Judgment search - Chancery Law Chronicles

Displaying 4801-4820 of 4866 results.

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not completed within a certain period and so on. Salus populi est suprema lex—Regard for the public welfare is the highest law—and in each case the High Court Division will consi......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......ve burdensome inconvenience or deadlock or bottleneck, impedes or prevents assessment or collection of public revenue, stays the proceedings of inferior tribunals impeding its progress when speedy trial is the object of establishment of such tribunals, stops the implementation of a development w..

Category: Criminal Law | Date: | Hits: 119

Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)

....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......llip;…………… Respondent Judgment January 28, 1997. The Penal Code, 1860 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant ......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......petitioner and his wife Hamida Akhter Khatoon. 2. On the allegation that the accused petitioner had committed forgery in respect of the said two in heba-bil-ewaz deeds, he was put on trial before an Additional District Magistrate, Mymensingh to answer a charge under section 467 of ..

Category: Criminal Law | Date: | Hits: 92

Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)

....nbsp; October 21st, 1997. The Penal Code, 1860 (XLV of 1860) Sections 96—106 Right of Private Defence Under section 100 of the Penal Code the right of private defence of the body extends to the voluntary causing of death if the offence which......f the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapo......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ...... informant were inimically disposed towards him as his opponent in the election for the Chairman of the Union Parishad instigated them to file the false case against him. 6. Both the trial Court and the High Court Division rejected the special defence of the accused-petitioner.&nb..

Category: Criminal Law | Date: | Hits: 96

Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......, Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There having no evid......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......order dated 8-5-95 in Criminal Appeal Nos. 1523 and 1573 of 1993 dismissed the appeal of accused-appellant Altaf Hossain and affirmed the order of conviction and sentence passed against him by the trial Court but allowed the appeal of the other accused persons and acquitted them of the respectiv..

Category: Criminal Law | Date: | Hits: 104

Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)

.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......f 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......e Rent Case No. 38 of 1986. 4. Besides production of documentary evidence the plaintiff examined 4 witnesses including himself as PW 1 and the defendant examined 3 witnesses. 5. The trial Court decreed the suit holding, inter alia, that the defendant is a defaulter having defaulted..

Category: Tenancy Law | Date: | Hits: 93

Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)

....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......he Small Cause Courts Act, 1887 (IX of 1887) Section 25 Once it is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction on ground of purchase from a co-sharer without surrendering his possession to the land......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ...... year 1985. He paid rents till December, 1990, when he ceased to make payment of rents as the respondents failed to accede to demand of partition of his share in the building. 3. The trial Court believed the case of the respondents that the petitioner was a tenant under them and th..

Category: Property Law | Date: | Hits: 69

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....ant. We considered his submission and noticed that the High Court Division left out of consideration the alleged confession of the appellant Airport Manager as he had carried some injury in his two right-hand fingers while his confession was recorded by a Magistrate, but we found that the High C...... Judgment February 17, 1997. The Special Powers Act, 1974, sections 24B & 25D (i) We have heard with some compassion mixed with pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreig......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ree accused-appellants made confessional statements before a Magistrate. While the two foreigner-appellants never retracted from their confessions the appellant Airport Manager took the plea at the trial that the confession was extracted from him by coercion and torture. The High Court Division, ..

Category: Criminal Law | Date: | Hits: 130

Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)

....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ...... Judgment May 8, 1995. The Code of Civil Procedure, 1908 (V of 1908) Or. V r. 17 The petitioner on appearance filed written objection against the petition for temporary injunction but on his failure to file written statements in the original suit, the s......in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......efendant-petitioners, submits that there being no service of summons on defendant No. 7 Jaripuddin, the learned Single Judge of the High Court Division erred in law in affirming the judgment of the trial Court. 5. It appears that the learned Single Judge examined the records of the..

Category: Property Law | Date: | Hits: 74

Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)

....ovision of section 47B of the Insurance Act which displaced the discretion conferred on the court under section 34 of the Code of Civil Procedure, thereby depriving the appellant of its statutory right to get interest at the statutory rate for more than five years.” ......AR Yusuf, Senior Advocate, instructed by Sharifuddin Chaklader — For the Respondents (In both the appeals and petitions.) Civil Appeal No. 76 of 1997 With Civil Petition for Leave to Appeal No. 236 of 1997. Judgment &nbs......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......aw. The plaintiff appellant is entitled to the statutory interest under section 47B of the Insurance Act 1938 and the High Court Division not granting the same met a mistake. Thus, judgment of the trial court granting the relief be restored. ………………&hellip..

Category: Business or Commercial Law | Date: | Hits: 147

Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)

....the defendant-petitioners that for relief of declaration of title, as prayed for in the plaint, the period of limitation is six years as enjoined in Article 120 of the Limitation Act, and since the right to sue accrued from 20-4-1986 the suit is barred by limitation. The contention seem......908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …&hellip......he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at the time of trial, the plaint of the suit cannot be rejected as prayed for. …………(7)..

Category: Property Law | Date: | Hits: 52

Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)

....III of 1951), Section 96 Pre-emptor was not a tenant of the case holding recorded in S.A. Khatian No. 185, whereas the respondents were co-sharers by purchase in that holding. Hence, it was rightly held that the pre-emptor had no locus standi to file the pre-emption case in respect of lan...... instructed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner (In both the petitions). Not represented —the Respondents (In both the petitions). Civil Petition for Leave to Appeal No. 578 of 1994 with Civil Petition for Leave to Appeal No. 579......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......p; Latifur Rahman J.- Pre-emptor-petitioner filed Miscellaneous Case No. 3 of 1989 under section 96 of the State Acquisition and Tenancy Act and the same was allowed by the trial Court. Against that judgment and order pre-emptee respondents preferred Miscellaneous Appeal..

Category: Property Law | Date: | Hits: 51

Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)

....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ...... Vs. State………………..Respondent Judgment May 4, 1997. The Penal Code, 1860 (XLV of 1860), Section 471 The punishment being awarded under section 471 of the Penal Code for four years along with fine instead of maximum of two years along with fine, the highest punishme......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ...... the Revenue Office, Kashiani Upazila. The appellant however denied the charge and claimed to be innocent. On consideration of the evidence of 10 prosecution witnesses the defence examining none, the trial Court found the appellant guilty under section 471 of the Penal Code and accordingly sentenced..

Category: Anti-Corruption Laws | Date: | Hits: 71

Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)

....uary 1952. On the death of Nimai Chand the plaintiff who happens to be his only son got the property by way of inheritance. He has since been in possession of the said land. The defendants have no right, title or interest therein. However, they managed to have the said land recorded in their nam......esent case important material evidence had been ignored. The learned Single Judge has correctly noticed that the lower appellate Court misread the evidence on record and failed to take note of the aforesaid material evidence in arriving at its findings of facts. Hence there is nothing to interfer......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ...... Nos. 2-3 who had since been in possession of the same and that defendant No. 1 had obtained an ex parte decree in Title Suit No. 59 of 1962 in respect of the land in question. 4. The trial Court on consideration of the facts and circumstances of the case and the evidence on record..

Category: Property Law | Date: | Hits: 49

Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)

....ional District Judge without considering that two contradictory orders will lead to anomalies. 5. The learned Judge of the High Court Division found that the plaintiff-respondent has rightly invoked the jurisdiction of the learned District Judge under section 73 of the Trade Marks ......rade Marks Act, 1940, section 73 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, Rule 1 Interlocutory orders are based on prima facie findings upon the materials produced before the Courts at the time of hearing of such matters and upon satisfaction of the Court that the......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......t the time of hearing of such matters and upon satisfaction of the Court that the plaintiff has been able to establish prima facie arguable case in its favour. Such findings are not binding on the trial court which will decide the matter on merit after taking evidence and without taking into con..

Category: Intellectual Property Law | Date: | Hits: 242

Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)

.... Judge, we do not like to interfere with the said finding of fact as the same is based on evidence and there is no perversity or illegality in affirming such finding of fact. The learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is d...... November 16, 1995. The Transfer of Property Act, 1882 (IV of 1882), Section 106 The tenant defendant’s denial of the landlord plaintiff’s title without any valid reason may operate as forfeiture of tenancy and in such a case notice under section 106 of the Transfer of Property Act ma......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......use Rent Controller in favour of her mother. He also denied the relationship of the landlord and tenant and asserted that as he is depositing rent in House Rent case he is not a defaulter. 4. The trial Court found, inter alia, that defendant No.1 was aware of the transfer of the ownership of the..

Category: Tenancy Law | Date: | Hits: 78

Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)

....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......�…….(4) Lawyers Involved: Abdul Malek Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record — For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 92 of 1996. Judgment Bimalendu Bikash Roy Choudhury J.- In a case ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......s and to other finding of facts, this Division will not interfere as the learned Judge of the High Court Division has considered all material aspects of the case justly and upheld the judgment of the trial court………………….(4) Lawyers Involved: Abdul Malek Senior Advocate, instruct..

Category: Criminal Law | Date: | Hits: 95

Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)

.... then moved the High Court Division in revision. By the impugned judgment and order a learned Single Judge of the High Court Division discharged the Rule holding, inter alia, that the trial judge had rightly rejected the prayer for amendment of the plaint inasmuch as in asking for recovery of khas p......d. The Code of Civil Procedure, 1908 (V of 1908), Order VI Rule 17 The Court at any stage of the proceedings may allow either party to alter or amend his pleadings as may be just and necessary for the purpose of determining the real question in controversy. The proposed amendments for recover......laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......sion in the suit land stating, inter alia, that during the pendency of the suit defendant No.1 in collusion with some of the tenants of the plaintiff dispossessed them from the suit land. 5. The trial Court by an order dated 7-3-90 rejected the prayer for amendment holding, inter alia, that the..

Category: Property Law | Date: | Hits: 83

Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)

....t (as claimed by the plaintiffs), the plaintiff not having exclusive possession and involves question of complicated title, without such relief, the suit cannot proceed. The lower appellate court has rightly held that the suit for mere declaration as framed is not maintainable.…………….(8 &am...... and others………………….Respondent Judgment July 31, 1997. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff not asking for further relief of joint possession or partition as co-sharer of the defendant (as claimed by the......plaintiff No. 2 petitioner has preferred this petition for leave to appeal from the said judgment of the High Court Division. 6. Mr. Md. Fazlul Karim learned Counsel appearing for the petitioner, fairly and frankly submits that he does not challenge the finding of the lower appellate Court that ......said deed of gift. According to the contesting defendants, the suit as framed is not maintainable. 3. On consideration of the oral evidence. 3 PWs and 5 DWs and number of documentary evidence the trial Court by its judgment and decree dated 30-6-91 decreed the suit. 4. On appeal, Title Appea..

Category: Property Law | Date: | Hits: 93

Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)

....1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXIII r. 1(1) Order 23, rule 1(1) of the Code of Civil Procedure clearly gives an unqualified right to a plaintiff to withdraw from suit at any time. When the plaintiff withdraws from his suit w...... Md. Sajjadul Huq, Advocate-on-Record — For the Petitioners. Shahab uddin Ahmad, Advocate-on-Record — For the Respondent Nos.1-5. Not Represented— Respondent Nos. 6-39. Civil Petition for Leave to Appeal No. 577 of 1995. (From the judgment and order dated 3 April, 1995 passed by t......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......Court of Munsif, Kushtia for declaration of title with averments which are not necessary to be stated to decide the legal postulation made in this petition. 2. The plaintiff lost the case at the trial Court. His appeal, Title Appeal No. 84 of 1981 was also fruitless. The plaintiff thereafter pr..

Category: Property Law | Date: | Hits: 77

Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)

....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ...... valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property, canno......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......er alia, that the original record owners of the suit land had left this country for India and settled there long before 1965 and accordingly the property has been listed as vested property. 4. The trial Court dismissed the suit holding, inter alia, that the plaintiffs could not prove the basis of..

Category: Property Law | Date: | Hits: 73

Search Options

Judgment Advanced Search