Search Options

Judgment Advanced Search

Displaying 4721-4740 of 5867 results.

Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)

.... instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Not Represented—The Respondent. Criminal Appeal No. 10 of 2004. (From the Judgment and Order dated 9-4-2003 passed by the High Court Division in Criminal Appeal No. 473 of 2002). Judgme......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......her mother Khodeja Khatoon found some persons assembled at the Union Parishad road situated to the north of the house of the appellant Md Wasim Mia and while Khodeja Khatoon (PW 1), mother of the aforesaid Champa Khatoon, went .there the appellant Md. Wasim Mia and co-accused Md. Wafiz Mia (sinc..

Category: Criminal Law | Date: | Hits: 71

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....Advocate on Record-For the Respondent (In all the cases) Criminal Petition for Leave to Appeal No. 444 of 2006 and Jail Petition Nos. 4, 6, 7, 8, 9 and 10 of 2006. (From the judgment and order dated 29 and 31 August 2006 passed by the High Court Division in Death Reference No.47 of 2006 with ......dur Rahman, (2) Siddiqul Islam Bangla Bhai, (3) Ataur Rahman Sani and (4) Abdul Awal, the evidence of prosecution witnesses already mentioned above may be referred to. P.W 2 Anisur Rahman, as already noticed, in his evidence clearly proved the holding of a meeting held at the house at Rupatali Laldi......ddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General with him) instructed By Ahsanullah Patwary, Advocate on Record-For the Respondent (In all the cases) Criminal Petition for Leave to Appeal No. 444 of 2006 and Jail Petition Nos. 4, 6, 7, 8, 9 and 10 of 2006. (From th..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....ud Bhuiyan, Senior Advocate, instructed by Fakhrul Islam Advocate-on-Record—For Respondent No. 1. Ex-Parte—Respondent Nos. 2-3. Civil Appeal No. 134 of 2000. (From the judgment and order dated 25th May,1999 passed by the High Court Division in First Appeal No. 95 of 1992). Judgment ......s to the construction materials which remaining under the open sun got rusted, Taka 4,37,000 against the profit which he could have earned if the works would have been completed; accordingly, a legal notice dated 4-3-1989 was issued upon the Port Authority under the instruction of the respondent No.......e learned Subordinate Judge (now Joint District Judge), First Court, Khulna in Money Suit No. 12 of 1989 decreeing the suit. 2. The respondent No.1, as plaintiff, instituted the above suit praying for a decree of Taka 66,06,500 on the averments, inter alia, that Mongla Port Authority, of which th..

Category: Civil Law | Date: | Hits: 109

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....…………..(9) Lawyers Involved: B. Hossain, Advocate-on-Record— For the Ap­pellant. Ex Parte — For the Respondent. Criminal Appeal No. 26 of 1986. (From the Judgment and order dated 9th June, 1985 passed by the High Court Division, Barisal Bench, Barisal in Criminal Appeal No......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ranted to consider whether the High Court Division was correct in acquitting the principal accused Mohammad Kha alone on the evi­dence on record. 3. Prosecution case, in short, is that, one day before the date of occurrence accused respondent Mo­hammad Kha along with others forcibly entered int..

Category: Criminal Law | Date: | Hits: 117

Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)

....te with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Ex parte — Respondent Nos. 2-12. Civil Appeal No. 33 of 1985. (From the Judgment and Order dated 8th April, 1984 passed by the High Court Division, Sylhet Bench in Civil Revision No. 55 1983)......d as such is amenable to be waived or relinquished by consent, conduct or acquiescence even before the sale actually lakes effect legally. Secondly, he submitted that the learned Judge having himself noticed that the courts below concurrently came to the finding that the pre-emptor had waived his ri......ing pre-emption upon selling aside the concurrent deci­sion of the courts below to the contrary. 2. Pre-emptor-respondent no.1 filed Misc. Case No. 37/80 in the 2nd Court of Munsif, Sadar, Sylhet for pre-emption of the case land transferred by respondents 2-4 to the appellants and another by a r..

Category: Property Law | Date: | Hits: 47

Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)

......……………………………………………….....Respondent Judgment February 7, 1990. Result: The interim bail will con­tinue only for a further period of four months from date or till disposal of the revisional application, whichever is earlier. Bail matter Interim......order be forwarded to the Deputy Reg­istrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ...... Vs. The State.........................……………………………………………….....Respondent Judgment February 7, 1990. Result: The interim bail will con­tinue only for a further period of four months from date or till disposal of the revisional application, whiche..

Category: Criminal Law | Date: | Hits: 40

Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)

....f 1983), section 26 Harmonious interpretation It is apparent that for change of polling station whether in the case of first election or repoll a period of fifteen days to intervene between the date of change and that of the poll is necessary. In case of any indispensable necessity for change ......under sub-rule (1A) shall not be changed without the approval of the Election Com­mission. He has emphasised the fact, which was also not disputed, that the election was to be held, according to the notice dated 5 April 1988, on 14 April, 1988, but the polling station in each case was changed in th......he Union Parishad (Election) Rules, 1983 Rules 6, 9, 26 & 29 The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 26 Harmonious interpretation It is apparent that for change of polling station whether in the case of first election or repoll a period of fifteen da..

Category: Election Law | Date: | Hits: 163

Atiqur Rahman and an­other Vs. State, 1989, 18 CLC (AD)

.... For the Appellants. B. Hossain, Deputy Attorney General, instructed by A.W. Mallik, Advocate-on-Record — For the Re­spondent. Criminal Appeal No. 18 of 1989. (From the judgment and order dated 5 July 1988 passed by the High Court Division, Dhaka, in Crim­inal Appeal No. 148 of 1986). ......ppellants is found to be justified based on cor­rect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......Appellant No.1 was District Fishery Officer-in-Charge, Faridpur and appellant No. 2 was the lessee of a fishery named "Kumar River from Chowkighat to Bhajandhi", under a lease-deed dated 24 July 1983 for a period of three years from 1390 B.S. The adjacent fishery is "Kumar River from Bhajandhi to Ni..

Category: Criminal Law | Date: | Hits: 45

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

....mp; 194 The Sales Tax Ordinance (XVIII of 1982) Section 4(1) The Evidence Act (I of 1872) Section 115 The Constitution of Bangladesh, 1972, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 of the Customs Act was issued without any condition, limitation or re......ermission from the Chief Controller of Imports and Ex­ports shall be necessary for the purpose of import of sugar under Wage Earners' Scheme as per procedure detailed above." 12. It will be noticed that there was no spe­cial stipulation. Then the Notification was issued be­ing SRO 449-L/......cting upon the solemn promise made by the appellant incurred huge expenditure and if the appellant is not held to its promise, the respondent would be put in a very disadvantageous position and, therefore, the principle of promissory estoppel can also be invoked in this case. …………(14 & 2..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)

....instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Miah Abdul Gafur, Advocate-on-Record— For the Respondent. Civil Appeal No. 84 of 1989. (From the Judgment and Order dated 1 August, 1989 passed by the High Court Division, Dhaka, in first Appeal No. 81 of 1989). J......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......f execution of the decree appealed against in a first appeal, namely F.A. No. 81 of 1989. 2. Respondent-plaintiff filed Money Suit No. 139 of 1989 in the 3rd Court of the Subordinate Judge, Dhaka, for recovery of Tk.1.91 lacs from the appellant-defendant alleging that he had taken busi­ness loan..

Category: Civil Law | Date: | Hits: 117

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

....ey could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not available to the appellant because on the date of coming into force of the Non- Agricultural Tenancy Act, 1949 the appellant was not holding a......ty. By judgment and decree dated 23.3.79 the lower appellant Court allowed the appeal and dismissed the suit. 6. In Second Appeal No. 44 of 1980 the learned Single Judge of the High Court Division noticed both the Courts below took cognizance of the appellant's statement in the plaint that till 1......lant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not available to the appellant because ..

Category: Tenancy Law | Date: | Hits: 169

Zaker Hossain Vs. Abdur Rahim and Oth­ers, 1989, 18 CLC (AD)

....ahim and Oth­ers.....……………………………...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disp...... available by way of election petition before the Tribunal. In the circum­stances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disputed by some candidates. Election Commission’s approval or concurrence is necessary for fresh election if directed by the Returning Officers. Writ jurisdiction is not available in resp..

Category: Election Law | Date: | Hits: 152

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

....Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 passed by the High Court Division in writ Petition Nos. 1186 and 6591 of 2004.) ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......Not represented-Respondent Nos.2-133(In Civil Petition No. 990 of 2005). Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 p..

Category: Employment/Service Law | Date: | Hits: 56

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....ructed by Mrs. Azra Ali, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent No.2 Civil Petition for leave to appeal No.56 of 2005. (From the Judgment and order dated 13.12.2004 passed by the High Court Division in Civil Revision No.4504 of 2004.) Judge......he defendant restraining them from entering into the suit land by force or from constructing boundary wall or cutting away trees from the suit land. The trial court by order dated 9.11.2002 issued notice upon the defendants and ad-interim injunction was also passed not to disturb the peaceful po......Record-For the Petitioners Dr. Kazi Akter Hamid, Advocate, instructed by Mrs. Azra Ali, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent No.2 Civil Petition for leave to appeal No.56 of 2005. (From the Judgment and order dated 13.12.2004 passed by ..

Category: Property Law | Date: | Hits: 48

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....ior Advocate, Instructed by Nawab Ali, Advocate-on-Record-For Respondent Nos. 1. Not represented-Respondent Nos. 14-4. Civil Appeal No. 3 of 2002. (From the Judgment and Order dated August 10,1997 passed by the High Court Division in Second Appeal No. 162 of 1975). Ju......ng consideration as deposed by the scribe of the deed does in no way fit in with the case of the plaintiffs that transaction by Ext.1 was made for the future provision of Tofazzal Hossain. we have noticed that after marriage in Baishakh, 1346 B.S. Tofazzal and his wife stayed with Izzatulla Chow...... 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking declaration of title in respect of the land of schedule 'Ka' o..

Category: Property Law | Date: | Hits: 67

Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)

....ted by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by the High Court Division in Criminal Miscellaneous Case No. 5462 of 20......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ...... Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by..

Category: Criminal Law | Date: | Hits: 52

Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)

....d: Md. Nawab Alt, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No. 146 of 2003. (From the Judgment and Order dated 5th May, 2003 passed by the High Court Division in Criminal Appeal No. 1519 of 1994) J......urther nowhere in the deposition it has been stated that the accused respondent caused the injury for the non-payment of dowry and the incriminating evidence of the P.Ws. has not been drawn to his notice which shows that the accused respondent was not properly exam­ined which has prejudiced ......spondents Judgment December 8, 2004 Lawyers Involved: Md. Nawab Alt, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No. 146 of 2003. (From the Judgment and Order dated 5th May, 2003 passe..

Category: Procedural Law | Date: | Hits: 100

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....ructed by Md. Nawab All, Advocate-on Record-For the Petitioner. Respondents-Not represented. Criminal Petition for leave to Appeal No. 147 of 2003 (From the judgment and order dated 21st June, 2003 passed by the High Court Division in Contempt Petition No. 82 of 2002). ......other lands in the above Special L.A. Case No. 8 of 1964-65 purportedly under section 93A of the Town Improvement Act, 1953 for utilization in the scheme of Uttara Model Town; subsequently another notice purportedly under section 93(A)(a) of the above Act was issued for acquisition of the said l......5. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab All, Advocate-on Record-For the Petitioner. Respondents-Not represented. Criminal Petition for leave to Appeal No. 147 of 2003 (From the judgment and order dated 21st June, 2003 passe..

Category: Property Law | Date: | Hits: 33

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....A.S.M. Khalequzzaman, Advocate-on-record-For Respondent No.2 Not represented-Respondent No.1 Criminal Petition for leave to appeal No. 126 of 2003 (From the Judgment and Order dated 05.08.2002 passed by the High Court Division in Criminal Appeal No.2381 of 1998) Judgm......oclamation for person absconding in a criminal proceeding and Section 88 of the Code of provides for issuing order of attachment of property of person absconding. In the instant case it is already noticed that the accused petitioners have been on record, even present in court on the date of fram...... instructed by Nawab Ali, Advocate-on-Record-For the Petitioners A.S.M. Khalequzzaman, Advocate-on-record-For Respondent No.2 Not represented-Respondent No.1 Criminal Petition for leave to appeal No. 126 of 2003 (From the Judgment and Order dated 05.08.2002 passed by ..

Category: Criminal Law | Date: | Hits: 42

Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)

....nbsp;     M.A. Aziz J. - This petition for leave to appeal by the first party in a proceeding under section 145 of the Code of Criminal Procedure is from the Judgement and order dated 10.01.2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Ca......ngs under section 145 of the Code of Criminal Procedure. The submis­sions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......idul Huq, Advocate-on-Record.—For the Petitione.r Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not Represented-Respondent Nos. 2-35. Criminal Petition for leave to Appeal No. 51 of 2005 (From the judgment and order 10.1.2005 passed by the High..

Category: Criminal Law | Date: | Hits: 70