Judgment search - Chancery Law Chronicles

Displaying 361-380 of 1069 results.

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......…………………Opposite Party Judgment May 31, 1983. Result: The rule is made absolute. Cases Referred to- L.R.C. Vs. Duke of Westminster, 36 A.C. at page 1; Muhammad Swaleh and another Vs. Messers United Grain & Fodder Agencies, 16 DLR (SC) 155. Lawyers Involved: ......ot by itself attract the provision of section 115 of the Code of Civil Procedure unless it can be shown further that there was such a violation of some statutory provision of law or the principles of natural justice as would render the proceedings coram-non-judice. In the instant case the whole thin..

Category: Trust/Waqf Law | Date: | Hits: 134

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

.... the charge as leveled against him. The accused is to be discharged from his bail bond immediately. Communicate this order at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 417. ......ial Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Nazmul Hossain (Md.)................Petitioner Vs. State, represented by the Deputy Commissioner, Patuakhali and others .............Respondents Judgment August 10, 1992. Result: The Rule is made a......ion is a nullity. It may have given its decision in bad faith. It may have made a decision which it had no power to make. It may have failed in the cause of enquiry to comply with the requirements of natural justice. It may in perfect good faith have misconstrued the provisions giving it power to ac..

Category: Criminal Law | Date: | Hits: 84

Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)

.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ......e Court High Court Division (Civil Appellate Jurisdiction) Present: Gazi Shafiuddin J Gour Gopal Saha J Siddique (Md.)………………………..Appellant Vs. Yeakuti Begum and others……………………………Respondents Judgment June 4, 1997. Result: Th...... know about it, the defendants became entitled both in equity and as of right to notice of the date fixed for hearing of the suit after its restoration at the instance of the plaintiff. Principles of natural justice, equity and good conscience do come in aid of the defendant under such circumstances..

Category: Procedural Law | Date: | Hits: 88

Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......Wahidullah Majumder…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Finance, Internal Resources Division, Bangladesh Secretariat, and others………………..Respondent Judgment March 19, 1997. Result: The Rule is ma...... consignment on the basis of tariff value and also realised Value Added Tax (VAT) to the extent of Taka 1,15,668.00 by assessment order dated 8‑2‑92. The petitioner claims that the consignment of natural raw rubber was exempted from VAT under MS Code 40. 01 of the first schedule to the VAT Act, ..

Category: Administrative Law | Date: | Hits: 192

Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)

....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......Lahore 733. Lawyers Involved: Menhazuddin Ahmed, Advocate ‑ For the Petitioner. Civil Order No. 3228 of 1998. Judgment Md. Abdul Karim J.- This application at the instance of the husband‑petitioner under section 115 of the Code of Civil Procedure is directed against the judgment a......r. Menhazuddin Ahmed Khan, learned Advocate appearing for the petitioner, submits that the learned Subordinate Judge hearing the appeal fell into an error of law by not holding that the father is the natural guardian for a minor male child above the age of seven years and that the Court passed the o..

Category: Family Law | Date: | Hits: 136

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......t the owner shall generally provide protection against all damages or loss of life and property during demolition. 46. The Code also provides for precautionary measures and protections against the natural disaster by earthquake. Section 2.5 of Chapter 1 of Part 4 of the Code deals with 'Earthquak..

Category: Labour and Industrial Law | Date: | Hits: 163

State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

.... and that the prosecution has hopelessly failed to prove the charge under section 302/34 of the Penal Code against the condemned persons beyond any shadow of reasonable doubt by adducing independent, disinterested and eyewitness of the occurrence and that the learned Judge convicted the persons on...... ......Arman and on the most cogent and reliable evidence and that his judgment does not suffer from any mis-reading and non-reading of evidence. She further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal points of falsehood in their ev..

Category: Criminal Law | Date: | Hits: 106

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......70. ......ntending claim of the parties and if this court apprise the evidence on record it will be revealed that the plaintiff successfully proved his Bainapatra dated 02.4.1979 by the F.W's 2 and 3 who are natural and impartial witness to the said Bainapatra while the defendant No. 3 failed to prove his..

Category: Property Law | Date: | Hits: 119

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ...... Court Division (Civil Appellate Jurisdiction) Present: AHM Shamsuddin Chowdhury J Md. Delwar Hossain J Md. Shahab Uddin Chowdhury.......................Petitioner Vs. Bangladesh and others..................................Respondents Shahab Uddin Chowdhury………………�...... the impugned Memo dated 17.5.2009 withdrew his earlier order dated 12.5.2009 without serving any show cause notice or giving any opportunity of personal hearing and thereby violated the principle of natural justice. Challenging the said Memo dated 17.5.2009 the petitioner moved this Hon'ble Court w..

Category: Civil Law | Date: | Hits: 130

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. ...... June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997) 11; AKM Mohinus Sakh and others Vs. State, 45 DLR 386; 17 BLD (AD) 54. Lawyers Involved: Mahbubur Rahman with Farah......on and so she went to Bangabhabon along with Faruque. This explanation as given by the petitioner cannot be brushed aside lightly in the situation that was prevailing on 15th August 1975. It was very natural for a wife to be worried about her husband and might have rushed to Bangabhabon when she was..

Category: Criminal Law | Date: | Hits: 107

State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)

....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... Sheema Begum…………………………………………Appellant Vs. The State…………………………………………...Respondent (In Criminal Appeal No.343 of 2001) Saiful and Others…………………………………………Appellants Vs. The State………�......ence has not been corroborated by any other witness of this case. Moreover, this fact appears to have not been disclosed to any other witness even to P.W.2 Ayesha Begum the informant. It is quite but natural that had this witness in fact saw 3 persons carrying one person in their shoulder before daw..

Category: Criminal Law | Date: | Hits: 94

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......t Vs. The State……………………………………Respondent Judgment November 20, 2007. Result: The appeal is allowed. Presumption in a Criminal Trial The fundamental and basic presumption in the administration of the criminal law and justice delivery system is the......appellant on the basis of cogent and reliable evidence and that his Judgment does not suffer any misreading and non-reading of the evidence. She further submits that all the prosecution witnesses are natural probable and competent and there is no internal point of falsehood in their evidence on any ..

Category: Criminal Law | Date: | Hits: 108

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......ases Referred to- Bangladesh Small Industries Corporation Vs. Mahboob Hossain Chowdhury,29 DLR (S.C.)41; Bangladesh Biman Corporation Vs. Chowdhury Md. Yusuf, 31 DLR (AD) 305; 29 DLR (SC) 39, 41 and 31 DLR (AD) 305; District Council Vs. Dr. M.K. Rahman, 33 DLR 438. Lawyers Involved: T. H.......transferring him from his post of Accountant, Works Programme to the post of Assistant Accountant, under District Board, Mymensingh was without jurisdiction, ultra vires and against the principles of natural justice; (2) that the proceedings instituted against him by Memo dated 03.06.1974 under th..

Category: Employment/Service Law | Date: | Hits: 120

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ....................................Petitioner Vs. Golam Sarwar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirm......"The defence of alibi having been discarded and the room being kept open and in the absence of any acceptable explanation as to how the Wife died in the room of the husband, the only irresistible and natural conclusion will be that it is the husband alone in the circumstances of the case who is gu..

Category: Criminal Law | Date: | Hits: 97

Kazi Shakhawat Hossain Vs. State, 2011, 40 CLC (HCD)

....o send a copy of the judgment and order along with lower courts records to the tribunal below for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 430. ......te........................................Opposite Party Judgment February 24, 2011 Result: The rule is discharged. Cases Referred to- Jahangir Alam Vs. State, 56 DLR (AD) 200 and 17; Sobhan Munshi Vs. State, 15 MLR (HCD) 37. Lawyers Involved: None Appear- For the Petit......was then staying in the shop beside the Sawmill at Kushtia Bazar. P.W.6 also informant and investigating officer stated that the place of occurrence was beside the sawmill of Kushtia Bazar. So, it is natural that the said P.W. witness the occurrence of recovery of phensidyl as sooner the accused pet..

Category: Criminal Law | Date: | Hits: 104

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

Category: Trust/Waqf Law | Date: | Hits: 124

Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)

.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Abu Ahammad J Delwar Hossain Khan (Md.).....................Appellant Vs. Dhaka Club Limited and another....................Respondents Judgment November 13, 1995. Result: The appea......ique‑ul Huq, the learned Counsel appearing on behalf of the appellant, submits that the order of suspension passed by the disciplinary Committee cannot be maintained, as it offends the principle of natural justice. He submits that the plaintiff was not given the legal and proper opportunity to con..

Category: Others | Date: | Hits: 154

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

....h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ...... Md. Imman Ali J Md. Abu Tariq J Bangladesh Environmental Lawyers Association(BELA)……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others……………………..Respondents Judgment September 9, 2010. ......he purpose of the aforestation, as evidenced from the records submitted by the petitioner, are to protect the newly emerged char lands and also to protect the coastal people from the vulnerability of natural disasters. 9. While the legal position of the said land was such, the impugned lease agre..

Category: Environmental Law | Date: | Hits: 891

Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)

....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......with M. K. Dastidar—For the Opposite Parties. Criminal Revision No. 232 of 1982. Judgment Mohammad Habibur Rahman J.—This Rule was issued calling upon the Deputy Commissioner, Chittagong and the accused opposite parties Abdur Razzaque Dovash, Abdul Hamid Dovash, Abdul Halim Dovash, and ......falsely started a series of civil and criminal and revenue case against them They further alleged that the Investigating Officer did not visit the place of occurrence, did not examine the neighboring natural witnesses and submitted the charge-sheet under the influence of the informant party. The acc..

Category: Criminal Law | Date: | Hits: 93

Ataur Rahman Vs. Secretary, Ministry of Communication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others, 1997, 26 CLC (HCD)

....out lawful authority and is of no legal effect. In the facts and circumstances of the case there will not be any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 331. ......ginal Jurisdiction) Present: Mainur Reza Chowdhury J Md. Iftikhar Rasool J Ataur Rahman……………………………Petitioner Vs. Secretary, Ministry of Communication, Roads and Railway Division, Bangladesh Secretariat, Dhaka and Others………………………………�......g at rest the question of locus standi of the petitioner. In that case it has been held by their Lordships that when an authority over‑steps or commits breach of rule or even breach of principle of natural justice. the aggrieved person can file and maintain a writ petition. In the instant case the..

Category: Civil Law | Date: | Hits: 178

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