Search Options
Judgment Advanced Search
Displaying 4081-4100 of 7133 results.
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....to cancel sanction the authority must bring to bear an unbiased mind, consider impartially the objections raised by the aggrieved party and decide the matter consistent with the principles of natural justice. 86. In the light of above principles, if we consider the show cause notice dated 08-04-9......and around the old Tejgaon Airport. They also requested RAJUK to cancel the sanction if any, for construction of a building beyond the permissible height under the said rules. 16. The respondent 3 accordingly sent a letter with a copy of the above letter addressed by the Air Head Quarter to the R......ents. Judgment May 2, 2000. Cases Referred To- Abdus Sattar Vs. Bangladesh and others, 48 DLR (AD) 180; State of UP Vs. Maharaja Dharmander Prasad Singh, (1989) 2 SCC 505; Munnich Vs. Godstone RDC, (1996) 1 WLR 427, at p. 435. Lawers Involved: M Amir ul Islam with A Hasib, Tania A...... by demolition beyond 6th floor within ten days and failing which, in warming to demolish the ‘Rangs Bhaban’ at the costs of the petitioners should not be declared to have been passed without any lawful authority and as such of no legal effect. 2. In the writ petition, it is stated, inter ali..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....itted that if anyone goes through the newspaper report and believes such report, he may not require anything else to hang the person named in such report. But in the trial of a case in order to reach justice, the Court will need legal evidence. The presiding Judge of the said Adalat fell in serious ......nder section 342 of the Code of Criminal Procedure and they pleaded not guilty. 26. Upon the aforesaid evidence the Adalat found both accused were guilty under sections 10(1) and 14 of the Ain and accordingly, it convicted and sentenced them as stated hereinbefore. 27. Mr. Khorshid Alam Khan a......hid Alam Khan with Rezbaul Kabir, Md. Zulfiqur Matin and Md. Asaduzzaman, Advocates‑For the Condemned Prisoners. Idrisur Rahman with Shahid Ullah, Advocates‑For the BLAST. Sk Awal, Deputy Attorney‑General with Saifuddin Md. Aminur Rahim, Advocate‑For the State. Death Reference No. 4......alikaccha, PS Sarail. When he wanted to know the motive and the names of assailants in presence of witnesses the victim told that on the date of occurrence at about 11‑00 AM first her mother‑in‑law poured acid on her body while she was asleep and then set fire with a match stick. Her husband w..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......Ali. Thus it appears the accused has not denied the execution and registration of the forged deed in question. 5. The Magistrate on consideration of evidence on record found the accused guilty and accordingly, convicted and sentenced them as aforesaid. 6. Being aggrieved, the accused persons p......nd another, 48 DLR 286; Sona Mia Vs. The State, 42 DLR 8. Lawyers Involved: Mansur Habib, Advocate, with Shahana Begum, Advocate‑For the Convicts-Petitioners. FKM Ahsan Mahbub, Assistant Attorney‑General- For the State. Criminal Revision No. 81 of 1989. Judgment Khademul Islam ......forged deed. PW 2 Sufia Khatun also deposed to state about forgery and how it came to light. PW 3 the husband of PW 2 produced the Heba deed (Ext. 1) dated 17-9‑1974 executed by his father‑in‑law Meser Ali in favour of his wife and wife's sisters and Kabala Ext. 10 dated 20‑2‑1970 execut..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
.... which a person is invested with the legal authority to take decision affecting individual rights or liberties of the citizen, he is required to act judicially and observe the principles of natural justice. It does not seem to be in consonance with justice or equity nor does there appear to be any...... Anderson that every imprisonment without trial and conviction is prima facie unlawful and the onus is upon the detaining authority to justify the detention by establishing the legality of its action according to the principles of English law has been adopted in the legal system of this Subcontinent...... Rahman Chowdhury J Mrs. Aruna Sen……….....Petitioner. Vs. 1. Govt. of the People's Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy Commissioner, Dacca. 4. Depu......er making all enquiries from the local police and also from the authority of the Dacca Central Jail issued a statement in the Newspapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges aga..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......he shares are unequal there is a greater reduction in the greater share, and a lesser reduction in the lesser share. In this case Wazuddin alone allegedly gifted .55 acre of land out of his share and accordingly, it is section 44, not section 47 as contended by Mr. Mahmudul Islam, which is applicabl......nha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 acres originally belong to Imam Bux in Raiyati right, who died leaving behind a widow Pathani Bibi, a son Sayed Ali and two ...... sale was not set aside rather confirmed. This statement is not in our view is sufficient to meet the positive claim of the plaintiffs on the point of setting aside the auction sale. According to the law of pleadings, the defendant is bound to deal specifically each allegations of fact, the truth of..Category: Property Law | Date: | Hits: 127
....os. 6 and 7 in the writ petition who are now the review petitioners. Hence it cannot be said that the judgment and order dated 25-7-2001 passed in the writ petition is hit by the principle of natural justice. It is further contended by the respondent No.1 ie the writ petitioner, that in fact, the re....... Mojibur Rahman Mia Vs. Jamini Mosahar and others reported in 7 DLR 82 may be referred to in this connection. Since we have already held that there is a good ground for review in this case the order according registration to the society of the writ petitioner is accordingly set aside.
17. In vie......A Bari and others …………………....Petitioners
Vs.
Uttara Sarkari Officers Quarter Kallayan Samity and others ...............Respondents
Judgment
March 1, 2003.
Cases Referred to-
Zobaida Naher @ Jharna Vs. Khairunnessa, 3 BLC (AD) 170; Nurul Husain (Md.) Vs. Government of......by the respondent No. 1 in its affidavit-in-opposition that since the samity formed earlier in point of time dose not have the adequate number of members it is not entitled to be registered under the law; secondly; since the relief sought for in the writ petition could only be granted by the Ministr..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......section (3) incubates is a sui generis contract, but sui generis only to the extent that it dispenses with the requirement of quid pro quo only; it does not erase other ingredients of a contract and, accordingly, to be a contract even under the exception ordained by sub‑section (3), there has to b......uit was partially decreed against him, he did not lodge any appeal. Nor did any one appear on his behalf during the hearing of this appeal. 3. It has been alleged in the plaint that the defendant stood guarantor for the repayment of a loan for Taka 15,000 (fifteen thousand) the plaintiff granted ......ssion, making a tirade effort to sway us to accept that in any event the said section of the Contract Act has the effect of reviving the right to recover a debt which right had been mortalised by the law of limitation. Mr. Hasnat further submitted that the law of limitation is not meant to facilitat..Category: Banking Law | Date: | Hits: 215
Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......ন বরাবরে ১৫.২.২০০৯ তারিখে নিম্মলিখিত Rule Nisi জারী করেনঃ ”Let the Rule Nisi be issued calling upon the respondent to shoew cause as to why the insertion of the word “চিকিrসা প্রতিষ্ঠ......further order or order as to this Court may seem fit and proper. The Rule Nisi is made returnable within 2 (two) weeks from date. The matter is fixed for hearing on 9.3.2009 Spirit of the law Requisites to be put in at once.” ৪. ৪ নং প্রতিবাদী পক..Category: Health Law | Date: | Hits: 391
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....ation thereof, Proceedings for Contempt are initiated for the purpose of protecting the image and dignity of the court itself. The purpose of Proceedings in Contempt of Court is to keep the stream of justice unsullied and to maintain the confidence of public at large in the fair and impartial admini...... No. 5 of the writ petition (present petitioner) was found guilty of contempt of court and sentenced to pay a fine of Taka 2,000 in default, to suffer simple imprisonment for 15 days and the Rule was accordingly made absolute. Thereafter, the present review petition has been filed by respondent No. ......……………….Respondents Judgment March 16, 2003. Lawyers Involved: Mahbubur Rahman, Advocate‑For the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of th......2. Mr. Mahbubur Rahman, the learned Advocate appearing on behalf of the petitioner of the review petition submitted that the petitioner was not properly guided and aided in the matter by his previous lawyer who could not fully understand and appreciate the facts and did not give proper advice as to ..Category: Others | Date: | Hits: 118
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
....ticle 183 of the Limitation Act were not applicable in the instant case. According to him, the learned Judge committed an error of law by rejecting the compromise petition which occasioned failure of justice. 4. The learned Judge, as far as we could decipher, appears to have rejected the compromi......s, impugned order dated 4‑2‑2002 rejected the compromise petition because of the non-mention of the total number of installments under which the balance decretal amount was to be satisfied which, according to him, offended the provisions of section 48 of the Code of Civil Procedure and article 1...... Revision No. 1396 of 2002. Judgment Sheikh Rezowan J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 4‑2‑2002 passed by the learned Joint District J......g to him, offended the provisions of section 48 of the Code of Civil Procedure and article 183 of schedule 1 of the Limitation Act without, however, any elucidation by him how those two provisions of law would be offended, if the compromise was recorded by him. 3. Being aggrieved by the impugned ..Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......he petitioner in the presence of the Registrar of this Hon'ble Court and the Counsel, Mr. Asrarul Hussain, Barrister-at-Law of the petitioner. (f) That the respondent No.1 and 2 shall pass an award accordingly and also de-requisition and requisition the lands as aforesaid within two weeks from tod......19 DLR 237. Lawyers Involved: MA Samad with MGH Ruhullah, Advocates‑ For the Appellants. Mahbubey Alam with Md. Harun-or-Rashid, Advocates-For Respondent No. 3. Nihilesh Datta, Deputy Attorney‑General with Md. Tafique Hossain and Md. Jainul Abedin, Advocate-For the Government-Respond......inflated. The claimant is not entitled to get the excess. The further case of the Government is that the assessment made by the Collector was just, proper and was in consonance with the principles of law laid down for such assessment. The crop compensation demanded was severe and recurring compens..Category: Property Law | Date: | Hits: 95
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......se with the complainant and as a result, she got pregnant by the accused petitioner No.1. But later on, the accused petitioner refused to marry her. There was salish on the mater. The petitioner No.1 according to decision of salish married the complainant on 13-5-93 and when the child in the womb gr......d Ahammed J Md. Ali Asgar Khan J A Rouf and others………………………………..Petitioner Vs. State and another ……………………………….Respondents Judgment October 25, 1999. Cases Referred To- Yusuf A Hassan Vs. Kh Rezaul Firdous, 48 DLR (AD) 53; 35 DL......ng for the opposite party State. According to the Counsel of the petitioner, the Sessions Judge cannot, direct the Magistrate for taking cognizance, at best he can direct for trial in accordance with law. In support of his submission, the learned Counsel Sheikh A Awal cites a decision in the case of..Category: Criminal Law | Date: | Hits: 43
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....esent before the Court of learned Additional District Magistrate due to ignorance of the date fixed by the learned Additional District Magistrate and as such she has been deprived from getting proper justice. The critical scrutiny of the LC record indicates that the case was filed on 19-12-78 before......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......xamined on SA by the Sub Divisional Magistrate and issued process against the accused appellants at SI. No.1-14 under section 467 of the Penal Code. Thereafter the case being ready for trial was sent to the court of learned Sessions Judge, Manikganj on 27-6-81. However the case record was returned t...... LC record along with the Memo of appeal. Mr. Ashfaqul Islam, the learned Advocate for the appellant submits that the order of acquittal passed by the learned Additional District Magistrate is bad in law and fact. He further submits that the learned District Magistrate committed an error of law in a..Category: Criminal Law | Date: | Hits: 44
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......tance of the petitioners since May 1998 and the exclusion of the names of he petitioners No. 5, 8, 9 and 11 from the Monthly Pay Order for the months of February 99, September 99 and January 2000 are accordingly declared to be without any lawful authority and as such, of no legal effect. 19. The ......bahi Officer and others ………………Respondents Judgment April 5, 2000. Lawyers Involved: Md. Eunus Ali Akond, Advocate—For the Petitioner. Dr. Kazi Reazul Hoque, Assistant Attorney General—For the Respondent No.5. Writ Petition No. 1092 of 1999. Judgment Md. Abd......ue to the petitioners since May 1999 for their service in their respective capacities as teachers and staffs of the Durduria Madinatul Ulum Dakhil Madrasha at Lalpur, Natore are recoverable under the law. The stoppage of salaries and allowances of the petitioners does not fall within internal affair..Category: Employment/Service Law | Date: | Hits: 84
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......ideration of the evidence on record, found the agreement of sale valid and in pursuance of the oral agreement, the plaintiff took delivery of possession and constructed dwelling homestead thereon and accordingly, decreed the suit. 8. Mr. Khan submits that as the petitioner having had no saleable ...... 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performance of Contract alleging that t...... Agrahayan, 1387, that is on the alleged date of oral agreement, the defendant petitioner having had no saleable interest in the land under dispute so the said agreement is no agreement in the eye of law and by the said agreement the plaintiffs did not acquire any right in the land under dispute. He..Category: Property Law | Date: | Hits: 84
Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)
....facing starvation and thus, crave the discretion and mercy of the Court to consider the sentence, purely on humanitarian ground to save the family from complete destruction and for securing ends of justice. In view of the above, the submissions of the learned Advocate for the petitioners deserv......ks is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ......10. Lawyers Involved: Khandker Saiful Huq, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 27 of 2009. (From the judgment and order dated the 30th day of March, 2006 passed b......ks is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ..Category: Criminal Law | Date: | Hits: 43
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....nds of these officers in future. If no action is taken against them and if they are allowed to investigate cases, they would be emboldened to recur similar nature of acts, in which event, the ends of justice will be defeated, and the terrorists and criminals after committing crimes would commit crim......he facts and circumstances of the case, we have no reason of doubt that the aforesaid investigating officers and the special public prosecutor have deliberately destroyed the prosecution case and accordingly these officers are required to be taken into task in accordance with law so that no ca......n Criminal Petition No. 42 of 2009) Ripon ................Respondent (In Criminal Petition No. 43 of 2009) Arju ................Respondent (In Criminal Petition No. 44 of 2009) Judgment October 6, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain,...... far-sightness. It appears that accused Nuru Miah did not implicate himself with the commission of murder in terms of offence and the same is out and out exculpatory. It is a settled principle of law that exculpatory confession unconnected with commission of offence is no confession in the eye..Category: Criminal Law | Date: | Hits: 47
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......, 2009. Lawyers Involved: Rafique-ul Huq, Senior Advocate and Ajmalul Hossain, Q.C. Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Attorney General instructed by Md. Zahirul Islam, Advocate-on-Record- For Respondent No.1. Khorshed......ions contained in Section 38 thereof inasmuch as the provision of Section 27(1) has been wrongly applied in the facts and circumstances of the case and the High Court Division committed an error of law contrary to Article 35(1) of the Constitution in failing to consider that some of the alleged ..Category: Anti-Corruption Laws | Date: | Hits: 120
Rakib and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......ers Involved: Khandker Mahbub Hossain, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 284 of 2009. (From the judgment and order dated the 9th, 10th and 11th day of Novem.......M. Shahabuddin having gone out of his house went to a tea stall belonging to Al-Almin, situated in front of his house. Shahabuddin had started taking tea along with Azimuddin his maternal uncle-in-law and one Mostafa at that time accused Omar Miah, Rakib, Habib, Rafique, Sabuj, Quadir, Kala Manik..Category: Criminal Law | Date: | Hits: 38
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
....sed persons. 5. Mr. Bivash Chandra Biswas, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law resulting in an error occasioning failure of justice in misreading, misconstruing and misunderstanding the evidence and materials on record and......e Magistrate, Cognizance Court No.4, Noakhali on the same allegations. The Magistrate directed the Assistant Commissioner and Executive Magistrate, Noakhali for holding inquiry into the matter and accordingly the inquiry officer held inquiry and submitted a report on 19.09.2006 to the effect that...... Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 289 of 2009. (From the judgment and order dated the 4th clay of August, 2009 passed......trate accepted the report and discharged the accused persons. 5. Mr. Bivash Chandra Biswas, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law resulting in an error occasioning failure of justice in misreading, misconstruing and misunder..Category: Criminal Law | Date: | Hits: 44
46054604460346024601460045994597459645954593459145904587458545844583458245804578