Judgment search - Chancery Law Chronicles

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State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......o.141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an in......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

.... 17. To have a clear picture about the legal position referred to in section 476 and as argued by the learned counsels, section 195(1), clauses (b) and (c), are quoted below: "195. Prosecution for contempt of lawful authority of Public Servant.- (1) No Court shall take cognizance- (a)...............ed Sessions Judge, Lakshmipur in Criminal Appeal No.14 of 2004 affirming the order dated 18.3.2004 by which the learned Joint District Judge, 1st Court, Lakshmipur in Miscellaneous Case No.41 of 1986 forwarded under section 476 of the Code of 1898 a copy of that order to the Court of Magistrate to t......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..

Category: Property Law | Date: | Hits: 122

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......��……………Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a case for the purpose of quashing a proceeding under section 561A of the Code of Criminal Procedure, one o......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......ng." 23. In the decision in the case of SB Zaman Vs. Dilip Kumar Shaha @ Dilip Babu, 4 BLT (AD) 231, banked upon by the learned Advocate for the petitioner, it has been observed: "The learned Judges of the High Court Division upon reading the petition complaint rightly held that the petition..

Category: Criminal Law | Date: | Hits: 92

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......petitioner sent the opposite party No.1 to her father’s house and he never maintained her or her child. In the meantime the present petitioner at the instance of the opposite party Nos. 2-4 married for the second time and refused to maintain the opposite party No.1 or her child. With that allegati...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......rovides that the provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force and section 4 has provided that all Courts of Assistant Judges shall be the Family Courts for the purpose of this Ordinance and section 5 provides that the ..

Category: Family Law | Date: | Hits: 209

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......ner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. Result: The appeals are therefore allowed. The civil petitions are disposed of. The Value Added Tax Act, 1991 (Act No. 22 o....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......ar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not be hanging in the name of trial for unlimited period, this Ain was promulgated keeping in mind the provision of Article 35 of the Co......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..

Category: Procedural Law | Date: | Hits: 84

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......tue must prima-facie be given its ordinary meaning…………………..(41) In absence of any definition or meaning of the words 'any goods' in the law itself the 'Indian currency' or any other 'foreign currency' will not come with the meaning of the words 'any goods' as contemplated in sub-sec......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e of Commissioner of Income Tax, Kerala Vs. Tara Agencies, reported in 6 (2007) Supreme Court Cases 429 held in paragraph 54 as follows:- "54. In Union of Indian Vs. Dcoki Nandan Aggarwal a three Judges Bench of this Court held that it is not the duly of the Court either to enlarge the scope of ..

Category: Criminal Law | Date: | Hits: 84

Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ...... are made in order to short-circuit the long procedure of general law obviously to carry out the purpose of the Order itself………………..(12) Since the law does not make an exception to the forum and consistently mentions the words "District Judge" as the forum for making the application t......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......……………(15) There is no reason to give any extended meaning to the plain and unambiguous expression "District Judge" consistently used in the law itself and import any other designation of Judges therein irrespective of their co-equal jurisdiction, if any. Even it is the case that the Spe..

Category: Property Law | Date: | Hits: 127

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......Tribunal Ain, 2002 (Act No. 28 of 2002); sections 6, 10 (4), 15 Under section 6 of the Druto Bichar Tribunal Ain, 2002, a case which relates to the offences as mentioned in the section and pending for trial in the Courts as mentioned in the section may be transferred by the Government to a Tribun......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... out that such right has been given to the higher courts under different laws now in force. Next, he has given emphasis on the fact that it is the Government who chooses the cases, the Courts and the Judges. So, according to him, this unfettered power as given to the Government not only is violative..

Category: Criminal Law | Date: | Hits: 177

Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)

....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......nserting section 339B in Cr.P.C. they did not consciously make any corresponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C.......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ...... accused persons to appear before the Special Tribunal on a given date as envisaged in section 27(6) of the Special Powers Act, 1974 for trial in absentia. In that case it was held by the learned Judges that the accused could not be regarded as having absconded in absence of service of summons..

Category: Criminal Law | Date: | Hits: 110

Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)

....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......tioner. Gazi Md. Mamunur Rashid, Assistant Attorney General - For the State. Criminal Miscellaneous Case No.18937 of 2011. Judgment M Enayetur Rahim J.- This is an application for restoration of the above mentioned Miscellaneous Case under section 561A of the Code of Criminal......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......es the Court of Sessions shall hold its sitting; but, until such order is made, the Courts of Sessions shall hold their sittings as thereof. (3) The Government may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise Jurisdiction in one or more such Courts. [(3A) T..

Category: Procedural Law | Date: | Hits: 167

Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....Kaisar Ali, Advocate ‑ For the Petitioner. Civil Order No.5233 (Contempt) of 1997. Judgment AM Mahmudur Rahman J.- This application has been filed for drawing up proceeding of contempt of Court against the Secretary, Ministry of Works and the Assistant Secretary of the same M...... Lawyers Involved: Kaisar Ali, Advocate ‑ For the Petitioner. Civil Order No.5233 (Contempt) of 1997. Judgment AM Mahmudur Rahman J.- This application has been filed for drawing up proceeding of contempt of Court against the Secretary, Ministry of Works and the Assi......t's order. For the reasons stated above, the present application is rejected summarily as there is no substance in it. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 628. ......t's order. For the reasons stated above, the present application is rejected summarily as there is no substance in it. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 628. ..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 99

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......dated 21.11.2008. 3. We have perused the writ petition and the Affidavits-in-Opposition arid the Supplementary Affidavit. We have considered the submissions made by the learned Advocates appearing for the petitioner, the respondent No.5 as well as the learned Additional Attorney General and the l......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......l service and that the officer from the judicial service holds the post of Joint Secretary or Additional Secretary only on deputation and that the highest post of the judicial service is the District Judges and as such appointment of a judicial officer by promotion to the post of "Additional Secreta..

Category: Constitutional Law | Date: | Hits: 361

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ...... person entitled to possession thereof. Being aggrieved, the second party petitioners have moved this Court and obtained the present Rule. 3. Mr. Formanullah Khan, the learned Advocate appearing for the second party petitioners has taken me through the impugned judgments and orders of the Court......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......t where in a district, the District Magistrate, Additional District Magistrate or any Magistrate of the first class is specially empowered under section 29C to try any offence, all Assistant Sessions Judges of the Sessions Divisions within which the District is situate shall be deemed to have been a..

Category: Procedural Law | Date: | Hits: 116

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......06 of 2008. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Gazipur for confirmation of the sentence of death imposed upon the condemned-prisoners Nazma Barker @ Beau......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......ces of acquisition, is explicable fully by the proximity of those consequences and need have no connection whatsoever with either it is voluntary nature, or the truth of the facts stated. The learned Judges were perfectly right in first deciding those two questions and the answer being in the affirm..

Category: Criminal Law | Date: | Hits: 99

Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)

....87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......te party No.1 Rashida Khatun is the wife of the petitioner Rezaul Karim. She filed an application being Miscellaneous Case No.145 of 1987 under section 488 CrPC demanding maintenance from her husband for herself and her minor daughter. Ultimately by the order dated 18‑7-88 the learned Magistrate d......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ......pposite view submits that the decision by the Division Bench was passed ex parte against the husband opposite party and that section 3 of the Family Courts Ordinance was not placed before the learned Judges. 5. Learned Advocate then cites two decisions of the Supreme Court of Pakistan reported in..

Category: Family Law | Date: | Hits: 133

Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)

....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......tions 447/ 323/ 382/386/506 of the Penal Code, now pending in the Court of Sessions Judge, Cox's Bazar rejecting the application of the petitioners under Section 344 of the Code of Criminal Procedure for stay till disposal of Other Class Suit No.26 of 2003 which is pending in the Court of Joint Dist......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ..

Category: Criminal Law | Date: | Hits: 54

M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)

....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......ssed by the learned Joint District Judge and Artha Rin Adalat, Narayanganj in Artha Rin Money Execution Case No.41 of 1999 should not be set-aside. 2. The material facts of the case as necessary for disposal of the Rule are that the opposite party No.1, Janata Bank, Fatullah Branch as plaintiff......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......maintainability of the writ petition against an interlocutory order of Artha Rin Adalat and as such the impugned judgment and order is liable to be set aside by this Court. Furthermore, the learned Judges of the High Court Division failed to appreciate the decision in the case of Sultana Jute Mill..

Category: Civil Law | Date: | Hits: 129

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......n the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view of the matter, both of these Writ Petitions are hereby taken up together for disposal allowing, however, for separate orders and outcomes as shall follow upon such disposa......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..

Category: Constitutional Law | Date: | Hits: 314

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......framing charge against the petitioner Mrs. Jobaida Rashid should not be set aside. By order of the same date further proceedings of the above mentioned Sessions Case was stayed. 2. Facts necessary for the purpose of disposal of this Rule are as follows: AFM Mahitul Islam receptionist‑cum‑r......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......ere brought out by several accused persons. Primarily on the basis of these broad statements charge was framed against the respondent under sections 302/109 and 307/109 of the Penal Code, The learned Judges of the High Court Division on consideration of the materials on record found that there was n..

Category: Criminal Law | Date: | Hits: 107

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