Search Options
Judgment Advanced Search
Displaying 4721-4740 of 5707 results.
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 1882 of 2003 making the Rule absolute. 2. Prosecution case, in brief, is that on 07.03.2002 at about 7.30 P.M. the inf......rief, is that on 07.03.2002 at about 7.30 P.M. the informant's brother Azahar Gazi was talking with the other members of his family sitting in his dwelling house. At that time some unknown persons called him out on the pretext of hiring of his rented house. As soon as the informant's brothe......ection 302/34 of the Penal Code against 5 accused persons including the respondent. The case was transferred to Druto Bichar Tribunal, Barisal being Druto Bichar Tribunal Case No.1 of 2003 for trial and disposal. 4. The respondent filed an application under section 526 of the Co...... 2004. Judgment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 188..Category: Criminal Law | Date: | Hits: 41
....y dated 9.7.1998 executed by Benode Behari Dutta in favour of Ramesh Chandra Barman, the defendant in the above suit, is illegal, fraudulent, void, without jurisdiction and not binding upon him and also praying for an order of permanent injunction restraining the defendant/petitioner from making any......utably settled by the decision of their Lordships of the Judicial Committee in Vidya Varvthi Thirtha v. Balusami Ayyar (1), that a shebait is a mere manager of an idol and is almost by courtesy called a trustee, though he does not occupy the position of a trustee as understood in the English......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......2008) 24, 19 BLT (AD) (2011) 07.
..
Category: Civil Law | Date: | Hits: 111
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....lding investigation subsequently. He completed the investigation work and thereafter, on obtaining sanctions orders of the Government, submitted charge sheet on 3-10-1990 against the accused person under section 409 of the Penal Code and under section 5(2) of the Prevention of Corruption Act, ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......uption Act, 1947 as the defalcated amount of money was found to have been already deposited after filing of this case. Though the accused was found guilty under section 409 of the Penal Code too, the trial Court did not pass any separate sentence under the said offence. 5. Mr. Habibul Islam Bhuiy......ocate, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by the High Court Division in Criminal Appeal No. 1296 of 1994..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....the office of the Assistant Commissioner (Land) Mirzapur and after consulting the record of the Miscellaneous Case No. 6 (XIII) of 1994-1995 found that the opposite parties, herein appellants, have sought for correction of the record of rights on the basis of the order of the 3rd Court of Munsif, ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......It is seen from the Rule 39 in Chapter 8 of the Tenancy Rules, 1955 a Revenue Officer when he acts as settlement officer or objection officer shall have all powers exercisable by a Civil Court in the trial of suits under the Civil Procedure Code, 1908 (Act V of 1908). 20. In the background of the...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Sahera Khatun & others…………………..Appellants Vs. Abdur Rahim SK and another............Respondent Judgment August 22, 2007. Cases Referred to- Idrish ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....in part. The High Court Division commuted the sentence of death passed in respect of the convicts Idris Ali Sheikh alias Gandu Sheikh and Samad Mollah (member) alias Abdus Samad Khan to rigorous imprisonment for 10 years and to a fine of Taka 10,000 each, in default to suffer rigorous imprisonment f......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ...... Code and thereupon sentence of death was passed in respect of the said convicts. 3. The High Court Division by the same judgment also commuted the sentence of imprisonment for life passed by the trial Court as regard Rabiul Molla (Rabiul), Wahed Khan and Abdus Salam Molla to 10 years rigorous i......m vs State 27 DLR (AD) 29; Babor All Molla vs State 44 DLR (AD) 10; Ustar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nuru..Category: Criminal Law | Date: | Hits: 63
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
.... declaration of title in respect of the property in suit and in the said suit the defendants filed an application under Order VII, rule 11 read with section 151 of the Code of Civil Procedure and also filed an application under Order XXXIX (4), CPC for vacating the order of ad-interim injunction.......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......under Order VII, rule 11 read with section 151 of the Code of Civil Procedure and also filed an application under Order XXXIX (4), CPC for vacating the order of ad-interim injunction. 4. The trial Court by the order dated August 3, 2006 rejected the petition and stayed further proceedings......Division (Civil) Present: Md Ruhul Amin J Md Fazlul Karim J M.M. Ruhul Amin J Shahanaz Begum.....................Petitioner Vs Md. Kutubuddin and others.......Respondents Judgment August 29, 2007. Lawyers Involved: ..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....of the High Court Division, Dhaka set aside the lower appellate Court's judgment in the absence of the pre-emptee appellant in Civil Revision Case No.616 of 1984 on 16.5.85. A Review Petition was also dismissed on 28.7.85. 2. Leave was granted to the pre-emptor appellant to consider whether not......ure in the return in presence of witnesses. Nothing has been shown to the High Court Division that the appellant's father was ill and senseless when he received the notice. Hence no interference is called for with the finding of the High Court Division that the appellant was aware of the Rule. ......of 1976 for pre-emption under section 96 of the State Acquisition and Tenancy Act in the 6th Court of Munsif, Dhaka, resisted by the pre-emptee appellant on the ground, inter alia, of limitation. The trial Court allowed pre-emption, but the lower appellate Court refused pre-emption. Both the Courts ......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Motalib..................…………………...Pre-emptee-Appellant Vs. Iman Ali Mollah and others.....................Pre-emptor-Respondents Judgment March 14, 1990. Result: ..Category: Procedural Law | Date: | Hits: 119
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....annel Cinema Ltd. represented by Managing Director having office at Madhumita Cinema Hall Building, 158-160 Motijheel C/A. Dhaka................Plaintiff-Appellant. Vs. Chowdhury Golam Malek, son of Choudhury Hasan Imam, Proprietor of M/s. Madhumita Bar of 158-160, Motijheel C/A, P.S. Motijh......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......efendant-Respondent Judgment December 6, 1989. Result: The appeal is dismissed. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(1)(e) Words & Phrases. The trial court decreed the suit on the ground of bona fide requirements however the appellate court uph......rds & Phrases. The trial court decreed the suit on the ground of bona fide requirements however the appellate court upheld the decree not on bona fide requirements but on the ground of default and did not consider the question of bona fide requirement. So the findings in this regard cannot be..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....der sub-section (2) of section 34 that the Court has refused such interest and the interest awarded will be payable only from the date of the decree. In support of his submission he has referred to some decisions to which we shall advert in due course. 9. Mr. Shafique Ahmed, learned Counsel for......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......Respondents. Judgment December 5, 1989. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was all......J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Sonali Bank………………………….….………………..Judgment debtor Appellant. Vs. Mahbubul Amin and anr...........................Decree holder-Respondents. Judgment December 5, 1989. Re..Category: Civil Law | Date: | Hits: 113
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
....Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and p......stituted and brought on record. 5. Mr. Md. Joynal Abedin, the learned Counsel, challenged the legality of the conviction on the ground of contradictory and insufficient evidence which necessarily called for the scrutiny of the evidence. It transpires that the application was made for allotment......s further stated that Lutfor Rahman and Abdur Rahman, two employees of the office of the Sub-Divisional Officer, Bogra, lifted 10 bags of milk powder by means of false personation using his name. The trial Court, however, convicted the appellant. 3. The learned Counsel appearing for the appel......The appeal is allowed. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanctio..Category: Anti-Corruption Laws | Date: | Hits: 125
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, 1989. R......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......e learned Additional District Judge, by judgment and decree dated 20.6.87 reversed the aforesaid decision and decreed the suit in terms of prayer (b)(c) and (d). As to prayer (a) he agreed with the trial Court that it was unnecessary and held further that it was also barred by res judicata. The le...... J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, ..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ction 439 Rules of the High Court Division, Part 1, Chapter 11, Rule 7 Rule 7 A revisional application challenging an order of acquittal involving an offence punishable with sentence of imprisonment exceeding one year is beyond jurisdiction of a single bench of the High Court Division. C......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Ahsan Sarfun Nur @ Mukul others.……………………………………..Appellants Vs Nurul Islam Sarder and another......…………………………………Respondents Judgment March 8, 1989. ..Category: Criminal Law | Date: | Hits: 40
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....man J.- This appeal is directed against the judgement and order dated 8th January, 1989 passed by a Division Bench of the High Court Division, Dhaka in Writ Petition No. 264 of 1988 making the Rule absolute. In that petition respondent No. 1, Oli Ullah Khan, challenged an order dated 1.4.1988 of t......ssion's order for re-election. In the result, the appeal is allowed. The judgement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......sent: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Moulana Abdul Matin..................................................Appellant Vs. Oli Ullah Khan and others ...........................................Respondents Result: The appeal is allow..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....respondent prayed for leave to deposit the balance consideration money with statutory compensation which the appellants opposed and such conduct of the appellants signifies their intention to achieve something indirectly, that is frustrating the very pre-emption proceeding. The learned Munsif rightl......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......the pre-empted land would come to Tk. 8,680/- and since the deposit is short the application for pre-emption must fail. 3. It appears that on 16.11.83 the pre-emptor made an application before the trial Court for leave to deposit the balance consideration money with statutory compensation. This...... Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....l Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Ziaul Huq and others……………………………….......................Petitioners Vs Messers Business Resources Ltd. & others...................Respondents Judgment March 29, 1989. Result: ...... fulfilled, even the demolished Science Building which was in dilapidated condition will be reconstructed by the defendants. 14. As has been noticed that this is a representative suit which is called' public litigation these days. Courts have expressed their anxiety in such a litigation. The ...... অনুমতিকে সরকারের অনুমতি হিসাবে গণ্য করা যাইতে পারে।” As for the demolishing of the Science Building the trial Court accepted the contention of the defendants "উহা একটি জীর্ণ ও ......s also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ed principle of law that if jurisdiction clearly conferred on a Court is to be ousted, the exclusion of such jurisdiction must be made in clear and unequivocal terms…(8) Cases Referred to- Musson V. Emile [1964] 1 WLR 337; Kirkness V. John Hudson & Co. Ltd. [1955] A.C. 696; Ormond Invest......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......o the jurisdiction he exercises while silting as a Court." 6. An election dispute, relating to right to office, is no doubt civil in nature and the procedure laid down in Rules 47 and 48 for the trial of such disputes is the same as that of an Ordinary Civil Court. After considering these rul...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mohammad Julfikar………………......................Appellant Vs. Abul Kalam Chowdhury and others.....................Respondents (In Civil Appeal No. 40 of 1989) Abdul Mannaf...........Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....rt which had already been executed. 5. In the circumstances of the case the proper order was to direct respondent No. 1 to file objection, if any, to the Advocate Commissioner's report if he was so advised. It appears from the copy of the order sheet that defendant Nos. 6 and 8-11 also object......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ourt Division having found substance in the contention deleted only those portions from the points referred to for local inspection. 4. It, however, appears from the copy of the order sheet of the trial court that the report of the Advocate Commissioner was already before the Court on 30.11.86 wh......reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....nd that of the Returning Officer which gave an appearance that the election was held peacefully the High Court Division set aside the order of Election Commission for re-poll. Respondent No.1 was also directed to publish the result of the election that was submitted by the Returning Officer. 3.......ission's order for re-election. In the result, the appeal is allowed. The judgment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29 Direction for holding re-election passed by the election commissioner on the basis of the report of the returning officer and such report being gathered from the report of the presiding officer, the High Court Division act..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....rder passed by the High Court Division in First Appeal No. 40 of 1965. 2. The plaintiff-Respondent filed a title suit being Title Suit No.35 of 1962 for a declaration that the order of his compulsory retirement passed by the Commissioner of Income Tax on June 29,1959 was illegal and without jur......e to him, proportionate or otherwise- by an order of the authority mentioned in clause(3) made before the first day of July 1959, and no appeal shall lie against such order nor shall such order be called in question in any Court." 7. Now clause (3) may be considered which reads as follows:— ......e 29,1959 was illegal and without jurisdiction alleging, inter alia, that the Commissioner of Income Tax, East Pakistan was not the competent authority to order his compulsory retirement. 3. The trial Court found that the order of compulsory retirement was, in view of the amendment of section......ury J Shahabuddin Ahmed J ATM Afzal J The Republic of Pakistan (Now Bangladesh)................................Appellant Vs A.N.M. Serajul Haque being dead his heirs: Jahibul Hoque and others..................Respondents Judgment March 2, 1989. Result: The appeal is al..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....tire consideration executed kabala (Ext. 1) on 29.4.63. Then income tax clearance certificate was obtained on 8.2.64 but the kabala was not registered as defendant No. 1 was away from his house and soon thereafter the East Pakistan Disturbed Persons (Rehabilitation) Ordinance, 1964 was promulg......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ...... failed to prove his own case. Accordingly the suit was dismissed by judgment and decree dated 19.9.75. On appeal by the plaintiff, the learned Subordinate Judge, Pabna agreed with the finding of the trial Court as to limitation but reversed the other finding on merit holding that the plaintiff ......rt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh, represented by the Deputy Commissioner, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another....................Category: Procedural Law | Date: | Hits: 132
20132012200820062005200420032001199719951992199119891988198619851982198119801979