Search Options
Judgment Advanced Search
Displaying 541-560 of 4866 results.
....wner Sarat Sundari Chowdhurani died leaving her adopted son Mohini Mohan Chowdhury as her sole heir, who left the country for India immediately after partition and as such the suit land was rightly enlisted as vested property and that the plaintiffs have no title and possession therei......hellip;….Opposite Parties
Judgment
July 24, 2006.
Result:
The Rule is discharged.
Lawyers Involved:
No one appears-For the Petitioner.
N. A. Chisty, Advocate for Md. Hasan, Advocate-For the Opposite Parties.
Civil Revision No.2275 of 1994.
Judgmen......992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
......gment and decree dated 29.6.1992 passed by the Subordinate Judge (now Joint District Judge), Jamalpur in O.C. Suit No.29 of 1986 decreeing the suit and sending back the suit on remand for retrial.
2. The opposite party nos.1-13 as plaintiffs filed Title Suit No.29 of 1986 in the ..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......f the accused-appellants. 2. The prosecution case in short, is that J.C.O. 4527 Naik Subedar Md. Abdul Jabbar, 6 Rifle Battalion, Chapai Nababgonj Police Station, District Chapai Nababgonj on as informant 15.9.2003 lodged First Information Report with Chapai Nababganj Police Station implicating a......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......or the State submits that the First Information Report disclosed incriminating material on the involvement of the accused appellant, in hundi business which is a matter of evidence at the time of the trial. As such order of taking cognizance for a offence under Section 25-B of Special Powers Act on ..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)
....ure, the Misc. Case No.58 of 1972 was allowed and probate was granted according to law and that [he opposite party No.1 has been in possession of the property living in his house in his own right and interest. 8. The further case of the opposite party is that the opposite party No.1 f......ted against the judgment and order dated 29.09.1988 passed by the learned District Judge, Rajshahi, in Misc. Case No.188 of 1982 dismissing the same on contest under section 263 of the Succession Act for revocation of the grant of Probate by Mokshada Bala Dasya (deceased) as granted by the District ......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ......this case in the name of Noni Gopal as his so-called attorney with a motive to grab the property and to harass these opposite parties unnecessarily which is liable to be rejected. 9. At the trial, the petitioner examined 4 witnesses in support of his case. P.W.1 is constituted Attorney Shi..Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....rokona in other Class Suit No.310 of 1981 decreeing the suit on contest. 2. The plaintiff filed Other Class Suit No.310 of 1981 against defendant nos.1-3 and others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter referred to as the suit land)...... by the Subordinate Judge, Netrokona in other Class Suit No.310 of 1981 decreeing the suit on contest. 2. The plaintiff filed Other Class Suit No.310 of 1981 against defendant nos.1-3 and others for declaration of his raioti right in the land described in the schedule of the plaint (hereinafter......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ...... and possession in some of the suit plots claiming their ownership in those plots. However, ultimately these defendants compromised the suit with the plaintiff and executed a solenama before the trial court. 5. Court below on consideration of the evidence on record decreed the suit on com&..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ...... may seem fit and proper. 2. The Rule is opposed on behalf of the opposite-parties. 3. The opposite-parties as plaintiffs instituted SCC Suit No. 2 of 1997 against the defendant-petitioners for ejectment, realization of the arrear rents and compensation to the tune of Taka 6900. The case o...... errors in the quit-notice honestly but inadvertently made, would not render a notice invalid when the intention of the notice can be ascertained with reasonable clarity and certainty. 26. It is fairly settled that a quit-notice is intended to afford an opportunity to the tenant to vacate the p......ew of the evidence and materials on record, the bonafide requirement of the suit shop house by the plaintiff-opposite parties has not been proved and, as such, the impugned judgment and decree of the trial Court are not according to law and that being so, it calls for interference from this Revision..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
....rs submits that Defendant No.3 Moulana Mohammad Baquer Siddiqui Jonpuri filed Title Suit No.371 of 1998 before the learned Subordinate Judge (joint District Judge), 2nd Court Dhaka for declaration of right, title and interest over the suit property and permanent injunction and for cancellation of th......d the judgment and order dated 17.2.2003 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.237 of 2002 rejecting the prayer under section 10 of the Code of Civil Procedure for stay of the subsequent Judge (Joint District Judge), 2nd Court, Dhaka. 2. The petitioner as p...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ......er stated that if the earlier suit fails, the Plaintiff of the subsequent suit will not get any relief and that the application under section 10 of the Code of Civil Procedure is premature. 7. The trial Court after hearing the parties and on consideration of the materials on record rejected the s..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... pay the balance fine amount of Taka 2,74,35,000 and or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner, being a dedicated and ardent human rights activist and an Advocate of the Supreme Court of Bangladesh is concerned with the human rig......ent No.4. Writ Petition No.804 of 2001. Judgment MM Hossain J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,00......of executive actions/inactions and constitutional validity of various enactments. 3. The respondent No.1 is Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs. The respondent No.2 is the 2nd Court of Additional Sessions Judge and Court of Special Judg...... Ershad, along with 16 other accused-persons were tried in the Special Case No.11 of 1992 by the 2nd Court of Additional Sessions Judge and Court of Special Judge, Dhaka and after conclusion of the trial, the learned Special Judge was pleased to convict the respondent No.4 under section 5(1)(e) ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Mostafa Kamal Vs. State, 2006, 35 CLC (HCD)
....ion. Opinion of minor is immaterial and is no factor for allowing the mother custody of her minor daughter..................................(17) Asking safe custody of victim girl or child as of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody ......issued by the Board stand more positive, dependable and credible as proof of age of victim and it is preferred to doctor's and radiologist opinion. Opinion of minor is immaterial and is no factor for allowing the mother custody of her minor daughter..................................(17) Ask......te and others, 55 DLR 1; Mongol Chand Nandi Vs. Bangladesh, 5 BLT (AD) 1=2 BLC (AD) 18; Arun Karmoker Vs. State, 7 MLR (AD) 82=7 BLC (AD) 61; Krishna Pada Dutta Vs. Secretary Ministry of Home Affairs, 42 DLR 297. Lawyers Involved: Md. Khurshid Alam Khan-For the informant Appellant (I......s of right Discretionary authority of the Tribunal to pass an order to put any girl in safe custody outside jail in the custody of Government authority or any person or organization in course of trial of an offence under the Ain is intended to ensure safety, security and welfare of the girl. Wh..Category: Women and Children | Date: 10 May, 2006 | Hits: 6
....
discharged.
Obligations
of an agent
An agency relationship
will arise from an agreement particularly from a contract, the express or implied
terms of which govern the rights and liabilities of the parties. In the absence
of any relevant express terms their obligatio......hts and liabilities of the parties. In the absence
of any relevant express terms their obligations must be regulated by rules of
law applicable to the relationship of principal and agent. In the performance
of his undertaking the agent must act in accordance with the authority which
has been giv......urt inferior to that of the Court of Session shall try any such
offence, "section 21 of the said Ordinance empowered the said Commission
to cause an enquiry by any person appointed by it into the affairs of any Stock
Exchange or any issuer of a listed security, or the business or any transaction
......) and e(vi) read with Section 18 of the Ordinance, 1969
in respect of issuance of it's prospectus in August, 1996. It appears that the
petitioner in order to avoid the due process of law before the trial court
under the Code of Criminal Procedure or to circumvent the equally efficacious
alternat..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....efore the authority, i.e. the conditions should be such as import proper legal sanctions in case there should be variation from the truth. 6. P.W.2 stated that the seized heroin was found in the right hand of Rabia Khatun in a black polythene bag. P.W.3 corroborated the testimony of P.W.2. Thes...... Additional Sessions Judge convicted the appellant under item No.1 (kha) of the Table of section 19(1) of the Narcotics Control Act, 1990 briefly, the Act of 1990, and sentenced her with imprisonment for life with a fine of Tk. 20,000/-, in default, to suffer rigorous imprisonment for 3 months more.......mbracing and exhaustive of the Code. For search and seizure of any contraband goods, sections 103 has been included in Chapter VII of the Code with the object to prevent possible chicanery and unfair dealings on the part of the officers entrusted with search and seizure, which reads: ......esses. Thereafter he sent samples to the chemical analyst for examination and the chemical analyst reported that the substance contained heroin. 3. After receipt of the case record for trial, the learned Metropolitan Additional sessions Judge framed charge against the appellant under ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Ershadul Vs. State, 2006, 35 CLC (HCD)
....ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......;nal Judge No.1, Kurigram in Special Tribunal Case No.37 of 2004 convicting the appellant under section 25-B(2) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 4 years and also to pay a fine of Tk. 1000/- in default to suffer rigorous imprisonment for......ith any other case. Send down the lower courts records along with a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 490. ......ce the case against the appellant and two other. 3. The police investigated the case and submitted change sheet against the appellant under section 25-B(2) of the Special Powers Act. 4. The trial court received the case record and took cognizance of the offence and thereafter framed c..Category: Criminal Law | Date: 6 Apr, 2006 | Hits: 5
Nazim Vs. State, 2006, 35 CLC (HCD)
....ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......ney-General - For the State Respondent. Criminal Rule no.35(R) of 2006 Judgment Md. Abu Tariq J.- This Rule arises out of an application under section 5 of Limitation Act of 1986 for condonation of delay of 4968 days in preferring the Criminal Appeal. 2. The appeal is direc......ay is allowed. In the result, the Rule is made absolute. The office is directed to register the appeal and do the needful. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 353. ......t for 10(ten) years and to pay a fine of Taka 10,000 in default, to suffer rigorous imprisonment for 6(six) months more. 3. The learned Advocate for the convict-appellant submits that during the trial of Sessions case the victim appeared before the Court on 12-4-1990 and filed an affidavit stat..Category: Procedural Law | Date: 29 Mar, 2006 | Hits: 32
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
....olumn of the khatian the suit land was written as “সর্বসাধারনের ব্যবহার্য”. Actually, the local people had no possession in, or prescriptive right over the suit land as such, the recital “সর্বসাধারনের ব্য......t Attorney-General-For the Petitioner. No one appears- For the Opposite Party. Civil Review No.2497 of 1990. Judgment Syed Mahmud Hossain J.-This Rule was issued on an application for revision filed by defendant No.1. under section 115 (1) of the Code of Civil Procedure (the Code......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ......বহার্য” the plaintiff took settlement of the suit land. 8. Both the parties examined witnesses and adduced documentary evidence in support of their respective cases. The trial Court decreed the suit. 9. Defendant No.1 appealed against the decree. The appellate..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....41. 9. Mr. Monir Hossain and Mr. Md. Ashanur Rahman, the learned Advocates for accused respondent No.2 & 3 submit that the impugned order dated 20.3.2005 has no illegality and learned Tribunal rightly dismissed the complaint petition under section 27 sub-section 1(Kha) (Kha) of Nari-O-Shishu ......ove the case. The scope of such enquiry is only to find out whether there is a prima-facie case....................(15) When enquiry Magistrate did not find the existence of prima-facie materials for offence relating to sexual harassment under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ......t may seek legal relief for offence of sexual harassment under Penal Code before regular criminal court under the procedure separately and independently if so desires, but there is no scope for joint trial of the offence of sexual harassment under Penal Code in Nari-O-Shishu Nirjatan Daman Tribunal ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Md. Delwar Hossain Vs. State represented the DC, Narayanganj & another, 2006, 35 CLC (AD)
....sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......sed. Lawyers Involved: Dr. Kazi Akter Hamid, Advocate, instructed by Md. Abu Siddique, Advocate-on- Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 426 of 2005. (From the judgment and order dated 28.11.2002 passed by t......sion. We do not find any cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed This Case is also Reported in: IV ADC (2007) 788, 26 BLD (AD) 109. ......jatan Daman Bishesh Adalat, Narayangonj in Nari-O-Shishu Nirjatan Case No. 46 of 1996 by judgment and order dated 10.02.1998. The petitioner was absconding from the very inception of the case and the trial was held in absentia and on conclusion of trial the Adalat found the petitioner guilty under s..Category: Women and Children | Date: 9 Mar, 2006 | Hits: 127
Kishore Kumar Dutta Vs. State, 2006, 35 CLC (HCD)
....han, Deputy Attorney-General With Md. Ibrahim Khalil, Assistant Attorney-General - For State Respondent. Criminal Appeal No. 836 of 2004. Judgment AK Badrul Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(K......tant Attorney-General - For State Respondent. Criminal Appeal No. 836 of 2004. Judgment AK Badrul Huq J.- In challenge of the righteousness of pronouncement of a Judgment of conviction for offence punishable under section 11(Kha) of Nari-O-Shishu Nirjatan Daman Ain of 2000 (For short ......en on bail in the Criminal Appeal, bail bond furnished by him stands discharge. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 174. ......Justice. 3. In approaching and answering to the questions posed, thumbnail description of gravamen mounted against convict-appellant as projected in First Information Report and spelt out during trial may be taken into account which is hereunder: Gouri Dev was given in marriage with accuse..Category: Women and Children | Date: 20 Feb, 2006 | Hits: 127
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
....the relevant time the victim was aged about 13 years and that the accused kidnapped her and committed rape on her. He adds that the charge has been proved by the defence witness. The Trial Court thus rightly found the appellant guilty and convicted and sentenced him, which calls for no interference ......n Case No.43 of 1997 convicting the appellant under section 6(1) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter referred as Ain, 1995) and sentencing him to suffer imprisonment for life and further convicting him under section 9(ga) of the Ain, 1995 and sentencing him to suffe...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... under sections 9(kha),9(ga) and 6(1)/14 of the Ain, 1995 against the accused was framed and was read over to the accused on dock, who pleaded not guilty and claimed to be tried. 3. In course of trial the prosecution in all produced 11 (eleven) witnesses, of them examined seven and tendered fou..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....er of attorney given by the defendant No.1 on 10.08.1985 was forged, without consideration, collusive and concocted and that the constituted Attorney by virtue of the said power of attorney, has no right to execute the agreement for sale and as such the suit is liable to be dismissed. 12....... Mrs. Inge Flatz and others…………………………………….Respondent Judgment December 15, 2005. Result: The Appeal is allowed. Where a suit is brought for specific performance of contract, it is to be seen whether the plaintiff have been able to prov...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......ute and register the sale deed in respect of the suit property and hence the plaintiff has been compelled to file the suit. 11. The defendant no.3, Rajdhani Unnayan Kartipakha, appeared in the trial court and filed written statement, denying all the material allegations contained in the plai..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
.... suit land was dedicated for establishment of the deity and also for performing the Sheba Puja and other religious ceremonies. The suit land was recorded as such in her name in the C.S. record of rights as debatter properties. The plaintiff has thus been owner in peaceful possession of the sui......smissed. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes property of the deity, which is immortal and it continues to be a property of the deity for all times to come. Even if a particular image be destroyed, the deity whose visible form the ima......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ......f enemy property. 6. The learned Subordinate Judge (now joint District Judge) dismissed the suit. The learned Additional District Judge, 5th Court, Dhaka affirmed the judgment and decree of the trial court. In Civil Revision No. 455 of 1981, the High Court Division by the impugned judgment mad..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....the appellate Court below that the suit is not maintainable at all in
absence of any prayer for mandatory injunction Mr. Siddique submits that since
the post has already been filled up the suit has rightly been dismissed by the
Courts below as there was no prayer in the plaint for mandatory dir...... those dated 15.4.02 passed in Other Suit
No.5/2000 by the learned Assistant Judge, Fulsuri, Gaibandha should not be set
aside.
2. The petitioner as plaintiff
instituted the suit on 29.2.2000 for declaration that the order of dismissal
from her service passed by the authority of Kanchipar......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......tual absentee, a show cause notice was
duly served on her, she was given the opportunity of being heard and was
dismissed in accordance with law on the recommendation of the Enquiry
Committee. The trial Court further held that the plaintiff did not give her
Dhaka address to the college authority..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
8748845487328750872384748529870685508733874984668782828524527898828486923228684