Search Options
Judgment Advanced Search
Displaying 501-520 of 3456 results.
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....ossession of the land although plaintiffs in support of their claim of possession have examined solitary witness PW 2, that High Court Division as well as the court of appeal below were in error in holding that Exhibit 1 was authenticated by the Office of the Deputy Commissioner (Revenue), Comil......the property was exchanged by an Irrevocable Power of Attorney which was registered on May 24, 1963 in the office of the Munsif‑cum‑Magistrate, 1st Class, Udaypur, Tripura, that on their coming over to then East Pakistan they submitted the said Irrevocable Power of Attorney in the form of exc..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....by this judgment. 2. Leave Petition No. 975 of 2001 has been preferred by the writ petitioner MA Gafur in Writ Petition No. 4188 of 1999 discharging the Rule and consequent thereupon upholding the order of retirement passed against the writ petitioner under section 9(2) of the P......n (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Defence and another..............Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....r issued the prescription in the hospital. He received medicine from the hospital and also purchased some medicine from the outside shop. At a tea stall at Jhalakati one Haridas Dey gave proposal for holding a salish. In cross-examination he stated that the quarrel started before holding the salish....... a scooter. She lodged an ejahar, which was marked as Exhibit 1 and her signature was marked as Exhibit 1/(a). Doctor Shahidul Islam gave certificate as regards the injury suffered by her. She handed over the certificate to the police. She has no children. The other accused persons assaulted her. In..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....s, ... there is a total absence of the ingredients of the offence of forgery as defined in sections 463 and 464 of the Penal Code and so the High Court Division fell into a grave error of law in upholding the conviction and sentence of the petitioners under sections 468/109 of the Penal Code&quo......l Islam Chowdhury. 3 DLR 201: Ali Akbar vs State, 10 DLR 354: Gunjar Mahmmad and another vs Shuruz Ali; (1922) LXIX IC 451 = AIR 1924 Cal 536; Adaikalammai vs Raman, (1909) ILR 32 Madras 90; State Government Madhya Pradesh vs Hifzul Rahman and others, AIR 1952 Nagpur 12 and AIR 1969 Guzrat 1..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....eeing an interlocutory matter and made same findings touching the merits of the suit which could be avoided", but learned Single Judge of the High Court Division himself made the same mistake in holding absolutely on no basis to the effect that "I am of the view that the reasons on which t......uddin Munshi, a registered private school has been running for a long time established in a piece of land under Laxmikanta mouza in plot no. 87 under police station Zazira, District Shariatpur, that Government allotted taka 7,50,000 (seven lac fifty thousand) for consideration of the school building..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
.... report there is no mention that the tongue was protruded or any detail injury of vagina and vagina also may be torn by accident. 16. PW 16 Constable No. 404 Sree Gopal Chandra stated that after holding of inquest by the Investigating Officer he carried the dead body to the morgue and put his s...... Harish and Harun might have kidnapped his daughter. At about 1-00 AM, PW Abdul Jabbar started shouting that he found a dead body in his Kachcha latrine and the informant and others went there and recovered the dead body from the latrine and identified the dead body of Hazera Begum. Hazera Begum was..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....oners are not directly affected. The High Court Division ignoring the guidelines determined by the Appellate Division as to locus standi to maintain a public interest litigation acted illegally in holding that public litigation may even he directed against less fortunate persons when the questio......s court under constitutional mandate is duty bound to preserve and protect the rule of law. The cutting edge of law is remedial and the art of justice has to respond here so that transparency wins over opaqueness…..(72) Gross violation of fundamental rights should shock the ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....acts and dealings in the matter have been fair, free from any taint of fraud and illegality. The High Court Division having not considered the said provisions of law resulted in failure of justice in holding such a suit, the defendant‑petitioner cannot invite decision of the court by framing speci......it calls for decision as to whether the plaintiff have 'incidental title and exclusive possession' of the suit land. So, the submission made by the learned Counsel for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation.&n..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....that a petition under section 491 of the Code of Criminal Procedure in such type of case is maintainable the High Court Division committed illegality in refusing to enter into the merit of the case holding that the order of detention has been passed by a competent court. 10. In such matte...... Khanam (Hasi) is aged 15 Years on the date of occurrence. In that case the police after investigation submitted charge‑sheet and the case is now pending before the trial Court. The police recovered Masuda Khanam (Hasi) and arrested respondent No. 4‑Md Enamul Hoque on 9‑7‑..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....hed in the interest of the judiciary. It is contended that they have not done anything that could be regarded as contemptuous of judiciary or the Court, rather they did what was thought essential for holding high the position of the judiciary. They published the observation of Mr Justice Naimuddin A......87) LRC 180, Valente Vs. The Queen (1985) 2 SCR 673 at pp 685, 687, Re Amendment of the Constitution of Canada (1981) 125 DLR (3rd) 1, Reyder Vs. Foley (1906) 4 CLR 422, Commercial Cable Company Vs. Government of Newfoundland, (1916) 2 AC 610, British Coal Corporation Vs. The King (1935) AC 500, Rob..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....belonged to different women. He did not seize the Chouki upon which victim was raped. The alamats were not produced in the court. He denied defence suggestion that he submitted charge-sheet without holding investigation. 21. The accused persons were duty examined under section 342 Cr.P.C. t......rding landed property is admitted, which led the informant to initiate this false case and by withholding the material evidence, both oral and documentary, the prosecution has created a serious doubt over the whole prosecution case. Moreover, there had been an inordinate delay in lodging the ejahar ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
...., the learned trial Court appears to have relied upon her prior statement under section 164 of the Code of Criminal Procedure and discarded those evidence given by her before the Court at the time of holding trial. The learned Judge of the trial Court was of the view that since the girl was minor, a......ns came and threatened the informant and others not to disclose the matter and said that the victim would be killed if any action was found to have been taken in the matter. The informant tried to recover the victim from the custody of the accused persons, but having failed he had to lodge first inf..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....le Suit being Title Suit No. 303 of 1980 renumbered as Title Suit No. 172 of 1985 filed by the respondent ABM Hasan Kabir challenging the order of the Chairman of the Municipal Committee treating the holding as enemy property. 6. All the aforesaid three suits were tried together and dis...... Title Suit No. 171 of 1985 was filed by the respondent, ABM Hasan Kabir as plaintiff impleading predecessor‑ in‑ interest of the defendant appellants and others for a declaration of title and recovery of khas possession. 4. Haripada Das, predecessor of the defendant appellants as a..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....Nos. 1‑3) also contested the suit by filing separate written statement supporting the case of defendant No. 2 as made out in their written statement. 6. The trial Court decreed the suit holding that Upendra Nath Paul and Nripendra Nath Paul, the father, and uncle respectively of the pl......ens were the recorded owners of the suit property under both in RS and SA Khatian. Her father by registered deed gift dated 253‑1975 made a gift of 'Ka' schedule property in her favour and handed over possession thereof, that her uncle Nripendra Nath Paul used to maintain her from her childhood ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....ment at the relevant time, this Court considered that to ensure transparency and accountability of public servants especially those who held responsible position the Court should give a direction for holding inquiry into the allegation as contained in the report published in the newspaper. 25. ...... hour but on a representation of Mr. Abu Sayed Mahmud, Chairman of ETV the Finance Minister deleted the condition of charging Taka 1200 per hour. The petitioners claim that due to such an action the Government has been deprived of huge amount each year. The petitioners also claim that Mr. AS Mahmud ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....rty Nos. 4 to 13 as plaintiff instituted the suit for confirmation of their possession upon declaration of title by adverse possession in the suit land measuring about 0.092 acre of land comprised of holding No. 269/265 of No. 9 Hatkhola Ward of the Barisal Municipality fully described in the schedu......ared following the wrong entries of RS record. In fact, Hafez Noor Mohammad had got no right, title or possession in the suit land. As Hafez Noor Mohammad never asserted any sort of right or interest over the suit land, they did not need to take any steps. The plaintiffs have possessed the suit land..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....t Division in revision. 5. The High court Division it appears reassessed the evidence of PWs and DWs in respect of possession and decided disputed question of fact by holding that the defendants paid rent on the basis of wrong SA record which was under challenge and ......nce and have been in possession thereof. The suit land however, came to be wrongly recorded in names of the defendants, although they have no right, title or possession therein. This has cast a cloud over the title the plaintiffs. Defendant Nos. 1 and 5‑9 contested the suit. Their case, in sho..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....Division and the learned Single judge made the Rule absolute Upon Setting aside the aforesaid order of the learned Assistant Judge and rejecting the aforesaid Miscellaneous Case for pre‑emption holding that such question cannot be gone into in the pre‑emption proceeding. 6. ......t Division. In the result, the appeal is allowed and the learned Assistant Judge is directed to proceed with the pre‑emption proceeding in accordance with law. Ed. ..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....on the ground that the learned Advocate inadvertently mentioned Order I rule 10 CPC in the cause title of the application. Be that as it may, the learned Assistant Judge accepted the said application holding that misquotation of a particular provision of law in the application should not stand in th......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Rabeya Khatun Vs. Md. Saidur Rahman, 2004, 33 CLC (AD)
....ays of refusal and the High Court Division correctly noticed that this fact escaped consideration of the courts below. It appears that the trial Court and the appellate Court wrongly decided the case holding that the plaintiff respondent had failed to pay rent within 15 days of subsequent month as......s per above provisions. As such the High Court Division held that the decision of the courts below could not be sustainable in law and therefore, made the Rule absolute. We find that the courts below overlooked the fact that the rent deposited under the miscellaneous case was within the time as laid..Category: Tenancy Law | Date: 19 Feb, 2002 | Hits: 268
18315975551431584279254171168380548214196185121891589142031484397109