Judgment search - Chancery Law Chronicles

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Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ......�….Petitioner Vs. Biresh Ranjan Dhar and others…………………………….Opposite Parties Judgment November 12, 15, 2009. Result: The Rule is discharged. Case Referred to- Radha Nath Mukherjee Vs. Saktipada Mukherjee, (1936) 58. All. Lawyers Involved: Fazlul ...... 1365 B.S. and he took possession of the property of schedule 1 and 2 after the death of said Rahmani Mohan and was growing paddy and was also enjoying the same. The said Rahmani Mohan Das during his life time created 2(two) debutter deeds dated 27th Chaitra 1333 B.S. 1st of Falgun 1351 B.S. especti..

Category: Property Law | Date: | Hits: 102

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ....... This provision is based on the English rule that the child born in wedlock should be treated as the child of the man who was then the husband of the mother; unless it is shown that he had no access to the mother at the time of conception. When a child was born during the wedlock, there is an initi......se at the Thana headquarters, Kendua with said Aminul Islam. Defendant No. 1 tried to bring the plaintiff No. 1 to Panchaghar with the help of his Commander but the plaintiff refused to lead conjugal life with the defendant No. 1. Accordingly, the defendant No. 1 divorced the plaintiff No 1 on 8th F..

Category: Family Law | Date: | Hits: 114

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......ding Limited…………………… Plaintiff Vs. MV Banglar Kakoli ………………………Defendants Judgment May 29, 2007. Result: The suit is dismissed without any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co. Ltd., 4......ch shows that the goods were inspected at Market Weighton UK on 6-9-1999 and the certificate was issued on 21-10-1999. The goods were certified to be in good running condition with ten years economic life. 14. Exhibit 4 (with objection) is the three bills of lading for combined transport issued b..

Category: Limitation Law | Date: | Hits: 174

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......�……….Respondent Judgment March 2, 2008. Result: All the Criminal Appeals are allowed. Fundamental principle of Criminal Jurisprudence is that onus of proving everything essential to establishment of charge against accused lies upon prosecution which must prove charge substantial......letion of the trial found the appellants guilty of the charge under sections 302/34 of the Penal Code and accordingly convicted them there under and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Taka 50,000 in default to suffer rigorous imprisonment for one year more b..

Category: Criminal Law | Date: | Hits: 85

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. ......mption that the legislature does not make mistakes in not adding or inserting any word in any provision of the statute. Even if, the mistake is obvious, the Court cannot correct it as it would amount to legislation which is outside the domain of interpretation; a Court of Law is bound to proceed on ......urrency becomes valueless. But, goods have some intrinsic value to satisfy human needs and that value is independent of human laws and Judgment. Second, under normal circumstances in our everyday life, currency can buy any goods or service which 'goods' may not. Third, 'goods' are perishable o..

Category: Criminal Law | Date: | Hits: 84

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......spot and a person can be killed without any pre‑plan……………..(36) The appellants were members of the unlawful assembly armed with deadly weapons and they came with the condemned prisoner to the place of occurrence with the said weapons in their hands. This evidence is sufficient to hold...... to death by hanging and at the same time convicted the remaining 6 accused persons also under sections 302/34 and section 144 of the Penal Code and sentenced them to suffer rigorous imprisonment for life and in view of this sentence no separate sentence was passed against them under section 144 of ..

Category: Criminal Law | Date: | Hits: 110

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......municated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..

Category: Election Law | Date: | Hits: 300

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......ctions 320, 324, 326 before conviction for the offence of grievous hurt can be passed, one of the injuries defined in section 320, must be strictly proved, and section 320 eighthly is no exception to the general rule of law that a penal statute must be construed strictly……………………........ impairing of the powers of any member or, joint. Sixthly Permanent disfiguration of the head or face. Seventhly Fracture or dislocation of a bone or tooth. Eighthly Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or un..

Category: Criminal Law | Date: | Hits: 91

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..............Respondents Judgment May 27, 2003. Result: These Rules are made absolute. The Special Powers Act, 1974 (Act No. XIV of 1974), section 3(2) Detention without trial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in th......detention within a Metropolitan Area was sought to be questioned on the ground that it went against the provisions of Article 32 of the Constitution which provides that no person shall be deprived of life or personal liberty save in accordance with law, i.e. the law prescribed by the parliament, say..

Category: Criminal Law | Date: | Hits: 114

Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)

....ail bond. 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: 13 MLR (HCD) (2008) 155. ...... Substance Act, 1908 (Act No. VI of 1908); sections 3 & 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a nature to endanger life or to cause serious injury to person or property, the conviction and sentence under......ct, 1908 (Act No. VI of 1908); sections 3 & 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a nature to endanger life or to cause serious injury to person or property, the conviction and sentence under section 3 o..

Category: Criminal Law | Date: | Hits: 103

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

.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......nt November 20, 1997. Result: The Rule is made absolute. Lawyers Involved: Tariqul Hakim with K M Jabir and AKM Enayet Hossain, Advocates ‑ For Petitioner. Mahbub Ali, Assistant Attorney‑General ‑ For the Respondents. Writ Petition No. 4908 of 1997. Judgment Mahfuzur......n order of warrant of commitment of sentence of imprisonment dated 2‑6‑97 treating the detenu as Abul Hashem son of late Habibur Rahman who was tried in absentia and sentenced to imprisonment for life in Sessions Case No.20 of 1988 by the judgment and order dated 31‑5‑1989. 4. On 11‑6�..

Category: Criminal Law | Date: | Hits: 88

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......…………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD) 79; Billal Vs. State, 52 DLR (AD) 143; Vola Vs. State, 55...... on the following morning there appears no involvement of the accused with the deceased. So, there appears the break of chain of the circumstances. The accused in normal course of his business of life was staying in the house of his father-in-law. Had the murder been committed by him or at his i..

Category: Criminal Law | Date: | Hits: 147

Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)

....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......ndants/Petitioners Vs. Shanty Mary Cruez and others...............................Plaintiffs/Opposite Parties Judgment May 3, 2008. Result: The Rule is discharged. Cases Referred to- Md. Insan Ali Vs. Mir Abdus Salam, 1988 BLD (AD) 77; Abdur Rashid and another Vs. Abdul Barik......roperties allotted to them through process of Court since the year 2000. 24. From statement contained in Civil Revision and Counter Affidavit and papers and documents annexed the following true-to-life matters pre-eminently emerged: i. Eighteenth and Nineteenth Defendants Rahimullah Chowdhury ..

Category: Procedural Law | Date: | Hits: 120

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. ...... by the Cabinet Secretary and Chairman Superior Selection Board and others…………………Respondents Judgment February 18, 2008. Result: The Rule is made absolute. Cases Referred to- Dr. Shadin Malik Vs. Government of Bangladesh, Writ petition No.11736 of 2006; Masder Hossain......ndent No.5 not being an Officer belonging to the judicial service, he is not eligible for the post of Secretary, Ministry of law, and that the respondent No.5 Kazi Habibul Awal entered in his service life, in the judicial service as a Munsiff, in the year 1981 and that it appears, from the appointme..

Category: Constitutional Law | Date: | Hits: 361

Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ...... Shafiqul Islam (Md.)…………………………Appellant Vs. State……………………….Respondent Judgment June 25, 1998. Result: The appeal is allowed. Case Referred to- Nazrul Islam Vs. State, 50 DLR 103. Lawyers Involved: Abdus Sobhan Tarafder, Advocate ......was compelled to keep her in judicial custody till completion of the trial. But her infatuation or love for the appellant did not subside. Due to the spread of education, change of traditional way of life and living, economic changes, slackening of the purdah system girls and ladies are no longer co..

Category: Criminal Law | Date: | Hits: 89

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......�……………………Appellants Vs. The State………………………………………..Respondent Judgment April 23, 2005. Result: The appeal is allowed. Cases Referred to- Asadur Rahman @ Asad and others Vs. State, 15 B.L.D. 290; Nawabul Alam and others Vs. State, ...... by the learned Sessions Judge, Pirojpur in Session Case No.18 of 1987 convicting the appellant Nos.1-3 under section 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka 5000/- in default to suffer rigorous imprisonment for one year..

Category: Criminal Law | Date: | Hits: 78

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......�Defendant-Appellants Vs. Agrani Bank & others………………………Plaintiff-Respodents Judgment August 23, 2010. Result: The appeal is dismissed. Cases Referred to- Woodbrair Estate Ltd. Vs. Catholic Bank of India ltd., AIR 1958 Ker 316 (DB); Baker Vs. Barch...... and Tk. 4,50,000 was withdrawn on the same day by one cheque. D.W.1 said never before such a big amount was withdrawn from the account. Tk. 80,000 was the highest amount to be withdrawn in the whole lifetime of the account. The cheques of unusually bigger amounts were presented in quick succession ..

Category: Business or Commercial Law | Date: | Hits: 548

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......ate Judge 2nd Court, Pirojpur, in Title Suit No.17 of 1998. 2. The facts as set out in the plaint, in short, are that 4.76 acre of land described in 'Ka' schedule of the plaint originally belonged to one Rajkamol Shill and Brindabon Shill in equal shares. Rajkamol Shill died leaving two sons, Lal...... she took out of plot Nos.353, 355, 356 and 359 by family arrangement as described in schedule Kha of the plaint. Kumudini Shill inherited the land from her late husband and thus she held the same in life interest. The plaintiff is the grandson of the brother of Lalit Kumar and happens to be the nea..

Category: Property Law | Date: | Hits: 107

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....fan be 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) 516. ......011. Result: The Death Reference is rejected and the Jail Appeals and Criminal Appeals are allowed and the impugned judgment and order of conviction and sentence is set aside. Cases Referred to- Gupal Rajgor and others Vs. The State, 9 B.L.D. (1989) 358; Jaibar Ali Fakir Vs. The State, 2...... each and convicted the other appellants, Golzar Hossain, Kabir Ahmed @ Tufan and another Ahmed Ali @ Tiger (absconding) under sections 302/34 of the Penal Code and sentenced them to imprisonment for life and to pay a fine of Tk.20,000/- each, in default, to suffer further rigorous imprisonment for ..

Category: Criminal Law | Date: | Hits: 98

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. ......titioners Vs. Yonus Meah & Others. ..............................................Opposite Parties Judgment February 6, 1984. Result: The Rule is made absolute. Cases Referred to- Md. Mostafa Mondal Vs. The State, 35 DLR 362; East End Dwelling Co. Ltd Vs. Finsbury Borough ......ses of the Code subject to the only limitation that his sentencing power does not extend to the imposition of the sentence of death but extend only to the imposition of sentence of transportation for life and he is competent to hear revisional application under section 439 A (3) Cr.P.C. and appeals ..

Category: Procedural Law | Date: | Hits: 116

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