Search Options
Judgment Advanced Search
Displaying 361-380 of 5707 results.
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....on noticed that the plaintiffs-petitioners stated the date of death of Mr. Md. Lutfor Rahman to be in the middle of the year 2004 and that the certificate issued by the General Secretary of the Bar Association (Annexure-A to the supplementary affidavit) showed that the said Advocate died on 29.......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......ty Nos.1-7 preferred Title Appeal No.115 of 1992 before the learned District Judge, Magura and the learned Joint District Judge allowed the appeal on setting aside the judgment and decree of the trial Court by the judgment and decree dated 31.5.1992. Feeling aggrieved by the judgment and d......lam & others…………Respondents Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....d. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amount of money to another pers......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ...... against the accused-petitioner under the said section of the Act, 1881. The accused petitioner surrendered before the Chief Metropolitan Magistrate, Dhaka and obtained bail. The case being ready for trial, the record of the case was transmitted to the Metropolitan Sessions Judge, Dhaka who took cog...... Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another…………………….............Respondents ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
....tute any criminal offence, or the conviction has been based on ‘no evidence’ or otherwise to secure ends of justice..........(14) Proper use of section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the corr...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......e bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of proceeding even after the conclusion of trial, if it is necessary to prevent the abuse of the court or otherwise to secure the ends of justi......f justice..........(14) Proper use of section 561A Care should be taken so that the jurisdiction under section 561A can not be invoked for the purpose of examining the correctness, legality and propriety of any finding, sentence and order passed by the criminal courts……&helli..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....roceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including respondent Nos.1-3 alleging inter alia, that she was a girl of 12 years and was a stu......f his enquiry submitted a report on 3.10.2004, upon which the learned Judge of the Tribunal took cognizance of offences under section 7/9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter called “the Ain”) against respondent No.1 Kabir Hossain and also took cognizance of the offences......by his order dated 26.9.2007 under the said sections of the Ain and discharged co-accused Riaz Uddin as there was nothing specifically mentioned against him in the petition of complaint. In course of trial, the prosecution examined two witnesses and filed an application for adjournment on 7.7.2008 i......t High Court Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J Farzana Akter (Kakoli).......................Appellant Vs. Md. Kabir Hossain and others...........Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam M..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....respondent No.1. Mominuddin-For the respondent No.1. Criminal Appeal No. 6821 of 2009. Judgment Shahidul Islam J. - This appeal has been preferred by convict appellant Md. Majedur Rahman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinaj......ross-examination by the prosecution he added that he had no relationship with the accused and his daughter is a teacher of the school. The P.W.12 further added in his examination-in-chief that he was called for by the other members of the Managing Committee and a written paper was taken from the acc...... 4. That case was transmitted to the Nari-O-Shishu Nirjatan Daman Tribunal, Dinajpur and was registered as Nari-O-Shishu Case No.276 of 2006. 5. The accused appellant was granted bail and he faced trial. The Tribunal framed charge against the accused appellant under section 10 of the Nari-O-Shish......me Court High Court Division (Criminal Appellate Jurisdiction) Present: Shahidul Islam J Md. Majedur Rahman………………………………...........Appellant Vs. The State and another ..................................Respondents Judgment June 6, 2011. Cases Refe..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....াকচারসহ। 4. In the suit defendant No.1, defendant Nos.4 to 8 and defendant Nos.9 and 10 contested by filing 3 separate written statements. In the appeal, Mohammad Iqbal, son of late Mohammad Ismail, Md. Shawkat Ali Chowdhury, son of late Alhaj-Mohammad Ali Chowdhury, H...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......eal (CPLA) No.40 of 1974 which was dismissed on 12-6-1974 where it has been held that 'It occurs to us that there is no force in the contention that the High Court Division did not notice that the trial Court while allowing the plaintiff prayer did not assign by reason. Of course, the trial Cour......………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....the petitioner submitted an EOI on 28.10.2009 containing necessary information and particulars about the petitioner-company, signed by the General Manager, BGP (Bangladesh) International. It has also been contended that EOI, in fact, was submitted by the petitioner-Company, “BGP Inc., China Na......o.6. Writ Petition No.2005 of 2011. Judgment Farah Mahbub J. - In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. I......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......ision (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....s, which have fallen due. Moreover, High Court Division has to condone the delay in holding AGMs as a matter of course as ex debito justitiae (a remedy which the applicant gets as of right) and no reason for condoning the same needs to be assigned. .............. (50) Court has power to pass co...... pass consequential or incidental orders, which is deemed expedient for calling, holding and conducting meeting in the event the Court directs to call, hold and conduct the meeting which could not be called in any prescribed manner or which could not be conducted in the manner prescribed in the Arti......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
....sing out of Kushtia Police Station Case No.17 dated 29.1.1991 corresponding to D.A.B. G.R. No.2 of 1991(Kushtia) convicting him under Section 409 of the Penal Code and sentencing him to rigorous imprisonment for four years and to pay a fine of Tk.5,000/-, in default, to suffer simple imprisonme...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ......tia after investigation submitted charge sheet against the accused Sk. Nurul Islam and another under Sections 409/420/109 of the Penal Code read with Section 5(2) of the Act II of 1947 to stand their trial. 3. Charge under Sections 409/420/109 of the Penal Code read with Section 5(2) of the Act......al Hossain Ahmed J Md. Emdadul Haque Azad J Sk. Nurul Islam..........................Appellant Vs. The State...................................Respondent Judgment May 4 and 19, 2011. Result: The appeal is allowed. Cases Referred to- Abdul Awal..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....f loan as it was offered to him like other borrowers by the government. Since the loan amount could not be realized, the bank was bound to file this case against the defendant and prayed for a decree so that the plaintiff bank can realize the loan amount after selling the mortgaged property. It has ......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......efendant had to incur a loss of Tk. 36, 14,000/- which the plaintiff was entitled to get back. Thereafter, on the basis of an application filed by the defendant on 21.04.1999 the learned Judge of the trial court issued a show cause notice to the plaintiff bank to show cause as to why the shop of the...... (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Manager, Rupali Bank Ltd..........................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result T..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: The Rule is made absolute. The service of a government servant comes to an end when his resignation is accepted b...... Writ Petition No. 4717 of 2010 Judgment Farah Mahbub J. - In this Rule under Article 102 of the Constitution of the People’s Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned order dated 22.07.2008 passed by the respondents r...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
....ay on setting aside the judgment and decree dated 24.4.2004 passed by the learned Senior Assistant Judge Shailakupa, Jhinaidaha. 2. At the out set it is mentioned that it is now become fashion for some lawyers not to attend the Court after obtaining rule and order of stay. Although this matter ap....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......s mentioned of a road and defendant No.4 also admitted there is a road and plaintiffs has no other road. On consideration of this fact, learned District Judge, Jhinaidaha reversed the findings of the trial Court. 8. I have already mentioned that learned Advocate for the petitioners did not appear......rds at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....ip;…Petitioner Vs. State………………………Opposite party Judgment May 15, 2011. Result: The Rule is made absolute. Case Referred to- Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430. L......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......m Khan, appearing for the Bureau, now Anti-Corruption Commission (ACC), with leave of the Court, submits that the grounds taken in this case are all questions of fact to be decided at the time of the trial and the impugned proceeding should not be interfered with on these grounds or at this stage. H......f Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku) Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - For the State. Khurshid Alam Khan, advoca..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....s contested the petition claiming that the writ petitioners constructed the buildings by encroaching the land of Military Estate Department which it had exchanged with the Government and became the absolute owner. The writ petitioners violating the layout plan of the RAJUK made constructions on the ......of land is acquired in accordance with law the owner is deprived of his right. A citizen holds his property subject always to the right of the sovereign to take it for a public purpose. This right is called eminent domain. The right of eminent domain is the right of the sovereign State through its r...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......ppellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman, Rajdhani ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....ellip;………………………………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Mofazz...... stated that while the Salish was held the victim was carrying 8 months pregnancy. P.W. 6 Nittanandon also stated that she was carrying 8 months pregnancy at the time of Salish. P.W.7 Hafiz Uddin, so-called Salishder and Member of the Union Parishad stated in his examination–in-chief that at t...... the Nari-0-shishu Nirjaton Domon Ain, 2000 arising out of Keranigonj P.S. Case No.17 dated 16.5.2000. The petitioner after suffering in hajot for a considerable period obtained bail and he faced the trial but on the day of pronouncement of judgment he remained absent as a result the judgment was pa......lip;…………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Mofazzal Hossain Mollah and others Vs. The State, 45 DLR (AD) 175; Abdul..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....haka and others, (popularly known as the 5th Amendment Judgment) (2010) BLD, Special Edition-2; Dr. Mohiuddin Farooq Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, (1997) 49 DLR (AD) 01.
Lawyers Involved:
Muhammad Na......udges of the High Court Division, on noticing the news item on Shahida, issued a suo moto Rule upon the concerned officials with a direction to produce Haji Azizul Huq, who pronounced the impugned so called fatwa that her marriage was dissolved, just because her husband, in a momentary fit of anger,......ultery and punished, under Bangladesh law, adultery is an offence under section 497 of the Penal Code, but it does not envisage that a woman may be an accused or subject to any penalty.
218. The trial of any offence and the imposition of penalties may only be given by established courts and tri......p;………Appellant (In Civil Appeal No.594 of 2001)
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others…………………..Respondents (In both the appeals..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... Nazrul Islam Talukder J Shahnaj Begum Munni..........Petitioner Vs. The State and another .....................Opposite parties Judgment May 12, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Mr. Rezaul Karim, Advocates - For the Pe......of the Act, the account has to be maintained by the drawer of the cheque. The expression 'Drawer' is defined in Section 7 of the Act. As per that Section, the maker of a bill of exchange or cheque is called the Drawer. 9. Coming back to the instant case, the account no. 026112011913 with Al-Arafa...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni..........Petitioner Vs. The State and another .....................Opposite parties Judgment May 12, 2011. Result: The Rul..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....lip;…Petitioner Vs. State……………………….Opposite party Judgment May 11, 2011. Result: The Rule is made absolute. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 19....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ...... Special Judge, Dhaka and the said Court having taken cognizance the Special Tribunal Case No.4 of 2008 has been registered. 5. The case was then transferred to the Special Court No.7, Dhaka for trial. The accused-petitioner, in the course of trial, filed an application before the Special Judge......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocates - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Nazneen (Rosy), Assistant Attorney General - For the Opposite Party No.1 (State). Md...Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....Bank, Sherpur Town Branch on 23.03.1987. The defendant applied to the bank for granting loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the sche......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......s it was an outstanding dues of the bank to the defendant, till filing of the suit that is, till 31.12.1995. Accordingly, the appeal is allowed with the above modification of the judgment of the trial court. The respondent is hereby directed to pay the said amount of money by 12 equal mont...... Not represented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14 of 1996 passed by the Subordinate Judge,..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....াদীগনের নিকট রক্ষিত আছে।“ 4. The case, made out in the plaint is as under: — (a) The defendant No.1 being a public limited company sold 30347 shares to Ispahani Limited and the plaintiff being a housewife purchased 30347 share......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......st he submitted that the suit is not maintainable without any prayer for consequential relief. Taking us through the plaint's statement and prayer portion of the plaint he submitted that the trial Court has granted relief to the plaintiff, beyond the pleadings. He submitted that the suit is......Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Syed Moazzem Hossain (Md.)..........................Appellant Vs. Tahsia Khanam and others……..........................Respondents Judgment May 8, 2011. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
69475435881651634950855685468818784449578562852673295422516188675844752749768827