Search Options
Judgment Advanced Search
Displaying 501-520 of 7208 results.
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......on of fact or in drawing inference of fact from evidence a Judge or a Jury must always have regard to all the known facts of the case. And that they must do because they are required to decide on all questions of fact as reasonable men. "When it is the duty of Judge or a jury to draw from evidence......ous imprisonment for 7 (seven) years with a direction to run the sentence consecutively. Appellants took an Appeal in the High Court Division which maintained the conviction and sentence. 3. The facts which led to the conviction of the appellants are that on the night following 18th February, 2..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. .......1081 of 1997 obtained the present Rules calling upon the Opposite-Party to show cause as to why the proceeding of the said sessions case should not be quashed. 2. Since the facts and questions of law are same in all the Rules, those are being disposed of by this common judgment. ......on Case No.1081 of 1997 obtained the present Rules calling upon the Opposite-Party to show cause as to why the proceeding of the said sessions case should not be quashed. 2. Since the facts and questions of law are same in all the Rules, those are being disposed of by this common jud..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......ession in the suit land, therefore, no evidence was lead to that effect but the learned District Judge decreed the suit declaring title of the plaintiff by adverse possession. As a matter of fact the question of adverse possession was neither pleaded nor proved by the plaintiff; therefore, part decr......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......hurshid Alam Khan, the learned Advocate of the appellant submits that the prosecution failed to prove that the appellant had the control and actual possession over the seized Arms and ammunition in question and, as such, conviction under Section 19A of the Arms Act is not sustainable. Mr. Khan r......f the said shop is one Zakir Hossain who neither made an accused nor a witness in the case and this shop situated at Nilkhet 'Tempu Stand'which is an open and public place. 35. In view of the said facts and circumstances mere knowledge or showing by the accused, the recovery of arms and ammunitio..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......on was perfunctory. 40. These are all of the evidence on record adduced by the prosecution to prove the charge. 41. It is indisputable that the slain Sakhina Khatun was lynched. 42. Now, the question calls for consideration whether the deceased was living in the conjugal home at the relevan......her father himself stated in the application of UD case that he came out from the PO hut at 8-00/8-30 AM So, it is clear to us that the evidence of P.W.2 provided no corroboration with the material facts and circumstances of the case and to hide the manner and cause of occurrence, she narrated a d..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ...... without any hesitation it can safely be said that Atiar Rahman was done to death in the night following 9-11-1998 for the cut injuries which he sustained at the time of occurrence. 24. The moot question before us is whether the condemned-prisoners Rustom and Rahman and absconding convict Enamu......connected with the occurrence of the case in any way and they have become the victims of circumstances etcetera. 5. The learned Sessions Judge on consideration of evidence on record and the facts and circumstance of the case convicted and sentenced the accused as aforesaid and made the ref..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....e of Television Station of the appellant-company. 8. The writ respondent No.1 alone and the respondent Nos.3 and 4 jointly contested the Rule by filing two separate Affidavits-in-Opposition in identical terms denying the material allegations made in the petition stating, inter alia, that th......legitimate expectation is a relevant factor requiring due consideration in a fair decision-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. (3) The legitimate expectation has to be determined not accordi......on in identical terms denying the material allegations made in the petition stating, inter alia, that the writ petition in its present form is not maintainable as it raises disputed questions of facts hence, the Rule is liable to be discharged; that the respondents did not violate the fundam..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......pearing in the case along with the opposite parties prayed for time for filing written objection." 11. The above finding given by the learned Judge of the single Bench is fundamentally a question of fact. The finding is very specific and has been given with reference to the materials a......ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ...... none filed any pleading in rebuttal we can take as true the petitioners averments. In fact we can also take judicial notice of the pathetic scenario that prevails in and around the Fort. The only question for us is whether the petitioner is entitled to the craved relief. 13. This Fort is n......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......eased was chopped to death by the accused. So, it can safely be said that the deceased Tarun Kumar Saha did not meet with natural death rather he was done to death on 1-8-1993. 21. Now, the moot question before us is whether deceased Tarun Kumar Saha was murdered in the hands of absconding conv......h blood stained marks there. The accused seems to have left the place of occurrence for the appearance of the local people without taking the said money. Informant Arun Kumar Saha narrating the above facts lodged the First Information Report (in short, the FIR) with Dohar Police Station on 1-8-1993 ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ...... …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of the ......ng the judgment and decree dated 30-3-2003 and 16-4-2003 respectively passed by Joint District Judge, 1st Court, Gazipur in Title Suit No. 12 of 1999 who decreed the suit for declaration. 2. The facts involved for disposal of the Rule are as follows:- The petitioner and others as plaintiff..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......o be decided in this writ petitions is directly and substantially an issue. to be decided in the suit. 9. We have heard the learned Advocates perused the records. It appears that earlier the question of suppression of facts was raised by the Respondent Bank. The petitioner by a reply to ...... petitioner. 8. Mr. Razaque Khan, Learned Senior Advocate appearing on behalf of the respondent Bank raised three contentions, namely, that the writ petition is bad for suppression of material facts. Secondly, it is barred by re judicata and third and finally, the decision, if any, of the B..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......tly framed charge under Sections 11(L), 30 of the Ain 2000 against the appellants. We have carefully gone through the grounds taken in the petition of appeal, such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the appellants are nothing b......charge under Sections 11(L), 30 of the Ain 2000 against the appellants. 3. Feeling aggrieved the appellants preferred the instant appeal. 4. No one appears to support the appeal. In view of the facts, this is an old appeal of 2005. We are inclined to take it up for disposal on merit considerin..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......en how they, got possession in respect of a portion of the suit property is not clear to us- the plaintiffs did not give any explanation in this regard. Taking these facts into consideration the question is whether the findings of the court of appeal below have been legally interfered with by ...... of the appellants that the High Court Division exceeded its jurisdiction in interfering with the concurrent findings of fact arrived at by the courts below without reversing the findings of facts, such as, the genuineness of the plaintiffs agreement dated 5th January, 1965 and the deliver..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ne of the accused Labu Miah and also against the petitioner on 25-1-1988 before the Subordinate Judge and 1st Commercial Court, Dhaka, in Money Suit No.18 of 1988 for realizing the aforesaid money in question. After lodging of the FIR the petitioner on 5-4-1993 voluntarily surrendered before th......tioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: One Mr. AKM Zayed Hossain Khan, Anti-Corrupt..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ...... upon the Deputy Commissioner, Narayanganj to show cause as to why the proceedings in CR Case No.415 of 1993 pending in the Court of Thana Magistrate, Narayanganj should not be quashed. 2. Short facts, relevant for the disposal of the Rule, are that the complainant-opposite party No.1 filed a P..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
......st of member in the category of guardian of saidManaging Committee. After completion of all formalities the presiding officerdeclared schedule of election for the managing committee of the school inquestion and as per schedule the candidates, of various categories includingthe present petitioner, ......spondent No.6 and also thereby seeks direction to fixa fresh date for holding aforesaid election and/or pass such order or furtherorder or orders as to this Court may seem fit and proper.
2. Short facts for disposal of the Ruleare that the petitioner being a guardian voter being No.58 of voter li..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......ial Magistrate but the Additional Sessions Judge (Sessions Judge, in Charge) Naogaon by his Order dated 26-8-2009 remanded the petitioner in custody on the ground that there are 10 cases alike, he is questionable person, the bail petitioner is defective etc. That ultimately the petitioner has been e......ising out of CR case No.406/8 (Naogaon) dated 28-8-2008 under section 138 of the Negotiable Instruments Act, now pending in the Court of Sessions Judge, Naogaon should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, is that the petitioner is a citizen of Bangladesh an..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......f 2000, Admiralty Suit No. 39 of 2000, Admiralty Suit No. 40 of 000, Admiralty Suit No. 42 of 2000, Admiralty Suit No. 43 of 2000, were heard one after another and since all the suits involve similar question of law and facts the same are now disposed off by this single judgment. 2. The plaintiff......it No. 39 of 2000, Admiralty Suit No. 40 of 000, Admiralty Suit No. 42 of 2000, Admiralty Suit No. 43 of 2000, were heard one after another and since all the suits involve similar question of law and facts the same are now disposed off by this single judgment. 2. The plaintiff in Admiralty suit N..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
68309110880884807930890085678595854087749007856973515361854576168805857085038478