Search Options
Judgment Advanced Search
Displaying 521-540 of 3988 results.
Debobrota Baiddya @ Debu Vs. State, 2005, 34 CLC (HCD)
....al. The tribunal by its order dated 9-9-2003 framed charge against the accused appellant under sections 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 to which the appellant pleaded not guilty and claimed trial. Being aggrieved by the aforesaid order for framing charge the accused preferred the i......2003 arising out of Gopalganj Police Station Case No. 03 dated 3-11-2002 framing charge under section 6/7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 against the appellant. 2. The material facts for disposal of the appeal are that on 3-11-2002, one Chitta Ranjan Roy Karmaker as informant lodged......sited his house on previous occasion. On the next day i.e. Wednesday, when he was coming to shop he asked Chinmoy to stay for 1/2 days. At about 7-30 AM Chinmoy went to his shop and informed that his money bag was taken by pick-poket and he needed the money for bus-fare, Chitta Babu, the father of C..Category: Women and Children | Date: 9 May, 2005 | Hits: 84
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....ority from the date of their ad hoc appointment with the exception that the ad hoc appointees who failed to get recommendation by the PSC for regularization in the first time shall not be entitled to claim seniority from the date of the ad hoc appointment as provided in rule 4(2) (Gha). The seniorit......h Packages Ltd. Vs. Member, Labour Appellate Court, Dhaka and others, 52 DLR (AD) 160. Lawyers Involved: Abdul Wadud Bhuiyan, Senior AdÂvocate, instructed by Fakhrul Islam, Advocate-on-Record, for the petitioners. (In Civil Review Petition 44, 45 & 51 of 2004). T.H. Khan, Senior Advoca......received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, disÂmissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......e set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner filed SCC Suit No.10 of 1995 dated 11-10-1995 in the SCC Court, Rajshahi for a decree for eviction of defendant No.1 from the suit premises as mentioned in the schedule of t......ement was signed on 27-2-1979 between the parties and the monthly rent was fixed at Taka 150 and according to the agreement, a sum of Taka 5000 was paid by the defendant to the plaintiffs as security money at the time of signing of the agreement, which was taken back by the defendant thereafter from..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....#8209;3‑1956. During the war of liberation the law and order situation compelled the writ petitioners' mother to keep the premises in question under lock and key and some unauthorised occupants claiming the premises in question as an abandoned property took possession thereof. The writ petitio......ka, while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard ......eral submits that the said document being not a public document was not filed before the Court properly and, as such, no credence can be given to the said document. The fact of payment of lease money thus being not proved the writ respondents or their predecessors' claim of getting the propert..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)
.... the Court of Senior Special Judge, Narayanganj to answer the charge under section 409 of the Penal Code and section 5(2) of the Prevention Corruption Act, 1947 to which they pleaded not guilty and claimed to be tried. 6. The defence case as it appears from the trend of cross-examination is......e appellant as complainant filed a petition of complaint in the Court of Senior Special Judge, Narayanganj against the accused-respondents alleging, inter alia, that the accused Atahar Uddin Ahmed former manager and accused Md. Momin Ali Bepari former Senior Officer of Islami Bank Bangladesh Lim......d payment category took delivery of the goods from the bank's godown by furnishing undertaking and bank guarantee, they subsequently made payment with the bank and they did never misappropriate any money by criminal breach of trust and misconduct. 7. In course of trial the complainant exami..Category: Criminal Law | Date: 2 May, 2005 | Hits: 2
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause su......t side the jurisdiction of the S.C.C. court and therefore this alternative provision of providing security for the performance of the decree or compliance with the judgment exclusively applied to the money decree and the security bond or the liability or the surety were all in respect of money decre..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
.... Ain Sringkhola Bignokari Aparadh (Druta Bichar), 2002 and the charge was read over and explained to the accused‑petitioners to which they pleaded not guilty and claimed to be tried and they were defended by their engaged learned Advocate. 4. The prosecutio......gail PS Case No.19 dated 24‑2‑2004 convictin the petitioners under section 4(1) of the Ain Sringkhola Bignokari Aparadh (Druta Bichar) 2002 sentencing each of them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 5,000 each in default to suffer simple imprisonment for ......t has been stated that whoever shows fear or illegal force to any person or shows fear or applies illegal force to any person, statutory body or any organisation for getting subscription, help or any money and materials or wilfully damages and destroys moveable and immoveable property of party or jo..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ash; For the Condemned Prisoner. Death Reference No. 19 of 2003 Judgment Sikder Maqbul Huq J. - This death reference under section 374 of the Code of Criminal Procedure is for confirmation of death sentence inflicted upon the condemned accused Rafiqul Islam Mollah for the......ses and he would depend on the earning of his wife Salma which resulted in strained relationship between them. He further says that the accused very often would create pressure on the victim to bring money from her father. He further says that the accused was not found in his house on the date of oc..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 560. ......ommon judgment as they do involve common question of law and facts. 2. In both the Rules, the petitioners challenged the issuance of impugned bills and disconnection of their telephones, praying for a direction for restoration of connection of their telephones. 3. In Writ Petition No.3230 ...... he made an application for telephone at his residence under Gulshan Digital Telephone Exchange. Accordingly, on 10‑9‑1999 a demand note was issued in the name of the petitioner who deposited the money as stated therein. The respondents installed a telephone being No.883672 at the residence of t..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....of the land is Tk. 1,58,000/- and that market price of per decimal of land is 40,000/-, that they are running a brick field upon investing Tk. 30,00,000/-, that the appellants in the arbitration case claimed that they are entitled to get the award for an amount of Tk. 1,58,00,000/- along with 20% ad...... Judgment March 28, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (11 of 1982), section 28 Whether period of limitation for filing an arbitration case can be extended.- When the compensation assessment was ma......1994 and the other on April 5, 1994 for payment of compensation to them, that after obtaining decree in other class suit No. 65 of 1995 the petitioners filed application on April 26, 1997 but awarded money was not paid to them as "petitioners names were not in government record and in the revenue re..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....sion since 1972. The trial Court held that the sale deed was to be executed after the payment of loan to the HBFC of Taka 16,000 that the plaintiff has not filed the suit within 3 years and hence the claim is time barred. It was also held that Syed Mahabubur Rahman, according to the plaintiff, is pr...... Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could defend his possession against anyone exc...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)
....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......a, on behalf of the contesting respondents that the election petition itself was not maintainable in view of non-fulfilment of Article 49(4) of the Order inasmuch as the sum of Taka 2,000 as security for the costs of the petition has not been deposited by the election petitioner‑appellant hims......purbok shongslisto court e uposthapon kara jaibe.” 9. There is also no denial that the appellant deposited the amount through his learned Advocate and the pay-in slip depositing the money was also signed by the appellant himself. The High Court Division after considering various ru..Category: Election Law | Date: 22 Mar, 2005 | Hits: 123
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......Special Tribunal No. 4, Jessore in Special Tribunal Case No. 38 of 1998 by which the present petitioners were convicted under section 19A of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years. 2. On the basis of First Information Report lodged on 1.9.97 accusation was made ag......n application for certified copy was filed by the tadbirkar of the petitioner on 1.9.02 and the certified copy was delivered on 25.9.02 but the petitioners being very poor could not collect requisite money to prefer an appeal within 30 days as prescribed by law. Having no other efficacious remedy th..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......60 of the Income Tax Ordinance, 1984 arises out of an order dated 16‑7‑2003 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income Tax Appeal (ITA) No.4502 of 2002‑2003 (for assessment year 2000‑2001). 2. The assessee applicant had been carrying on transport busi......ncome before re‑opening the case. But in this case the Deputy Commissioner of Taxes had no definite information before him that the assessee applicant is found to be the owner of the said amount of money and, as such, obtaining approval of the Inspecting Joint Commissioner of Taxes before re‑ope..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....lleged and that the plaintiff instituted the suit only with intent to grab the suit land on false and baseless allegations. He further submits that the plaintiff hopelessly failed to substantiate his claim by adducing any independent and most reliable witnesses since it is a case of oral contract in......eration money and to execute and register the kabala deed but the defendant No.1 refused to execute and register the kabala deed and hence the plaintiff has been constrained to bring the present suit for specific performance of contract. 3. The defendant No.1 contested the suit by filing a writ......xecute and register the kabala deed in favour of the plaintiff. Since then the plaintiff has been enjoying and possessing the suit land by creating hut thereupon. At the time of receiving the advance money the defendant No.1 delivered the sub‑kabala deed of the suit land to the plaintiff. The defe..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
.... for election as, or for being, a chairman or an elected commissioner, or for nomination as a woman commissioner, if-........................................ 13. The persistent claim of the respondent No.1 is that the appellant having defaulted in repaying the loan taken by ......in a writ petition to set aside the election and whether such a writ petition is maintainable. Disputed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice i......ling nomination papers, he was disqualified to participate in the process of election. Disqualification requires no evidence to settle. The fact that bank instituted suits for realization of loan money is enough to hold respondent No.7 is a bank loan defaulter and since the suits have been fil..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....48/323/379 of the Penal Code against all other accuseds and the charges were read over in presence of the accused petitioners and explained to them who were in the dock and who pleaded not guilty and claimed to be tried. &n......ase No.71 of 1983 convicting the accused-petitioner No.1 Mohiruddin Mondal alias Md. Mohiruddin Mondal under section 323 of the Penal Code and sentencing him there under to suffer simple imprisonment for one year and to pay a fine of Taka 1000 (one thousand) in default to suffer simple imprisonment ......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ...... the respondents should not be directed to make payment against pension and gratuity to the petitioner, since retired on 19‑2‑1995, in terms of the Service Rules and why the officials responsible for the non‑payment of the pension and gratuity to the petitioner in terms of his service conditio......nse sufferings, both financially and socially, to the petitioner and hence liable to pay compensation therefore. However, such sufferings of the petitioner cannot be equated or fully compensated with money Accordingly, we fix Taka 2500 as token compensation amount to be paid to the petitioner by eac..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
....also paid
lease Money up 1385 B.S. It is further alleged that the defendant obtained an ex
parte decree in Title Suit No.346 of 1977 on 6.5.1980 declaring that the
suit land is not vested property claiming the suit land as their purchased land
from Rathindra Nath Basak who was the adopted son of......Âtle Suit No.66 of 1991 in the Court of the Subordinate Judge,
Additional Court, Dhaka impleading the opposite party No.1 as defenÂdant No.1
and other opposite parties as other defendants praying for declaration that the
judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by ...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....02-2003, as such, the petitioner's contention in respect of project No.26 for Tk. 10,00,000/- is not correct and denied. It is further stated in the affidavit-in-opposition that the petitioner cannot claim any interest over the fund allotted for the financial year 2002-2003 since by the Memo No.8.6.......nse to an advertisement the petitioner submitted a bid properly and obtained work order contained in Memo No.W-4/1429 dated 12.6.2002 from the Executive Engineer (R & H), Road Division, Gopalganj for constructing Flexible Pavement over Hatbaria-Golabaria Road 9th (Angsha) and 10th (Angsha). The ......l Tk. 6,00,00,000/- (six crores) for the total 36 sub-projects and the petitioner's project No.26 got Tk. 10,00,000/- (ten lacs) (Annexure-B). In due course, the petitioner completed his work and the money payable to him amounted to about Tk. 30,00,000/- (thirty lacs) with excess works, whereas the ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
464326684557686393118916895289343127579564590408937929044903486858453