Search Options
Judgment Advanced Search
Displaying 3961-3980 of 7038 results.
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
.... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ...... 1, 16 MLR (AD) (2011) 261. ......dated 15.4.75, which is a permanent record and is kept under double lock, was not called for and accordingly the High Court Division rightly refused to rely on the photocopies of the same as the best evidence was withheld; further the execution of the Deed No.21065 dated 21.4.75 was proved by Faru..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....t and other materials on record we have found that the allegation lodged against the petitioner discloses a prima facie case under Section 2 (ঠ) (অ) (আ) and 13 of the Ain of 2002. 16. In the facts and circumstances of the case, it appears that the Ain of 2009 was given retrospective effect ...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Tarique Rahman................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judg......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... 9. After the close of recording evidence of the prosecution witnesses, accused Fazilutennessa was examined under section 342 of the Cr.P.C. during which she repeated innocence. 10. Considering facts, circumstances and evidence on record, the learned Additional District Judge found both the ac...... Court Division (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J SM Hossain J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. Cases Referred to...... of the deceased and sent the dead body to morgue for post-mortem examination. The Investigating Officer prepared the sketch map of the place of occurrence with separate index thereof, recorded the evidence of witnesses under section 161 of the Cr.P.C., got the confessional statement of accused Fa..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....ilure to appear when the Rule was taken up for hearing, if the matter is heard again in presence of the learned Advocate for the applicant, he has a good chance of success in the case as the relevant facts could not be placed when the Rule was heard ex parte. 3. A supplementary affidavit has also......3. ......ecree dated 28‑11‑93 passed in Title Appeal No. 62 of 1991 by the learned Additional District Judge, Madaripur who mostly relied upon the application filed by said Mosarnmat Rahima Khatun and the evidence of Md. Habibur Rahman Mollah. Said Rahima Khatun was not examined in Court for which she co..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....f consideration in part and the possession of the petitioner in the holding No. 28, Hatkhola Road, made the affidavit-in-opposition sworn on behalf of the respondent No. 2, does not deny any of those facts in his submissions. He neither disputes the legality of the agreement nor the possession of th......iction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to- Buxly ......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....the registration of the trade mark of the appellant offended the provisions of section 8(a) and 10 (1) of the Act. The learned Advocate further submits that the Registrar ought to have considered the facts that the trade mark No. 2612 in Class 34 of the respondent No.2 is completely different from t...... Civil Appellate Jurisdiction) Present: Syed Amirul Islam J SAM Mominur Rahman J Virginia Tobacco Company (BD) Ltd. ………………………Appellant Vs. Registrar of Trade Marks and another………………….Respondents Judgment January 18, 2000. Lawyers involved: ......1 for re-adjudication of the matter afresh in the light of the observations made above after giving an opportunity of being heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported i..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....s. Farida Yeasmin along with Syed Ziaul Hasan appeared for the opposite party No. 1. 9. The learned Advocate Mr. Md. Abu Bakar Siddique submits that though the petitioner divorced his wife but the facts remains that the marriage was solemnised by force by the villagers during the period of pregna......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Jashimuddin (Md.) alias Md. Jashimuddin………..Defendant-Petitioner Vs. Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15...... She further stated that the trial Court while conducting the suit has seen the father and the child and found the similarity of their appearance. She further submits that the plaintiff stated in her evidence that she had been with her husband for few days after marriage. In cross-examination she de..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....no legal evidence either direct or circumstantial to prove that the accused has assaulted the victim for dowry for which she has succumbed to the injuries. The learned Deputy Attorney-General, in the facts of the given case, finds it difficult to support the charge levelled against the condemned pri...... Vs. Billal Hossain Gazi ……………..Respondent Judgment April 13, 2004. Lawyers involved: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-General and Fara Mahmuda Assistant Attorney-General-For the State. Md. Abdul Haque, Advocate-State Defenc......ry. She stated that on hearing about the incident she went to the place of occurrence and saw the dead body of the victim. This witness does not corroborate the testimony of PW1 and she makes hearsay evidence. PW12 also does not support the prosecution case. She has been declared hostile by the pros..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
..... 51 of 1998 convicting accused-appellant Md. Masud Mia under section 6(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1998 victim Mst. Ar...... Masud Mia (Md.) ……………………Appellant Vs. State ………………………………………Respondent Judgment December 7, 2003. Case Referred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with Khandaker Diliru......appellant Md. Masud Mia preferred the appeal before this Court. 7. Mr. AFM Mesbahuddin, the learned Advocate appearing for the appellant, submits that regard being had to the fact that the medical evidence does not support the story of rape and the circumstantial evidence brought on record does n..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed without due process of law. 2. The facts giving rise to the application succinctly are that the petitioner is one of the biggest indust......abul (Md.)…………………Petitioner Vs. State………….……………………………………Respondents Judgment April 4, 2004. Cases Referred To- Bangladesh Legal Aid and Services Ltd (Blast) Vs. Bangladesh, 55 DLR 363; Devendra Dutt and others Vs. State and others, ......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....le. 16. But in the absence of any material on record the appellate Court held that such tenancy was not transferable, which must be held to be based on conjecture and speculation. A final Court of facts has got no jurisdiction to decide a fact upon any sort of speculation or conjecture. Such find......t High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rashid J SAB Mahmudul Huq J Hasna Banu……………………………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- ......d judgment and decree. 10. Mr. Md. Haroon‑ar Rashid, learned Advocate for the petitioner, submits that the plaintiff proved her title and possession in the suit land by both oral and documentary evidence while the defendant failed to prove that the suit land vested in the government and the tri..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....ার্থনা মঞ্জুর" No counter-affidavit has been filed by the State controverting the statements made in the petitions. Learned Additional Attorney-General has not disputed the facts stated in the petitions. 6. Mrs. Tania Amir, appearing on behalf of the detenus, contends t...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August 4, 2003. C......e. When the suspect is brought to the police station, the custody officer has to decide whether the suspect should be released without charge, charged or (if it is thought necessary to obtain further evidence by questioning) detained for questioning. That detention may be for up to six hours in the ..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......t Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Mahbubur Rahman…………………………………Petitioner Vs. Syed Mostofa Jaman and others………….Opposite Party Judgment December 2, 2002. Case Referred ......said date the petitioner prayed for adjournment but the tribunal rejected the prayer and fixed 11‑3‑1999 for argument. On 11‑3‑1999 the petitioner again filed an application for adducing oral evidence which was allowed and the petitioner filed an application for re‑counting of ballot paper..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......ddin to the effect when his daughter Shewly Khatun, aged 14 years, went to bamboo bush to make the goat drink water when accused Harun came, took her to a nearby sugarcane field by pressing her mouth and raped her against her will. Upon such information above PS case was started under section 9(1) o......ers were Nos. 9‑14 dated 28‑4‑2003, 11‑5‑2003, 26‑5‑2003, 27‑5-2003, 28‑8‑2003 and 29‑6‑2003. 15. On perusal of the copy of order sheet it appears that first date for evidence for the case was fixed on 28‑4‑2003 vide order dated 28‑1‑2003 before the receipt o..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....d, Metropolitan Magistrate, First Class, Khulna who recorded judicial confessional statement of Noor Ala (approver PW6), PW36 Md. Hashern Ali Molla, father of Fatik, who in his evidence disclosed the facts of two telephone calls and departure of Fatik with Abdus Sabur and also, demand of Taka 5,00,0......ion (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- ......iled disclosure of offence committed by condemned prisoners and convict appellant and accredited parts performed by condemned prisoners and convict‑appellants in murdering Fatik and in removing the evidence of crime. 7. Prosecution to bring home the culpability of condemned prisoners and convic..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
.... to 4 against an order dated 15-1‑2002 of Joint District Judge (in-Charge) and Artha Rin Adalat No.2 in Dhaka in Title Suit No. 95 of 1997, appointing a receiver of the suit property. 2. Short facts for disposal of the appeal is that respondent Nos. 1 to 4 as plaintiffs instituted the suit ag...... This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....show cause as to why the proceeding of CR No. 5149 of 1999 under sections 406/420 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2 as complainant filed ......preme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Nizam Khan (Md)…….............Petitioner Vs. State and another...............Opposite Parties Judgment November 17, 2003. Cases Referred to- ......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....t No. 146 of 2000 rejecting an application for return of the plaint should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts, necessary for the Purpose of this Rule is that the opposite parties as plaintiffs instituted ...... Case is also Reported in: 56 DLR (HCD) (2004) 297. ......er hearing of the said application the learned Assistant Judge passed the impugned order rejecting the same holding, inter alia, that the said application was tiled at a belated stage since recording evidence on behalf of the plaintiff has been closed. 6. The said order No.30 dated 7‑8‑20..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....tion case. The proposition of law propounded in Nurul Islam and others Vs. State, 43 DLR (AD) 6 and Masum and others Vs State, 49 DLR 349 are not in dispute but those are not at all applicable in the facts and circumstances of the case in our hand and accused-appellant side cannot derive any benefit......R (AD) 18; State Vs. Abul Kalam, 5 BLC 230; Kellehar Vs. The Crown (1974) 131 CLR 534; Krishan Lal Vs. State of Haryana, AIR 1980 SC 1252; State of HP Vs. Raghubir Singh (1993) 2 SCC 622; Nurul Islam and others Vs. State, 43 DLR (AD) 6 and Masum and others Vs. State, 49 DLR 349. Lawyers Involved:......dopted by accused-appellant and other accused persons was innocence and false implication. 9. PW1 Prosecutrix Ratna Rani Achariya is Informant. She had blown wide open the prosecution case. In her evidence, she stated that occurrence took place on 10‑10‑1991 at 10.00 pm. Her father before de..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....and by PW 13 Mofazzal to involve accused appellant Abu Talukder in the alleged offence appears to be fatal to the prosecution insofar as it relates to the Conviction of appellant Abu Talukder. In the facts and circumstances and the evidence on record, I thus find it difficult to maintain the order o......ssions Judge, Jhalakati in Sessions Case No.20 of 1990 (arising out of GR Case No. 17 of 1987) convicting the accused appellant under sections 302/34 of the Penal Code to suffer imprisonment for life and to pay a fine of Taka 3000.00, in default, to suffer RI for a further period of six months while......anu is the informant of the case and she is the wife of deceased Mobfer. She is an eye-witness of the occurrence and she fully supported the prosecution case as made out in the FIR. She stated in her evidence that due to an altercation over a duck at about 5-00 PM on 27th of Asar, accused Asar, Alam..Category: Criminal Law | Date: | Hits: 52
45664564456345624561456045594558455745564555455445534552455145504549454845474546