Search Options
Judgment Advanced Search
Displaying 3201-3220 of 5586 results.
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....f the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem lit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a resi......nal Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashe......o.4 in the ensuing election, 2004 of No.4, Kaiyerbil Union Parishad, Kutubdia, Cox's Bazar in violation of section 7(1) (b) of the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to thi..Category: Election Law | Date: | Hits: 87
.... petition is not at all a Master Plan within the definition of the Town Improvement Act. Referring to the relevant gazette notifications, he pointed out that the last amendment to the Master Plan was properly enacted in 1977. He referred to the Dhaka Metropolitan Development Plan 1995-2015 (DMDP) wh...... Case is also Reported in: 58 DLR (2006) 441....... Deputy Speaker within the National Assembly Area in violation of the original plan and the Building Construction Act, 1952 and the gradual disfiguring of the Jatio Sangshad Bhaban area by allowing illegal and unlawful construction works.
2. The facts of the case are as follows:
In June 1959 ..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....he accused Babi was suffering from mental disorder. He denied the suggestion that at the time of occurrence the accused was suffering from unsound mind and insanity and without investigating the case properly he submitted perfunctory charge-sheet. 24. PW 12 Sub-Inspectors Mir Abdul Latif deposed ......nciple of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution never shifts and the duty generally cast upon the prosecution to ne......r trial in case of a person being lunatic before Court of Session continued. The provisions of the section are mandatory and failure of the Court to do so rendered the entire subsequent proceedings illegal and is of no legal effect which would vitiate the conviction and sentence…………………..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431....... is also Reported in: 58 DLR (2006) 431.......s for settlement in accordance with the provision of clause (a) of GC 21 of the contract. The clause also provides that reference to arbitration as aforesaid shall be condition precedent to any other legal action. 8. As regards arbitration clause, reliance may be made on the case of Bangladesh Po..Category: Business or Commercial Law | Date: | Hits: 186
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....preparation to file a Civil Revision before this Court and that Sk. Md. Reazul Hassan left behind his childless wife Mrs. Hosneara Begum and only living brother Sk. Tariqul Alam as legal heirs of his property. 7. It is further stated that the plaintiff's wife Mrs. Hosneara Begum was not aware of ...... This Case is also Reported in: 58 DLR (2006) 425.......hile he was taking preparation to file a Civil Revision before this Court and that Sk. Md. Reazul Hassan left behind his childless wife Mrs. Hosneara Begum and only living brother Sk. Tariqul Alam as legal heirs of his property. 7. It is further stated that the plaintiff's wife Mrs. Hosneara Begu..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
.... Sylhet suffers from no illegality which does not, call for any interference. 14. The main contention of accused petitioner is that the petitioner was tried in absentia without serving the process properly as per the provision of law, that he was kept in the complete dark about the case; that he ...... 2004. Judgment Siddiqur Rahman Miah J. - This revisional application under section 439 of the Code of Criminal Procedure at the instance of Jamal Ahmed @ Jamal is directed against the judgment and order dated 1-11-2004 passed by the learned Sessions Judge, Sylhet, in Criminal Appeal No. 124 o......ner was not given any opportunity to explain the causes of delay and without giving any opportunity to the petitioner the learned Sessions Judge summarily refused to admit the appeal which is quite illegal and beyond the principle of natural justice. 12. It is further stated that in case of in ab..Category: Criminal Law | Date: | Hits: 65
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
.... officer that PW 2 told that accused gave something for miscarriage or he wanted to take deceased for treatment but she refused. He denied the suggestion that for the cause of misappropriation of the property of accused he was falsely implicated in this case and deposing falsely. 15. PW 4 Abdul A......……………..Appellant Vs. State ……………………………………………………..Respondent. Judgment April 27, 2006. Cases Referred to- Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Nawabul Alam and others Vs. State, 1995 BLD (AD) 55; Miislimuddi......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
....and why their acts should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The petitioner being a citizen of Bangladesh is a renowned businessman both in Banglad......sdiction)
Present:
Md. Muzammel Hossain J
Zubayer Rahman Chowdhury J
Engineer Md. Nurul Islam Chowdhury…………………..Petitioner
Vs.
GM, Dhaka Rural Electrification Samity 1 and another ……………Respondents.
Judgment
October 23, 2005.
Lawyers Involved:
Mob......ag No. 363 (Former), 646 (Present) Jote No. 293 (Former), 1532 (Present) total 71 decimals of land and why their acts should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..
Category: Others | Date: | Hits: 146
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....-4- 1998 passed by the learned Assistant Judge, Tarail in Other Class Suit No. 46 of 1996 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-petitioner instituted Other Class Suit No. 46 of 1996 for a declaration ......me Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Refaat Ahmed J Suratjan Bewa……………………………………..Petitioner Vs. Md. Abdul Mannaf and others………………………..Opposite Parties. Judgment May 10, 2006. Cases Refer...... execution of the deed she has not raised any specific objection as to the fact of process of registration. This led the lower appellate Court to conclude that so far as registration is concerned the legal presumption of sufficiency of that process has not been rebutted sufficiently by the plaintiff..Category: Property Law | Date: | Hits: 82
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......l Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Aftab Ali Sheikh (Md.).............................................................Petitioner Vs. Director, Land Records and others………………………….Respondents. Judgment April 18, 2006. ......rds and Surveys (respondent No. 1) and the order dated 1-7-2002 passed by the Zonal Settlement Officer, Jessore Range, Jessore (respondent No. 2) should not be declared to have been made and passed illegally and without lawful authority and to be of no legal effect. 2. Facts giving rise to this R..Category: Property Law | Date: | Hits: 62
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
....xactly he was pleading to. His plea of guilty is no more than an admission that he had committed that act which is alleged to be an offence. The learned Sessions Judge without affording the appellant proper safeguards and the consequences of his plea accepted the plea of guilty. 17. In view of th......pellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; Emperor Vs. Kassim, 26 Cr.L.I. 177...... what he pleaded before his plea of guilty is accepted. This shows that he has no basic idea as to when and under what circumstance a plea of the accused can be accepted. This plea of guilty is not a legal plea of guilty at all. A plea of guilty in a criminal Court can only be made in response to a ..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....al in nature. 44. He also proved the report of postmortem examination as Exhibit 12 and his signature on it as Exhibit 12/1. He denied the defence suggestion that he did not conduct the postmortem properly. 45. PW 22, Dilara Begum, the mother of the deceased, stated that when she was taking lu......……………………………………..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1, 2006. Cases Referred to- Paran Chandra Barai Vs. State, 6 BCR (AD) 225; State Vs. Faruqur Rahman and Others, BLT's Special Issue 2001......cumstances of the case at best section 304A of the Penal Code might apply. (2) No liability was fixed on either of the parties for causing the death and, as such, the conviction and sentence was illegal and without jurisdiction. (3) The principal offender responsible for the death of the decea..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....laintiff instituted Partition Suit No. 186 of 1994 in the Court of Senior Assistant Judge, Cox's Bazar against the defendants herein opposite parties, praying for a separate saham of her share in the property for partition by metes and bounds Subsequently, the suit was transferred in the Second Cour......Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Nasima Akhter Banu……………………………………………..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases R......mar Farook, Advocate—For Opposite Party No. 1. Civil Revision No. 2315 of 2004. Judgment Syed Md. Ziaul Karim J. - This Rule, at the instance of plaintiff-petitioner, calls in question the legality and propriety of the order dated 24-4-2004 passed by the learned District Judge, Cox's Baza..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....f the nature of the case on attachment appointed the Officer-in-Charge of Mirsarai Police Station as receiver and receiver is none but a police officer and he cannot be dispossessed from the disputed property since he has authority to arrest anyone and send him to jail and also prosecute him for com......igh Court Division (Criminal Miscellaneous Jurisdiction) Present: Mir Hashmat Ali J ABM Hatem Ali Alauddin (Md.) ………………………………………Petitioner Vs. State and others……………………………………..Opposite-Parties. Judgment June 29, 2005......d over possession to the 2nd party without any evidence and without determining as to who was in possession and in exercise of power of inherent jurisdiction the High Court Division stayed the said illegal order passed by the Additional Sessions Judge. In support of his contention he cited the case ..Category: Criminal Law | Date: | Hits: 55
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....his respect and proved the confessional statement which is marked as Exhibit 1. We have perused the confessional statement together with the evidence given by the Magistrate PW 9 and find that it was properly recorded in accordance with law and the same judicial confession is found inculpatory, volu......ey-General—For the Respondent. Jail Appeal No. 557 of 2005. Judgment Khondker Musa Khaled J.- This Jail Appeal, at the instance of accused Md. Abdul Mazid, is directed against the judgment and order of conviction and sentence dated 30-4-2005 passed by the learned Additional Sessions Judge...... recorded the confessional statement of accused Mazid under section 164 of the Code of Criminal Procedure. It is deposed that at the time of recording confessional statement, she had followed all the legal provisions and formalities necessary to be complied with. She deposed that the accused put his..Category: Criminal Law | Date: | Hits: 93
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
....nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......t & another……………..Respondents. Judgment August 14, 2005. Cases Referred to- Mobarakganj Sugar Mills Ltd. Vs. ABM Kazi Naznd Islam, 1987 BLD (AD) 182; Messrs Malik & Haq and another Vs. Md. Shamsul Islam Chowdhury and two others, 13 DLR (SC) 228. Lawyers Involved: ......t and order dated 17-9-2001 passed by the respondent No. 1 in Complaint Case No. 29 of 1996 (Annexure-C to the petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Facts giving rise to this Rule Nisi, briefly, be put thus: The respondent No..Category: Employment/Service Law | Date: | Hits: 67
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....other registrations of the trade mark 'Crocodile' in the name of the different companies vide registration Nos. 18366, 18378 and 19935 in class 25. These findings of the Deputy Registrar are based on proper and correct appreciation of the facts and the circumstances of the case and the evidence prod......te Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Abdus Salam (Md.)……………………………………………………….Appellant Vs. Deputy Registrar of Trade Marks and others……………………………Respondents. Judgment March 16, 2005. Cases Refe......0 and he had/has locus standi to file the application for taking off the trade mark from the Register earlier registered in favour of the respondents, but the Deputy Registrar failed to consider this legal aspect of the case and thus erred in law in passing the impugned orders. In support of his con..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....or and the merit of the case as a whole and acquitted the accused persons including the child. In consideration of the merit of the case it was further held that the retrial of the child would not be proper in the facts and circumstances of the case. 26. Turning back to the question of legality o......This Case is also Reported in: 58 DLR (2006) 335.......mission of the learned Counsels for the appellants and respondent State. 7. Mr. Khurshid A lam Khan, the learned advocate for the appellants, concentrated his submission on two issues, namely, (a) legality of the joint trial of the under 16 accused along with six adults in view of the requirement..Category: Criminal Law | Date: | Hits: 43
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....bordinate Judge, Mouivibazar, which was subsequently transferred to the Court of Joint District Judge, First Court, Mouivibazar, for partition of his 2/3 rd share out of 2.782/3 acres in the schedule properties. 3. The case of the plaintiff, in short, is that Babu Ram Singh was the owner of the s......nal Jurisdiction) Present: Siddiqur Rahman Miah J Md. Rais Uddin J Nil Sen Singh…………………………………………………………...Petitioner Vs. Radha Mohan Singh and others …………………………………Opposite Parties. Judgment April 24, 2006. ......e what is the law regarding burden of proof. Section 101 of the Evidence Act lays down the provision of burden of proof which runs thus: "101. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those ..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....d obtained a decree dated 1 7-11-1984. It was specifically stated that the defendant appellants were not residing at the addresses shown in the plaint rather they were residing at Dhaka. There was no proper service upon them as summons was fraudulently suppressed. 3. The defendant contested the s...... This Case is also Reported in: 58 DLR (2006) 326....... No. 130 of 1986 in the Court of Subordinate Judge, Dinajpur against the respondent for a decree that the ex parte Judgment and decree dated 27-11-1984 passed in Other Suit No. 105 of 1983 is void, illegal and not binding upon the plaintiff as it was obtained by non-service of summons and notices up..Category: Property Law | Date: | Hits: 83
48114810480948084806480548034802480148004799479847974796479347924791479047894788