of Bangladesh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is ma...... an innocent man as anybody else. It is always for the prosecution to prove beyond reasonable doubt that he is guilty of the offence as charged. No disability can touch him till he is found guilty on evidence by a Court of competent jurisdiction. This is a settled and fundamental principle in Crimin..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......l Hatem ............….. Condemned Prisoner Judgment February 2, 2003. Result: Death Reference is accepted. Cases Referred to- Noor Jahan Begum Vs. State, 42 DLR (AD) 130; Al Amin and others Vs. State, 51 DLR 154. Lawyers Involved: Md. Helaluddin Mollah, Deputy Attorney ‑......ard shouting of Rahima Khatun and Rahima disclosed of inflicting of dagger blow by condemned prisoner on her belly. PW 3 Mazu alias Monzu took out dagger from the belly of Rahima. It is, also, in his evidence that Rahima made disclosure that condemned prisoner dealt dagger blow on her belly. PW 4 Md..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....pre-emption under section 96 of the State Acquisition and Tenancy Act, should not be set aside and/or pass such other or further order or orders as to this Court many deem fit and proper. 2. Short facts, necessary for the purpose of the Rule is that the opposite Party Nos. 1‑4 as pre-emptors ...... Ed. This Case is also Reported in: 56 DLR (2004) 427.......e learned Advocate appearing with Ms. Sarwat Binte Islam on behalf of the petitioners, submits that in the instant case both the trial Court as well as the appellate Court did not at all consider the evidence on record in arriving at their decisions in the case. In elaborating his submission, the le..Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
....qualification and disqualification is very much an election dispute. The principle of law enunciated in the cases referred to by Mr. Fazlul Karim, as mentioned herein above is not applicable in the facts and circumstances of the instant case as those cases were decided under different laws and und...... ...... of age on the date of filing of the nomination paper and thus he was qualified to be a candidate for the post of Chairman of the said Union Parishad. On appeal, the Appellate Tribunal considered the evidence on record, both oral and documentary, and came to the definite finding that the petitioner ..Category: Election Law | Date: | Hits: 156
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
....ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......Ahmed, Advocate ‑ For the Petitioner. Md. Ibrahim Mollah, Advocate ‑ For the Respondent. Company Matter No. 131 of 1999. Judgment Md. Awlad Ali J.- This application under sections 241 and 242 of the Companies Act, 1994 has been made by the petitioner Ambala Cold Storage (Pvt.) Ltd. I......ted the claim saying that it is not based on any proper survey report and that the claim is not covered by the policies. Unless the disputed claim is assessed by a competent Court having received the evidence for determining the loss and damage the respondent company is not liable to pay the amount...Category: Company Law | Date: | Hits: 168
.... order (Annexure‑K), including Memo No.PSB (Pra:18S‑18/89‑90/704 dated 9-9-90 (Annexure‑Q) should not be declared, to have passed without lawful authority and is of no legal effect.
2. The facts, in short, as stated in the petition are that the petitioner was posted to the thana store, Ba......n)
Present:
KM Hassan J
Md. Fazlul Haque J
KM Fazlul Haque…………………………………………..Petitioner
Vs.
Chairman, Bangladesh Agricultural Development Corporation and another..............................................Respondents
Judgment
August 28, 1996.......tainable, we do not think it is necessary to consider other grounds.
In the result, the Rule is discharged with no order as to costs.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 27. ..
Category: Criminal Law | Date: | Hits: 78
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....nd decree dated 21-8-1993 respectively passed by Assistant Judge, 5th Addl. Court Dhaka in Title Suit No.90 of 1992 decreeing the suit for eviction of the petitioner from the suit property. 2. The facts giving rise to this Rule are, that the opposite party Nos.1 and 2 as plaintiffs filed Title Su...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......an appeal being Title Appeal No.315 of 1993 which was heard by the Additional District Judge 2nd Court, Dhaka. The learned Additional District Judge after considering the facts, circumstances and the evidences of the case, dismissed the appeal and confirmed the judgment and decree of the trial Court..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....on of intention. The law in this respect well settled. The intention of the settler has to be inquired into in order to make out whether the Waqf was real or not, and for the purpose of such inquiry, facts and circumstances showing for suggesting that it was never intended to be acted upon are relev...... Present: Mohammad Fazlul Karim J Mokbul Ahmed @ Kutub through his constituted Attorney Md. Shamsul Islam....................................................Appellant Vs. Shamsul Rashid and others................Opposite Parties Judgment July 24, 1996. Result: The appeal is......tion 50 of the Waqf Ordinance to claim that the property is not a Waqf property and, as such, no estoppel is operating against the petitioner. The learned Advocate further submitted with reference to evidence on record that even the mutwalli’s brother has sold a part of the suit property treating ..Category: Trust/Waqf Law | Date: | Hits: 165
Syed Khalilulla Salik alias Juned Vs. Haji Md. Rahmat Ullah, 1995, 24 CLC (HCD)
....ceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd class, Sadar, Sylhet is quashed. Send back the LC records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 16. ......section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceeding of CR Case No.224 of 1988 pending in the Court of Magistrate, 3rd Class, Sadar, and Sylhet should not be quashed. 2. Facts relevant for the purpose of disposal of the Rule are ......The word ‘document’ denotes any matter expressed or described upon any substance by means of letters, figure or marks or by more than one of these means, intended to use or which may be used as evidence of that matter. Section 463 of the Penal Code defines forgery as under: “Whoever ma..Category: Constitutional Law | Date: | Hits: 169
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... as such, he has no locus standi to challenge the election of the Respondent No.1 under Article 102 of the Constitution. But it appears to us that the aforesaid case is quite distinguishable from the facts and circumstances of the present case. In the above case it was held by their Lordships that a......cial Original Jurisdiction) Present: Mozammel Hoque J Md. Abdul Matin J Abu Bakkar Siddique..................................................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule i...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
....isonment for life with fine of TK.5,000.00(five thousand) in default to suffer rigorous imprisonment for 3(three) months more. We have considered the submissions of the learned Advocate and in the facts and circumstances, no reason was found to interfere with the same. In view of the above, w...... Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No.298 of 2008. (From the judgment and order dated the 20th and 23rd days of March, 2008 passed by the High Court Division in Death Ref......o be tried. The trial was held in absence of absconding accused Hanif and Masum. They were defended by State defence lawyer. 4. During trial the Additional Sessions Judge, Jhalakathi, recorded the evidence of two prosecution witnesses. At that stage of the trial the case was transferred by the Go..Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....rs. In view of the above we are of the view that the High Court Division acted illegally in maintaining the maximum sentence of the charge while affirming the conviction. On consideration of the facts and circumstances of the matter, we find substance in the alternative submission made by t......rt Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J Md. Moniruzzaman alias Chaklet and others……………………Petitioners Vs. The State……………………………......Daman Ain, 2000. 4. The case was sent to the Nari-O-Shishu Nirjatan Daman Tribunal, Jessore for trial who took cognizance and held trial examining as many as 11 witnesses and after considering the evidence on record found accused Md. Moniruzzaman @ Chaklet, Masud Rana, Md. Mostak, Driver Abul Kal..Category: Criminal Law | Date: | Hits: 70
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
....uit land during the pendency of the instant suit, thus commit ted an error apparent on the face of record affirming the decree of mandatory injunction and dismissing the leave petition and in the facts of the instant case the judgment passed by this Court requires to be reviewed. IV. Because,......Reported in: VIII ADC (2011) 702. ......e Notification dated 4th May, 1961 for the extension of agriculture in the name of Agricultural Directorate and, therefore, the suit is not maintainable. 4. The trial Court on consideration of the evidence on record by judgment and order dated 30th October, 2003 decreed the suit. On appeal, the H..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
.... an effective remedy in the Adalat, not even equally efficacious, ordinarily the High Court Division will decline to interfere unless he has exhausted his statutory remedies particularly when the facts alleged have to be investigated." 5. Thus it appears that the point as regards the selling ...... Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Saidur Rahman………………………………………………Petitioner Vs. Farid Uddin Mahmud and others………………………Respondents Judgment March 9, 2011. Result: The pe......f Civil Procedure that is to say, error apparent on the face of the record or omission to bring to the notice of the Court the relevant provisions of law or discovery of a new and important matter of evidence which, after exercise of due diligence, was not within the knowledge of the person seeking ..Category: Property Law | Date: | Hits: 81
56825681567956755674567356725670566956685667566556645663566256615660565956585657