Search Options
Judgment Advanced Search
Displaying 4501-4520 of 7038 results.
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....file and number after setting aside the said order of dismissal. 7. On 01-02-86 the application was heard in presence of both parties. On behalf of the opposite party, it was submitted that in the facts and circumstances, as an application under Order 9 rule 9 of the Code being not maintainable, ......D) (2000) 109. ......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ......n 20-7-1992 leading to complaint case TR/Court Case/ Special/Dinajpur 4388/ 92-93 for realisation of a sum of Taka 96,608/85 being the arrear telephone bill, on the allegation that though repeated demands for the same was made but the defaulter accused petitioner has not paid the bill and, as such, ......anted earlier by this Court is hereby vacated and the records which was called for be sent down at once to the concerned Court below. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 108. ..Category: Criminal Law | Date: | Hits: 37
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....ppealable and this civil revision petition is not at all maintainable. 8. Coming now to the propriety of the order impugned it appears that the learned Assistant Judge, took into consideration the facts of the case and legal aspect involved in adjudication of the suit and recorded the impugned or......¦â€¦â€¦â€¦..Opposite Party Judgment December 2, 1999. Lawyers Involved: Md. Abul Kalam Moinuddin, Advocate—For the Petitioner. Khurshid Alam Khan with Farida Yeasmin, Shahnaj Bablee and Pankaj Kumar Kundu, Advocates — For the Opposite Party. Civil Revision No. 1637 of 1999. ......taken was that the cardinal point which requires adjudication in the suit is whether the plaintiff and defendant are wife and husband and the same can be decided on production of documentary and oral evidence by the parties. Last view recorded by the learned Judge was that the laying of the applicat..Category: Family Law | Date: | Hits: 185
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....ontroversy suit for an end to the litigation and the controversy in between the parties and thereby ends of justice will be met. In my opinion, the Court of trial below under misconception of law and facts rejected the said application without directing himself to the legal aspect of the case. It is......2003) 17. ......onsidered the impugned judgment and order passed by the Court of trial below. According to Mr. Kabir, in the instant suit only 1 PW and 1 DW was adduced and the Court of trial below after considering evidences and documents filed by the parties decreed the suit in the preliminary form of giving a sa..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
....opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed. 2. The relevant facts are stated below: It appears that a First Information Report was lodged by Vice-President o......Case is also Reported in: 52 DLR (HCD) (2000) 105. ...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......School……………Petitioner Vs. Sabbir Hossain Chowdhury & others………………Opposite Parties Judgment November 2, 1999. Case Referred To- Uttara Bank Vs. Macneil and Kilburn Ltd. and others, 33 DLR (AD) 298. Lawyers Involved: Md. Nazibar Rahman, Advocate- ......ourt we find that the appellate Court came to the findings that SA Khatian has been recorded in the name of the predecessors of the defendants and that no conclusion could be arrived at before taking evidence in respect of title and possession of the parties and upon such finding set aside the order..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......o Reported in: 52 DLR (HCD) (2000) 99. ......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....s issued calling upon the respondents to show cause as to why the said proceedings should not be declared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule are, that the then Government of erstwhile East Pakistan g......High Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Md. Arayesuddin J Humayun Majid…….Petitioner Vs. Bangladesh Bureau of Anti-Corruption and ors………..Respondents Judgment December 3, 2000. Case Referred To- Durga Das v......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..Category: Anti-Corruption Laws | Date: | Hits: 232
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
....esort to surmises and conjectures in reaching his conclusions. The procedure adopted by the learned Additional District Magistrate betrays a complete lack of application of the judicial mind into the facts and circumstances of the case and the law bearing on the subject and same has occasioned failu...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Gour Gopal Saha J Jahiruddin Ahmed………………………………Petitioner Vs. Yasinuddin and others………………………Opposite Parties Judgment June 3, 1998. Lawyers Invo......ainant-petitioner, submits that the learned Court of appeal below was evidently wrong in acquitting the accused persons on illegal and irrelevant considerations without discussing and considering any evidence adduced by the prosecution and the same has occasioned failure of justice. The learned Advo..Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....y debit vouchers exhibit 6 series as well as acknowledgments made by the defendant No. 1 on the back of the agreement on different dates. 29. Only issue facing us in this appeal is, whether in the facts and circumstances of the case and on the evidence on record, learned Subordinate Judge was jus......ed in: 56 DLR (2004) 39. ......mined 3 persons including him. Papers and documents produced by the plaintiff were marked exhibit 1 to 6 series while those of the defendant were marked his exhibit 'Ka', 'Kha' and Ga'. 17. On the evidence, oral and documentary, the learned Subordinate Judge decreed the suit as prayed for. 18...Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......ted- the Respondent. Jail Appeal No. 368 of 2002. Judgment Md. Joynul Abedin J.- This Jail Appeal by the accused appellant Md. Shahidul Islam alias HM Shahid is directed against the judgment and order of conviction and sentence dated 15‑5‑2002 passed by the Nari‑o‑Shishu Nirjatan Da......ving failed to recover PW 2, he lodged the first information report with the Uttara Police Station on 13‑3‑2000. Later, the second investigating officer PW 7, Faruque Hossain, on the basis of the evidence collected by the first investigating officer, submitted charge-sheet on 30‑8‑2000 under..Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....hold that there is no bar to use the beneficial part in a statute, if any, in favour of the accused in the matter of holding his trial. Taking into consideration of the above provision of law and the facts and circumstance we are of the view that ends of justice would be met if the respondents are g......e Appellate Division Judgment here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Syed AB Mahmudul Huq J Abdul Kader Mirza and another…………………….. Petitioners Vs. Bangladesh, represented by the Secretary......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....ming Taka 92,72,400. This suit was decreed on 31‑5‑1993 against National Bank Ltd., defendant No. 1, defendant Nos. 4, 5 and 6 on contest. The National Bank Ltd. filed both the appeals. 2. The facts leading to the filing of the above noted two suits, one by Mr. Md. Salauddin, the plaintiff in...... Ed. This Case is also Reported in: 56 DLR (2004) 15. ...... within a reasonable time. He denied that it is incorrect that Habib Bank in collusion with the exporter negotiated the documents by giving back date. 11. The learned Judge on consideration of the evidence on record found that the documents marked Exhibits 2, 4, 5 and 9 filed by the plaintiff in ..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....rt, we find that the learned Magistrate has roamed on the surface of the case and did not enter into and discuss the evidence of each particular witness relating to the fact in issue and the relevant facts to arrive at his findings and conclusion. He even failed to discuss the evidence of the expert...... This Case is also Reported in: 56 DLR (2004) 12. ......phamari PS Case No. 3 dated 6‑12‑1996 under sections 143/447/323/324/379/307/114 of the Penal Code and directing the trial Court to write a fresh judgment on retrial in the light of discussion of evidence made in the body of the judgment. 2. The informant filed a petition of complaint with th..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... such, the impugned order is liable to be set aside. 9. Mr. SM Aminul Islam, the learned Assistant Attorney-General appearing for the State, opposes the appeal and submits, inter alia, that in the facts of the case the learned Tribunal was fully justified in passing the impugned order and, as suc...... Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑Shishu Nirjatan Daman Case No. 455 of 2001, allowing an application by the prosecution for re‑calling 6, witnesses already examined and discharged by the Court. 2. The prosecution case, in short, is that 2‑4‑2001 was fixed fo......t. 8. Mr. Md. Abdus Samad Miah, the learned Advocate appearing for the appellant, submits that although the Court has wide power under section 540 of the Code of Criminal Procedure to call for any evidence not earlier recorded and any witness earlier examined by the Court, whenever it is found ne..Category: Criminal Law | Date: | Hits: 37
.... pending for hearing along with the Rule itself and allowed them to file affidavit-in-opposition, Accordingly, they have filed affidavit-in-opposition. In their affidavit-in-opposition almost similar facts as stated by respondent Nos. 1‑3 have been stated. They have further stated that the impugne......iginal Jurisdiction)
Present:
MA Wahhab Miah J
Shamim Hasnain J
Abu Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of EnvironÂment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zill......was violated by the petitioner. Allegation of pollution was made by Ferdous Ara‑Khanam on 13‑11‑2002 and before holding the alleged inquiry no notice was given to the petitioner and actually no evidence was taken from the local people and, in fact, the alleged inquiry made by respondent Nos. 1..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....the tariff value fixed by the Government for such item. The selfsame question earlier came up for consideration in an unreported case before this Court, namely, in Writ Petition No. 1479 of 1999. The facts of that case are very much similar to the facts of the instant case. In that case also the auc...... Division (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Didarul Kabir (Md)...............................Petitioner Vs. Commissioner of Customs and others………..….Respondents Judgment August 7, 2001. Lawyers Involved: Dr. M....... to make payment of tax, etc and port dues against vessel MV Alexandra. After the confirmation of the auction sale the respondent No.1 assessed customs duties on the vessel and on some other items as evidenced by Annexures "D" and D(1) and made a demand of Taka 1,48,93,941.21 on account of customs d..Category: Fiscal/Taxation Law | Date: | Hits: 77
Nannu Mia @ Habibur Rahman Vs. State, 2002, 31 CLC (HCD)
....42 of the Code of Criminal Procedure and his statement was recorded. The defence plea was of innocence and declined to examine any defence witness. 7. Learned Special Tribunal upon considering the facts and circumstances of the case and the evidence on record convicted and sentenced the accused a......Attorney‑General with Shamim Ara‑Dora, Assistant Attorney‑General‑For the State. Criminal Appeal No. 968 of 1999. Judgment Abdul Awal J.- This Appeal is directed against the Judgment and order dated 19‑4‑1999 passed by the Special Tribunal No. 1, Narshingdi, in Special Tribunal ......d out and explained to him. 5. At the trial out of 9 charge-sheeted witnesses 7 (seven) witnesses were examined as prosecution witnesses and defence adduced. 6. After closure of the prosecution evidence the appellant was examined under section 342 of the Code of Criminal Procedure and his stat..Category: Criminal Law | Date: | Hits: 43
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....্রী দিতে আজ্ঞা হয়”। 4. Learned Advocate for the petitioner submits that the Courts below erred in law in rejecting the plaint on the ground of res judicata in that facts and matters upon which Other Suit No.14 of 1988 has been filed being not the same or similar t...... Rabi Sankar Chakroborty, Advocate—For the Opposite Party. Civil Revision No. 2517 of 1990. Judgment Md. Ruhul Amin J. - The Rule has been obtained by the plaintiff against the judgment and decree dated 15-11-1990 of the Court of Subordinate Judge, Cox’s Bazar in Other Appeal No. 148...... service or the proceedings, a suit by a person on whom no summons was served, for setting aside the ex parte decree is maintainable. It is also settled law that mere falsity of claim and or perjured evidence if non- service of summons be not proved will not support the action. The plaintiff, theref..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90....... Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......esting defendant examined 2 witnesses in support of their case. After hearing the parties, the learned Assistant Judge by his impugned judgment dated 30-4-90 decreed the suit, on consideration of the evidence on record, with the findings that the impugned order dated 11-9-89 as contained in Memo No...Category: Employment/Service Law | Date: | Hits: 72
39133912391139093908390739063905390439033902390139003899389838973896389538943893