Search Options
Judgment Advanced Search
Displaying 481-500 of 5707 results.
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
..... Tafazzul Islam J. - This petition for leave to appeal has arisen out of the judgment and order dated 11.08.2009 of the High Court Division passed in Writ Petition No. 9788 of 2007 making the Rule absolute. 2. The respondent filed the above writ petition seeking payment of part of his salary und......rnment College, Barisal, as representative of the Director General of Intermediate and Higher Education, Dhaka and the Inspector of Colleges of Board of Intermediate and Secondary Education, Barisal, called him for interview and he, having secured highest mark amongst all the candidates who faced th......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......d Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Education and another..............................Petitioners Vs. Syed Md. Belayet Hossain ..............Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
....ers………………………Petitioners Vs. The State and another……………………….....Opposite party Judgment December 8, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 200 Naraji p...... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ......final report before the Magistrate. 5. The learned Magistrate upon receipt of the police report transmitted the case record to the Court of Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj for trial. Thereafter, the complainant filed a naraji petition on 19.06.2000 against the final report b......LR (HCD) (2010) 420. ..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦..Accused-Petitioner Vs. The State and others…………………………….Opposite Parties Judgment November 09, 2009. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); sections 138 ......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ......bail. 5. Ultimately, the case was transferred to the Court of the learned Additional Sessions judge and Joint Metropolitan Sessions Judge (in-charge), Second Court, Chittagong, for disposal. The trial Court framed charge against the accused-petitioner under Section 138 of the Negotiable Instrum......urt High Court Division (Criminal) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Jubayer…………………………..Accused-Petitioner Vs. The State and others…………………………….Opposite Parties Judgment November 09, 2009. ..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
.... The State and another…………………………..Opposite parties Judgment October 11, 2009. Result: The Rule is made absolute. Trap cases The trap cases have been distinguished from all......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ...... by the accused-petitioner was rejected and the charge under Section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 was framed against the accused to stand his trial. 6. Being aggrieved by that the accused-petitioner has come to this Court for quashment o...... Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opposit..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....it was reported, the Courts are not left with any objective test for gauging the truth of the story of the prosecutrix. In a case of this kind, it is very necessary that before finding the accused persons guilty of rape, the Court should be satisfied that the story of rape by the victim, thewoman, i...... that he heard that the informant was of questionable character. 16. P.W.3 is the brother of the victim and he deposed that the informant told him about being raped. He deposed that a salish was called and a complaint was lodged with the local Union Parishad but the accused persons did not appe......used persons under section 6(3) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. 4. The case was transferred to the Court of the Nari-o-Shishu Nirjatan Daman, Bishesh Adalat for holding trial. 5. Prosecution examined 15 witnesses and the defence examined none. 6. The defence ......11) 245. ..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....s. Government of Bangladesh and others, 61 DLR 232. Lawyers Involved: Dr. Naim Ahmed, Advocate-For Aparajeyo-Bangladesh. Ms. Fahima Nasrin, Advocate-For Bangladesh National Women Lawyers Association. Md. Motaher Hossain, Deputy Attorney General with Md. Soyeb Khan, Assistant Attorney G......ildren across the globe over the last 100 years had been considered in the decision of Roushan Mondal, cited above. Sadly, it appears that only lip-service is paid by many countries, including the so-called developed countries, to ‘the best interests of the child.’ We note that when it comes to ......rnoon for recording her statement under section 22 of the Nari-o-Shishu Nirjatan Daman Ain, 2000. Since he was engaged with functions of Cognizance Court of Balagonj, Osmani Nagar, Companigonj Thana, trial Court of Senior Judicial Magistrate First and Second Court, recording of statements of as many...... Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is dispose..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....a consideration of Tk. 1,500.00. The preemptor is holding land in
plot No.487 and 488 to the contiguous north of the case land. The pre-emptor
petitioner further stated that the opposite party No.2 sold the land to the
opposite party No.1 collusively and no notice of transfer has been served upon......led by the petitioner today be treated as part of the main
revisional application.
2. The Rule was
issued at the instance of the pre-emptee on the following terms:
"Let the
records be called for and a Rule issue calling upon the opposite parties to
show cause as to why the order dat......with the order of the Trail Court preferred appeal
before the District Judge, Faridpur. After hearing the parties the appeal was
allowed and the pre-emption case was remanded to the Trial Court for trial
afresh on fresh evidence giving opportunity to the parties.
7. After the
remand, the Tr......urt Division
(Civil)
Present:
Md. Mamtaz Uddin Ahmed J
Tobarak Ali Bepari…………………………Petitioner
Vs.
Hachen Kha Being
Dead His Heirs 1(A) Razzak Kha and others…………………….Opposite Parties
Judgment
August 25, 2009.
Result..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....ng jute from the jute dealers’ (bepary) boat to the mill. Day labourers used to get their remuneration from the beparies. For staying the day labourers, in 1324 BS on the land of Rally Brothers some temporary huts were constructed with bamboo and tiles. Rally Brothers did not take any rents fr......ourt. Government by ordinance No.24 of 1993 dismantle/abolish the Jute Corporation and all properties were vested under the Jute Ministry. For selling the suit property earlier three tender were called for but the price having not been up to the mark, it was put for further tender on 30-9-......and was put under the control of the Ministry of Jute and Textile of the Government of Bangladesh as acquired property cell (Rally) and Special property cell (Jute). After abolishing of the industrial units and converted into Bangladesh Jute Corporation, the properties of Rally Brothers' wa...... High Court Division (Civil) Present: Sharif Uddin Chaklader J Md Emdadul Haque Azad J Shamsul Hossain...............................Appellant Vs. Anwar Hossain and others..................Respondents Judgment August 20, 2009. Result: The Ap..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....pon a petition of complaint on the facts, shortly as follows: The petitioner started business on behalf of his firm Angel Computers Limited with the complainant company for selling computer accessories imported by the complainant company; that a bilateral agreement was executed on 12-5-05 betwe......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ......eafter, the accused petitioner moved a petition under section 265C of the Code of Criminal Procedure with prayer to discharge him. But the said petition being rejected by order No.7 dated 15-5-07 the trial Court framed charge under section 138 of the Negotiable Instruments Act (NI Act). Thus being a......h Court Division (Criminal Miscellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Sheikh Mashuk Rahman..…………………Petitioner Vs. State and another……............Opposite Parties Judgment August 16, 2009. Cases Referre..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
....on Chandra Shaha and Nagor Bashi Saha got the suit land on the basis of Execution Case No.89 of 1937 and the said two brothers were possessing the suit land in ejmali. Gagon Chandra Saha had no sons while Nagor Bashi Saha had 5 sons and the said 5 sons were residing in ejmali with Gagon Chandr...... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ...... land. The contesting defendants further claimed that they are in possession of the suit land and that the plaintiffs have no title or possession therein and prayed for dismissal of the suit. 5. The trial Court on consideration of the evidence on record found that- the suit land fell in the saham o......rt Appellate Division (Civil) Present: MM Ruthful Amin CJ BK Das J Md. Muzammel Hossain J Sree Ashish Kumar Shaha Roy..............Plaintiff-appellant-petitioner Vs. Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This pe..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....order dated 26-7-2007 passed by the special Court No.3, Dhaka in special Case No.1 of 2007 arising out of Tejgaon PS Case No.19(3)07 convicting the accused appellant and sentencing him to suffer imprisonment for 3 years under section 26(2) of the Anti-Corruption Commission Act, 2004 read with Rule 1......t Zibon Krishna Roy 2/3 times. He does not know Sharmin Ferdousi. No one recorded his statement. He denied that on 17-4-2006 Sharmin Ferdousi recorded his statement. Further, he stated that Amanat is called financial instrument. IFIC Bank has financial instrument. 55. P.W. 6 is Md. Rezaul Karim...... Senior Special Judge, Dhaka took cognizance of the case and transferred the case for disposal by the Special Judge, Court No. 3 Dhaka. Before framing of charge, the said Commission prayed before the trial Court for further investigation. The trial Court allowed the application for further investiga...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....p;..Petitioner
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
July 5, 2009.
Result:
The Rule is made absolute.
Case Referred to-
Shamsuddin Ahamed Vs. Mohad. Hassan and others, 31 DLR (AD), 155...... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......different issues were settled including issue of maintainability, and issue whether defendant was a defaulter in payment of rent and plaintiff has bona fide requirement of suit, premises.
6. The trial Court by the impugned judgment and decree, decreed the suit. Hence the Rule.
7. The ......aul Karim J
Radha Shyam Sarker……………………………..Petitioner
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
July 5, 2009.
Result:
..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
...., 3rd Court, Dhaka against the petitioner and the proforma-defendant No.2 for Specific Performance of Contract. 3. The facts of the case, in brief, are that the petitioner is the owner and possessor of the suit lands by purchase. That for need of money the petitioner offered to sell the suit la......Most. Abu Tara. Moreover, in the eye of law it is not at all a deed of contract by which a suit for Specific Performance of Contract can be filed. He also submits that the scribe and the Typist of so-called Bainanama was not examined as witness and out of 4 attesting witnesses only one attesting wit......rder to grab the suit land the opposite party No.1 has fraudulently created the alleged Bainanama out of greed and therefore the suit is liable to be dismissed with cost. 5. During the course of trial the learned Joint District Judge, 3rd Court, Dhaka on consideration of the evidence on record ......Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appella..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....lant has been paying the loans money in instalments and the deposit receipts had been burnt by fire of the defendants’ house. The defendant faced serious trouble by fire breaking in his house and also adverse possession of the business place and by the flood of 1988 became hopeless. The fact of re......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......cated to the defendant. The defendant is entitled to get the benefit of deposited money he already given and thus the defendant prayed for depositing the unpaid amount in 12 installments. 4. The trial Court framed 3(three) issues which are as follows:- 1. Whether the suit is barred by limi...... No one appears-For the respondents. First Appeal No. 9 of 1997. Judgment Mashuque Hosain Ahmed J.- This appeal preferred by the plaintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Ar..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
.... The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal tria......encing accused appellant under section 9(1) of the Nari-O-Shishu Nirjatan Daman Ain, 2000. 15. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record to come to a proper decision in this appe......ry system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the p......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment June 22, 2009. Result: The appeal is allowed. Presumption of innocence The fundamental and basic presumption in the administration of Criminal law and justice delivery system is that th..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioners Vs. Hasneara Begum and others…………………………Opposite Parties Judgment May 28, 2009. Result: The Rule is made absolute. Setting aside decree ex parte against defendant Scope of Order IX Rule 13 ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......audulent and not binding upon the plaintiffs. 3. The opposite parties as defendants contested the suit by filing written statement denying all material allegations made in plaint. 4. The trial Court by the judgment and decree dated 21-06-1998 decreed the suit on contest. Then on 21-10...... This Case is also Reported in: 30 BLD (HCD) (2010) 312. ..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and anothÂer, 2009, 38 CLC (HCD)
....he accused petitioner has not received any notice. The signature as shown in the acknowledgement due does not tally with the hand writing of the petitioner and the comÂplainant opposite party No.2 also forged the same with intent to harass and humiliate the accused petitioner through this false cas......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliÂance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ....... V of 1898); section 561A Non disclosure of the date of receipt of notice under secÂtion 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after takÂing evidence and thus non-disclosure of date of receipt of notice and consequently ......reme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Sheikh Md. Nurul Haque…………………………Petitioner Vs. The State and anothÂer…………………………Opposite Parties Judgment May 26, 2009. Result: ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
.... BLC (HCD)(2009) 694. ......icy on sexual harassment and to date there has been no step in the right direction towards approving such a policy. In May 2006, the students of the Botany Department of Rajshahi University called a strike on the campus demanding removal of Prof Nurul Aman for alleged sexual harassment of ......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......iginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....resent: Sharifuddin Chaklader J Md. Emdadul Haque Azad J State. ……………............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009. Result: The Death Reference is rejected and connec......ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......ns 'to continue to be in a particular place for a period of time without moving away'. To hold anyone as guilty of the offence under this Ain, 2000, for trafficking, then the accused should be put on trial when the victim was found to be under the custody and control of the offender at least for a c......¦â€¦............................Appellant Vs. Anjali Debi alias Monju Debi………….Condemned Prisoner Judgment May 5, 2009. Result: The Death Reference is rejected and connected Criminal Appeal with the Jail Appeal is allowed. The Nari-o-Shishu Nirjata..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....e learned Chief Metropolitan Magistrate on appreciating the said legal aspect rightly took cognizance of the offence and after transfer of the case the learned Metropolitan Assistant Sessions Judge also rightly framed charge against the accused petitioner. He further submits that there is no legal g......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......record was transferred to the Metropolitan Sessions Judge, and the Metropolitan Sessions Judge, in turn, transferred the case record to the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka for trial who perused the record and framed charge against the accused petitioner. 4. Being aggrieved...... Act against the accused petitioner Md. Sirajul Islam alleging, inter alia, that the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-10-2005 f..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
81448602789786828026530085878962528085747124799584225464858885868107328983216866