Search Options
Judgment Advanced Search
Displaying 4541-4560 of 5586 results.
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....to and other competent court at Dhaka and after hearing the parties and cause shown may be pleased to make the rule absolute or be please to pass such other order/orders as to may seem fit and proper. .............................. 10. The High Court Division after hearing the......ah, Deputy Attorney General, with him) instructed by A. S. M. Khalequzzarman, Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 60 of 2006 (From the judgment and order dated 29.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 13...... of Druto Bichar Tribunal, Court No. 1 alleging bias of the learned Judge and accordingly the High Court Division passed an order. 8. He further submits that on the face of it there is no illegality in the impugned order and the petition therefore may be dismissed it being malafide o..Category: Criminal Law | Date: | Hits: 64
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
.... the petitioner executed necessary charge documents in favour of the plaintiff-Bank and the defendant-respondent Nos. 3-5 stood as guarantors of the said loan and they also mortgaged the schedule property to the plaintiff- Bank. The defendant-respondents by their negligence failed to repay the...... Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Abul Hossain and Brothers, 16/E, Chota Katara (Near Chawk Bazar) Dhaka…...Petitioners Vs. Rupali Ba......e an undertaking to pay the balance amount of Tk.9, 30,826/-to get release of the suit property. The plaintiff-Bank further alleged that for the default of the defendants, the plaintiff-Bank served legal notice to the defendants for repayment of the aforesaid balance amount. But for the default ..Category: Banking Law | Date: | Hits: 85
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
.... the defendants also took the keys of the office and the factory of the plaintiff on the plea of inspection but ultimately they did not return the same and as a result the plaintiff could not take proper care for maintenance to the raw materials, finished goods and the machineries which led to t...... ......So the prayer of the plaintiff seeking local investigation after lapse of six years has no basis. Further if the plaintiff at the time of trial by adducing evidence can prove that the defendants illegally kept the keys with them and inspite requests did not return those to the plaintiff and as a..Category: Business or Commercial Law | Date: | Hits: 75
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
.....6.2000 in place of 16.6.2000 in middle portion of First Information Report is a very insignificant matter which must be ignored. 15. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record accepted the death reference and d...... Lawyers involved: Sarwar Ahmed, Advocate-For the Jail Petitioner. Golam Kibria, Deputy Attorney General-for the State. Jail Petition No. 4 of 2005 (From the judgment and order dated 16.5.2004 passed by the High Court Division in Death Reference No. 34 of 2001, Jai......egum used to stay together in a house at Bangla Motor, Dhaka and styling themselves as Dharma putra and Dharma Ma they carried on illicit connection; since deceased Surja Begum did not like illegal relationship established between her mother, accused Rokeya Begum, and the condemned petition..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......he State..........................Appellant Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 1......e provisions of Section 5-A of the Criminal Law Amendment Act, 1958 read with section 167(5) of the Code of Criminal procedure we are of the view that the aforesaid Criminal Proceeding lost its legal force inasmuch as the investigation agency failed to submit the charge-sheet within 180 days..Category: Criminal Law | Date: | Hits: 48
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....zumder, the learned Senior Advocate appearing for the petitioner, submits that the learned Judges of the High Court Division misconceived the law as well as facts of the case and thus without proper assessment of materials on record confirmed the sentence and as such the impugned order is l......rd-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 307 of 2004. with Jail Petition No. 02 of 2005. (From the judgment and order dated 18-07-2004 passed by the High Court Division in Jail Appeal No. 615 of 2002 with De......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ..Category: Criminal Law | Date: | Hits: 43
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....finding that there was no surrender of korfa tenancy by Jairuddin to Kuran Mondal. The learned Counsel has also submitted that the Exts. B and B(8) having not been brought before the Court from the proper custody and that the contents thereof having not been proved and that the presumption o......) 672. ......n the basis of which trial Court decreed the suit were not reversed by the appellate court, that defendants alleged case of surrender of korfa tenancy by Jairuddin has not been established by legal evidence and that evidence, both oral and documentary, to that effect is lacking, that S. A. ..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e defendants stands on a better footing (f) the trial Court only discussed the evidence of RWs. without discussing the evidence of the D.Ws. and did not consider the registered kabuliyats in their proper perspective. The High Court Division further found that though the appellate Court did not e......rted in: IV ADC (2007) 669. ...... 7. We are of the view that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for interferenc..Category: Property Law | Date: | Hits: 28
Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)
.... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Syed Badruddoza being dead his legal heirs: Mrs. Arjuman Banu and Others………… Petitioners Vs. Tawfiq Hasan and another .......007) 667. ..Category: Civil Law | Date: | Hits: 102
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....verments that Bimalendu Roy, Tarini Prasad and two others took pattan of the suit land and C.S. Record was prepared in their names and subsequently Tarini Prasad and the two others surrendered the property in favour of the original landlord who then took the same to his Khas possession; Abdul Az......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, Represented by the Deputy Commissioner and others, Rangpur……………Petitioners Vs. Khariat Hos...... suit land being a beel is the khas land of the government and the claim of the plaintiffs is vague and based on fabricated papers and further since the kabuliyat was for one year only there is no legal basis of the claim of the plaintiffs after the expiry of one year. The trial court, after hea..Category: Property Law | Date: | Hits: 27
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....led a Kalami Noksha wherein the suit land has been clearly specified. In course of hearing, the learned Advocate appearing for the petitioner submitted that in view of the fact that the suit property was clearly specified in the 'Kalami Noksha' which was a part of the schedule to the plai......Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shamsul Haque and another………………Petitioners Vs. Md. Abdul J......the appellate Court totally failed to consider the said "Kalami Noksha”. Therefore, the trial Court rightly decreed the suit." 7. In the aforesaid premises, we find no legal infirmity to differ with the above findings of the High Court Division. This petition merits ..Category: Property Law | Date: | Hits: 23
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
.... banking company; by Bank Company (Amendment) Act 1003 (2003), on 10th March 2003 section 15(Ka ka) was inserted in the Bank Company Act 1991 to secure interest of the depositors and to ensure the proper management of the Banks and by those circulars the Bangladesh Bank has given the guide-lines......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Bank ........................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. Case Referred to- ......provisions of the Companies Act and in that view of the matter "impracticability" relates to the internal mechanism of the Company and not to any external influence brought about by legally sanctioned conditions imposed by a regulatory body constituted under the law and so in..Category: Business or Commercial Law | Date: | Hits: 78
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ......ivision (Criminal) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazaul Islam J Razia Khatun.......................Petitioner Vs. Idris Ali and another.........Respondents Judgment October 23, 2005. Lawyers Involved: ......observed that power under section 561A of the Cr.P.C in the instant case would have been exercised by the High Court Division, had the order of conviction and sentence passed absolutely without any legal evidence, but the order of acquittal has been passed because of absence of legal evidence as ..Category: Criminal Law | Date: | Hits: 36
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ...... Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Wonder Land Toys Ltd., C-101, Central Road, New DOHS Mohakhali C/A, Dhaka…….Petitioner ......ignature of the Respondent no.5 now pending in the Court of the Chief Metropolitan Magistrate, Dhaka shall not be declared to have been done without any lawful authority and of no legal effect and that section 21(1) of the Securities and Exchange Ordinance,1969 shall not be decl..Category: Criminal Law | Date: | Hits: 36
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
....l i.e. First Appeal No.308 of 2001 the sole plaintiff-appellant died intestate on 28.7.2002 leaving behind the applicants, the respondent No. 1(a) to 1(g) herein, as his legal heirs to inherit the property left by him. That it was further stated that respondent No.1 (a) to 1(g) were not aware of......slam J Amirul Kabir Chowdhury J Hazi Habibur Rahman @ Hazi Md. Habibur Rahman................... Petitioner Vs. Ayub Ali Sawdagar being dead his heirs Most Kamrun Nahar and others ………………Respondents Judgment Januar......g pendency of the said appeal i.e. First Appeal No.308 of 2001 the sole plaintiff-appellant died intestate on 28.7.2002 leaving behind the applicants, the respondent No. 1(a) to 1(g) herein, as his legal heirs to inherit the property left by him. That it was further stated that respondent No.1 (a..Category: Procedural Law | Date: | Hits: 75
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....t No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent No.3 Standard Chartered Bank and mortgaged the property mentioned in schedule A of the plaint of Title Suit No. 35 of 1996 renumbered as Title Suit......d JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Peninsular Shipping Service Limited ..............................................Appellant Vs. M/s. Faruque Paint and Varnish Manufacturing Co. Ltd. and others ........Respondents Judgment June 18, 2006. ......t being passed on 17.02.2005 and the deposit of 50% of the decretal amount being made on 27.03.2005 the respondents failed to deposit the amount within the statutory period and as such there being no legal deposit the appeal itself was not a legal appeal in the eye of law and the appeal being not fi..Category: Civil Law | Date: | Hits: 132
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....1986 containing "Ka" and "Kha" list were published and at page No.6840 of Kha list both the buildings of the above Plot No.4 belonging to the petitioner were listed as abandoned properties at serial Nos.15 and 16 and hence the cases. The First Court of Settlement, Dhaka, after......hul Amin J Md. Tafazzul Islam J Shadharan Bima Corporation...........................Petitioners (In both the cases) Vs. The First Court of Settlement and other................Respondents (In both the cases) Judgment January 26, 2006. ......abandoned property; the acts and omissions of the government agencies as well as that of RAJUK led the petitioner to purchase the property treating the same as free from all encumbrances and legal defects as to the title and no apparent steps having been taken by the concerned authorities ..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
..... The said land is adjacent to said factory. The petitioner filed application to the Ministry of Industries to facilitate getting the settlement of the said land. That Ministry of Industries after proper recommendation sent the matter to the Ministry of Land, who then by its letter dated 29.04.1......ion (Civil) Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Ayen Ali Howlader...................Petitioner Vs. Nazir Ahmed and others…………….Respondents Judgment November 28, ......r's claim. Thereafter on an application of the petitioner (the present respondent No.1), the Ministry of land vide memo dated 28.09.1999 directed the Commissioner, Barisal Division to decide the illegality if any, caused in granting settlement in favour of the respondent No.6 (the present petiti..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....7.80 and 8008 dated 30.12.89 executed and registered by defendant No.2 in favour of defendant No.5 Rabiul Awal was forged, collusive and of no legal effect. 3. The case, in short, is that the suit property measuring about 131 square yards with a house and structures thereon fully described in the......ate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the High Court Division in Civil Revision No.1931 of 2......g one that the power of attorney being No.7005 dated 02.07.80 and 8008 dated 30.12.89 executed and registered by defendant No.2 in favour of defendant No.5 Rabiul Awal was forged, collusive and of no legal effect. 3. The case, in short, is that the suit property measuring about 131 square yards w..Category: Tenancy Law | Date: | Hits: 180
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....s issued calling upon the appellants and others to show cause as to why contempt proceeding should not be drawn up against them and/or pass such other or further order or orders as may deem fit and proper. 2. The respondents alleged that inspite of order of the High Court Division the Mana......pellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Abul Kalam Azad and others .............................Appellants Vs. Mohammad Iqbal Hossain & ......ndent made a prayer for extension of the stay the prayer was refused on 12.8.2002 and thereafter there was no stay of the operation of the judgment. Inspite of the fact that there was no stay, the legally constituted Committee was not allowed to function. So, accordingly the action of the respon..Category: Criminal Law | Date: | Hits: 47
24542451244324412440243924342433243224312429242724242423242224202417241624152414