Search Options
Judgment Advanced Search
Displaying 441-460 of 7038 results.
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ...... 1898 is that trial Court has to form "an opinion that there is ground for presuming that the accused has committed offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offe......tted offence................" An opinion on the basis of presumption and a finding in a judicial proceeding are two distinct concepts. A finding about commission of offence must be based on evidence....................................(11 & 12) Lawyers Involved: No..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
.... the appellants. Learned Judge of the Tribunal framed charge against the accused on the basis of materials available before him. 7. We do not find any illegality in the order challenged. Under the facts and circumstances the appeal merits no consideration and is liable to be dismissed. 8. Acco......s Case is also Reported in: ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....ccused persons of the charge under sections 302/34. These three convicts Muzibur Rahman, Fayzul Haque @ Fazal and Babul obtained leave from the judgment of the High Court Division. 3. Short facts relevant for the disposal of the appeal are that the accused persons were involved in terroris......ud Hossain J Md. Shamsul Huda J Md. Imman Ali J Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 ......t;in order to for inclusion in the category of aggravating circumstances which may form the basis of special reasons in section 354 (3) circumstance found on the facts of a particular case, must evidence aggravation of an abnormal or special degree". 12. In Sher Hassan, PLR 1959 SC (P..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....rnative, a mutawalli of a waqf estate can transfer by lease in perpetuity any part of the waqf property with prior approval of the Administrator. An opinion on the point requires consideration of the facts which are succinctly narrated below: Appellant is a mutawali of a Waqf Estate who institu......p; Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Imman Ali J Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h......tle Suit No.38 of 1.992 to the trial Court for writing out a fresh judgment, for deciding the defendant's claim of possession and dispossession in respect of 2nd schedule land on the basis of the evidence available with the record. The learned Judge noticed that there are conflicting findings as..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......nvolved: No one appears for either of the parties. Criminal Appeal No.5362 of 1991. Judgment Md. Ruhul Quddus J.- This appeal at the instance of a complainant is directed against judgment and order dated 29.7.1989 passed by the Magistrate of first class, Cox’s Bazar in Complaint Case N......istrate of first class, Cox’s Bazar acquitted the respondent on the grounds that no registered Kabinnama was produced to substantiate the allegation of second marriage against the accused; that the evidence of the eye witnesses, namely, P.Ws.6 and 5 are contradictory and do not corroborate each ot..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....ection 304A/34 of the Penal Code, 1860 now pending in the Court of Additional Sessions Judge, Jhenaidah should not be quashed so far as it relates to the accused petitioner Khalekuzzaman. 2. The facts relevant for disposal of the Rule are as hereunder:- On 30.05.07 a frivolous and maliciou......nt: Siddiqur Rahman Miah J AKM Shahidul Huq J Dr. Khalekuzzaman………………………….......Petitioner Vs. The State and another…………………………Opposite ......fusal which is a mandatory requirement of law under section 265C and on a misconception of law erroneously framed charge against the accused petitioner without taking into consideration the facts and evidences in its proper perspective. 9. He further submits that the learned trial court while d..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....he judgment and decree dated 15-5-2002 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.1 of 1999 making the award passed by the arbitrator Rule of the Court. 2. The facts for disposal of this appeal, in short, are that in the year 1986, the respondent-RAJUK (the th......efined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section 17 of the Arbitration Act empowers the Court to pronounce......nt its representatives Mr Kazi Salam Hafiz, Chief Town Planner, RAJUK and Mr. M Murtaza, Assistant Town Planner of RAJUK on 6-8-1998 when the date was fixed for hearing but they failed to produce any evidence of authorization by the respondent. The Sole arbitrator in presence of the officers of the ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....d, as such, it has been illegal for this reason also as no property could be taken over as vested property after 30-10-1984. However, we endorse this view of the High Court Division that in the given facts and circumstances of the case the enlistment of the land in question as vested property h......Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Government College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January 23, 2012. Result: ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....ntically for defendant Nos.1, 2, 6, 7 and 8, but could not trace out their whereabouts. And then, on 5-2-2006, the plaintiff served a legal notice upon defendant No.2 and thus tried to inform him all facts in detail and also requested him to take necessary steps by 19-2-2006. Although the said perio......bsp; Nazmun Ara Sultana J Md Shamsul Huda J Syed Mahmud Hossain J Md. lmman Ali J Atif Atiq (Md.) and another..........................Petitioners Vs. Nurun Nahar Begum and others...............্রার্থিত প্রতিকার পাইতে বাদী হকদার কি না? 9. The learned Joint District Judge considering the pleadings of the parties and the evidence on record, oral and documentary, decided all issues in favour of the plaintiff and decreed ..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......D 542; Monir Hossain Vs.State, 53 DLR 411; Abdul Monem Chowdhury @ Monem Vs.Stale, 47 DLR (AD) 96; Mona alias Zillur Rahman Vs. State, 23 BLD (AD) 187 = 9 BLC (AD) 125; Protap Singh Vs.State of Jharkhand, (2005), 3 SCC 551; Umesh Singh Vs. State of Bihar, (2000) 6 Supreme Court Cases, 89. Lawye......nem Chowdhury alias Monem Vs. State Appellate Division held that; "The High Court Division in rejecting the revisional application summarily observed that the trial Court considered all the evidence that were before it and was not in a position to hold that the petitioner was a child on th..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....ibunal (respondent No.2) comprised of Md. Farid Uddin as president and Md. Golam Mawla as member (Judicial) in Customs Appeal No.CEVT/Cus-107 of, 2007 dismissing the appeal for default. 2. Brief facts, necessary for the disposal of the appeal, are as follows; Appellant pursuant to proforma......pecial Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Warid Telecom International Ltd....................Appellant Vs. Commissioner of Customs and others………........Respondents Judgment January 18, 2012. ...... any reasoning in support of the same is found not to have persued the proper way of disposing of the Appeal. And whereas further the Order (Judgment) of the Appellate Tribunal has not touched on the evidence on record at all and has not taken into consideration the grounds of appeal the judgment, t..Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....aking any notice of the same illegally and arbitrarily cancelled the Money Changer License of the petitioner. 6. The petitioner in the Writ Petition has given a detail and date wise statement of facts about the steps that he had taken after passing of the impugned order. He further submitted th......on (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Amzad Hossain……….........................Petitioner Vs. Bangladesh Bank and others.............Respondents Judgment January 18, 2012. Result: The Rule i......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....8 arising out of Order No.165 dated 19-3-2008 being related to the same auction sale in between the same parties are taken up together and this judgment would governed both these appeals. 2. The facts are not disputed City Bank Ltd obtained decree against Mobarak Re-rolling Mills Ltd. on 6-11-1...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shamsuddin Ahmed & others .....................Appellants Vs. City Bank Ltd. and others……………………………........f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....First Appeal No.230 of 2002 before the High Court Division. A Division Bench of the High Court Division, after hearing the learned advocates of both the parties and considering the evidence and other facts and circumstances on record, dismissed the appeal affirming the judgment and decree of the tri......da J Sree Prodip Barua alias Bappi………………………………………..Petitioner Vs. Faisal Madani and another.......................................Respondents Judgment January 15, 2012. ......n and the defendant has got no other homestead to reside in. That the case of the plaintiff is absolutely false and as such is liable to be dismissed. 4. The trial court, on consideration of the evidence adduced by both the parties, decreed the suit. 5. Being aggrieved by and dissatisfied ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....rict Judge, Dhaka in Arbitration Miscellaneous Case No. 661 of 2009 allowing the same and thereby reversing the order dated 23-7-2009 passed by the Arbitral Tribunal by majority. 2. The material facts relevant for disposal of the appeal, in short, are that, an agreement was made in between (1) ......late Jurisdiction) Present: Md. Nuruzzaman J Quazi Reza-ul Haque J Dr. Anowar Hossain………………..Appellant Vs. Reya Builders and Engineers Ltd................Respondent Judgment January 12, 2012. Result: ...... started. The First Party claimant submitted his statement of claim. In reply the Second Party filed written-objection against the said statement of claim. After hearing the parties and recording the evidence as adduced by the parties the Arbitral Tribunal unanimously came to decision that to comple..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....ed of the charge and be set at liberty forthwith, if otherwise are not wanted. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This case is also Reported in: ......Appeal No.1285 of 2005 And Jail Appeal No.1286 of 2005. Judgment Md. Ruhul Quddus J.- These two appeals under section 420 of the Code of Criminal Procedure are directed against judgment and order dated 27.9.2005 passed by the Nari-o-Shishu Nirjatan Damon Tribunal No.2, Jhenaidah in Nar......irina Begum is the eyewitness, who saw the appellant Ikhtiar Rahman to kidnap the victim-child, while P.W.1 herself is an eyewitness to his (victim’s) rescue. There is no reason to disbelieve their evidence and therefore, the learned Judge rightly passed the judgment and order of conviction and se..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....spondents opted for exercising the Provisions of Article 12(a), 12(b) of the management agreement which has been accepted by the petitioner. But thereafter the petitioner upon ascertaining misleading facts filed the instant application and obtained the interim injunction restraining the respondent f......ined by an order from entering into any management agreement or any other similar arrangement with any third party other than the petitioner for operating, establishing or managing any “Hilton” branded hotel within the territory of Bangladesh, on the ground stated therein. 2. Upon admitting t...... interim order dated 24.8.2011 and the petition under Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....s Case No.9523 of 2009, Criminal Miscellaneous Case No.9522 of 2009, and Criminal Miscellaneous Case No.24730 of 2009 are taken together for disposal in one Judgment since the question of law and facts involved in those cases are identical in nature and the rules, so issued, are also found to be...... Division (Criminal Miscellaneous Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mohammad Ali…………………………….Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10, 2012.......ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....refrom were heard together and disposed of by the single judgment impugned herein. Hence, both the appeals were heard by this Division simultaneously and are disposed of by this judgment. 3. The facts leading to the litigation may be stated briefly as follows: The plot of land in dispute m...... the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10 SCC 390; Hajee Saru Meah Sowdagar and another......lance of the consideration money was never paid by the Purchaser, and any suggestion that the payment was made to the learned Advocate Salah Uddin within the stipulated period is not supported by the evidence and is also contrary to the terms of the contract, which clearly stipulated that the balanc..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
.... to appeal has been directed against the judgment and order dated 21.01.2010 passed by a Single Bench of the High Court Division in Civil Revision No.185 of 2008 making the rule absolute. 2. The facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. Thi......Huda J Md. Amzad Hossain Parag………………………………………...Petitioner Vs. Md. Saiful Islam and others....................................Respondents Judgment January 9, 2012. ......o entered appearance and filed written statement supporting the case of the plaintiff. But ultimately this defendant No.14 did not remain present during trial, of the suit and did not adduce any evidence in support of his pleading. 7. The defendant Nos.2, 3 and 5 contested the suit by fili..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
80837434905289927438869691587158833296478796560387646965939266038535831357796964