Search Options
Judgment Advanced Search
Displaying 701-720 of 7133 results.
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 .............................Appellant Vs. Anwar Hossain and others..................Respondents Judgment August 20, 2009. Result: The Appeals are allowed. Cases Referred to- Suruj Mai Vs. Babu Lola, AIR 1985 Delhi 96;Hazera Begum Vs. Rowshan Ara Begum, 39 DLR (AD) ......d after it put into auction for three times, as such, this portion of the judgment directed the Government to sell the suit property to the plaintiffs was passed illegally and not sustainable in law. 14. Although learned Judge dismissed the claimed of the plaintiffs as to acquire of ..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....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. ......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. ......scellaneous Case No. 154 of 2008. Judgment Md. Rezaul Hasan J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceedings of Metro Sessions Case No.2155 of 2006 arising out of CR No.......0 DLR (AD) 195, Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others. 8. We have considered the submission of the learned Advocates, perused the materials on record as well as the relevant law and the decision cited. 9. The submission made by the learned Counsel for the accused petit..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......sembles certain other nature of case, that is, if it discloses a civil case e.g. non execution and registration of sale deed of a case land……………………………(9) Case Referred to- Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175; Abdul Karim Vs. Shamsul Alam, 45 DLR 578; ......n be quashed if the allegations made in the First Information Report and the charge sheet or the petition of complaint do not constitute any criminal offence. It is by now a settled proposition of law that a criminal proceeding can be quashed even at initial stage when the fact is preposterous o..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
....rt Division, we do not find any ground to interfere with the finding of facts arrived at by the courts below. It appears to us that there is no error of law in the decision occasioning any failure of justice.The finding of the High Court Division is based on concurrent findings of facts and the plai......ove that they are owners of the suit land by inheritance and that the deed of gift executed by Gagon Chandra and the sale deed executed by Minoti Bala Saha were forged and fabricated. The trial court accordingly found that the plaintiffs have no title to the suit land and the suit as filed was not m......udgment July 23, 2009. Result: This petition is dismissed. Lawyers Involved: Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner None represented- the Respondents. Civil Petition for Leave to Appeal No.1601 of 2008. Judgment BK Das J.- This petition for leave to appeal has been fi......vision preferred this application for leave to appeal before this Division. 9. The learned counsel appearing for the plaintiffs petitioners submits that the High Court Division committed an error of law in failing to notice that the deed of gift dated 26.3.1963 was not a valid document and thus Min..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......য়, তবে এফ.ডি.আর. এর সুদ ট্যাস্কিএবল। Mr. Ahsanul Karim submitted that the P.W.1 admitted that the FDRs were not matured as on 18-2-2007. So, according to the evidence given by P.W.11 there was no scope to show the interest of the FDRs as on ...... released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ....... 6. The appellant received the said notice in jail custody but did not have any access to his records and papers and did not have any opportunity of consultation with his income tax adviser and lawyers for preparing a statement of assets pursuant to the direction made in the said notice. The a..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
.... 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.
...... 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.
......
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.
Lawyers Involved:
......ether with the cost of transmission by postal money order of the money deposited to the landlord.”
12. It is to be observed that Act 1991 has made substantial encroachment into the tenancy law of the Country, its purpose is to protect the tenant from ejectment from the tenanted premises a..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
....াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে।
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে।
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
......রাবরে ২৪-০৫-২০০৯ তারিখ নিম্ন লিখিত Rule Nishi জারী করেনঃ
“Let a Rule Nishi be issued calling upon the respondents to show cause as to why a direction should not be given upon the original territories of the River B......াকা মহানগরী বিরান হইয়া যাইবার সম্ভবনা রহিয়াছে।
Ed.
This Case is also Reported in: 17 BLT (HCD) (2009) 455
..
Category: Environmental Law, Property Law | Date: 25 Jun, 2009 | Hits: 19
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
....t in the instant suit the appellate Court without referring the evidence on record reversed the Judgment and decree passed by the learned Joint District Judge, 3rd Court, Dhaka occasioning failure of justice which is liable to be interfered by this Court and hence the rule should be made absolute. ...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ...... The rule is discharged. The finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manifestly perverse.............(12) Cases Referred to- Mustari Bibi and others Vs. Md. Yusuf and others, 12 BLC (AD) 42; Ishaque (Md.) Vs. Ekramul......d and fabricated document created by the plaintiff only to grab the property but as a matter of fact no Bainanama was executed and signed by the defendant No.1 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 ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....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:......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:......, is that O.D loan of Tk.25,000/- was sanctioned in favour of the defendants who was then carrying on business at Durgapur Bazar by the plaintiff-Bank by its memo No. R.O. Mymen/442 with a condition to repay the loan in 10 equal installment. Being aggrieved on the stipulated condition the defendan......follows:- 1. Whether the suit is barred by limitation? 2. Whether the plaintiff is entitled to get decree as prayed for? 3. To what other relief the plaintiff is entitled to get under law & equity. 5. Defendant-respondent admitted that he has taken loan from the Agrani Bank...Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....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 the accused should be presumed to be innocent till the charges are ......nd non-examination of the wearing cloths made the whole case most doubtful one." 39. It is also stated in the case of Shan Khan Vs. The State reported in 13 DLR (WP) 91, "In the case of rape, according to the Modi's Medical Jurisprudence, the body specially the face, breasts, chest, lower ...... is also Reported in: 30 BLD (HCD) (2010) 220. ......ty 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 the accused should be presumed to be innocent till the char..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......tion, the provision provided in the new rules of 1982 shall operate and the employees shall be governed by 1982 rules. 18. Moreover, the respondents were appointed on or about 1982 and have been accordingly continuing in their service as such, being governed by Bangladesh Power Development Bo......972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordance with the circular dated 11-8-19......ervice rules which cannot be treated as precedents for further violation and as such, the respondent No.1 having not acquired any right to file the writ petition, the High Court Division has erred in law in not discharging the Rule. (2) "Because the High Court Division has erred in law in not d..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......tion, the provision provided in the new rules of 1982 shall operate and the employees shall be governed by 1982 rules. 18. Moreover, the respondents were appointed on or about 1982 and have been accordingly continuing in their service as such, being governed by Bangladesh Power Development Bo......972, 2973 and 2989 of 2001 making the Rule absolute. 2. The facts involved in the cases, in short, are that the respondents in the writ petitions made a prayers for direction upon the appellants to allow the benefit of one step out of turn promotion in accordance with the circular dated 11-8-19......ervice rules which cannot be treated as precedents for further violation and as such, the respondent No.1 having not acquired any right to file the writ petition, the High Court Division has erred in law in not discharging the Rule. (2) "Because the High Court Division has erred in law in not d..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......bution Limited the Appellate Division held- "If, in spite of a company or a enterprise being a public enterprise or a nationalized enterprise it is allowed by the Corporation to manage its affairs according to the rules of its Constitution, that is, its Memorandum of Association and Articles of A......ut assigning any reason by giving him a mere three prior months notice or the salary for the said period. However, such power shall only be used sparingly and with fairness. Every employee entering into service has a legitimate expectation to continue in the service till achieving the age of super......f 2008. Writ Petition No.12157 of 2006, Writ Petition No.4194 of 2007 and Writ Petition Nos.553, 554 and 983 of 2009. Judgment Tariq ul Hakim J.- All these Rules concerns common questions of law and facts and were heard together and are being disposed of by this single Judgment. In all the ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....X Rule 13 of the Code cannot be entertained. Secondly the learned judge without appreciating the materials on record and provisions of law, allowed such application, causing serious miscarriage of justice. 6. No one appears for the opposite parties to oppose the Rule. 7. On going to m......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. ......ubordinate Judge, First Court, Gazipur, allowing Misc. Case No.40 of 1998 filed under Order IX Rule 13 and section 151 of the Code of Civil Procedure (briefly as Code). 2. Short facts leading to this Rule are that on 08-11-1995 the petitioners as plaintiffs instituted Title Suit No.97 of 19......rte decree. So the application under the Provisions of Order IX Rule 13 of the Code cannot be entertained. Secondly the learned judge without appreciating the materials on record and provisions of law, allowed such application, causing serious miscarriage of justice. 6. No one appears for ..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
.... ingredients of section 138 of the Negotiable Instruments Act and as such the impugned proceedings is quite abuse of process of the Court and the same is liable to be quashed for securing the ends of justice. 6. Mr. Khondaker Boshir Ahmed, the learned Advocate for the opposite party No.2, on the ......ccused petitioner is that date of receipt of legal notice has not been mentioned in the petition of complain resulting actual cause of action has yet not been started and no offence has not disclosed according to section 138 of the Negotiable Instruments Act and as such initiation of proceeding agai......e Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequently the failure to disclose the cause of action can not render the proceedings under section 561A of the Code of C......osite party No.2, on the other hand, submits that the opposite party No.2 categorically described the very arising out of cause of action having no ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)
....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ...... 19, 2009. Result: The Rule is discharged. It is the general rules of procedure that every case whether Civil or Criminal shall be instituted in the Court of the lowest grade competent to try it. The rule of procedure has got imperative force to comply with it which cannot be ove......sing the jurisdiction of Sessions Judge, which implies that the petitioner moved before this Court denying the jurisdiction of Sessions Judge as such the revisional application is not tenable in law. 11. In the above context, it has been observed in the case of Alhaj Rahimuddin Shah V..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....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. ......he owner as a punishment indeed. 9. Media: Parveen is a thirty years old unmarried young woman who has been working as reporter for a vernacular daily. The environment of the organization, according to Parveen is prone to sexual harassment. She herself has become victim of sexual harassme......i 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 v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR ......he media, public and other places. 2. The facts leading to the issuance of the Rule, in brief, are: Bangladesh National Women Lawyers Association (BNWLA) was formed in 1979 by a group of women lawyers with an aim and objective to empower the women and children of their rights. 3. At prese..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ear 1983 up to 2003, special laws have been promulgated by the Government for safety of woman's body, but there is no achievement, rather parallel laws are running in Bangladesh. Principle of natural justice speaks that when there are two parallel laws, harsh law should not be applied to an accused ......ondemned prisoner did not examine any defence witness. At the end of the trial, the learned Judge found the condemned prisoner guilty of the charge leveled against her and convicted and sentenced her accordingly which we have already mentioned hereinbefore. 4. Mr. Md. Khurshid Alam Khan, the le......(Act No. VIII of 2000); section 6 (1) Under section 6(1) of Ain, 2000, the offence must be a complete one, not an attempt. . . The offence under section 6(1) would be complete when the victim is totally under control of the accused. Unless the victim be totally under the control of the perpetra......……………………(18) Section 6(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 is jumbled up sections 359, 360, 361, 362, 363, 364, 364A, 365 of the Penal Code and by this jumbled up, a law has been promulgated, which has not been drafted properly, and it stands as harsh law. Harsh law..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....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. ......d the accused petitioner; that the cheque was a security cheque of the business transaction and that the complainant filed this case with the security cheque which is illegal. He further submits that according to the complaint petition, the cheque was given on 4-10-2005 which was dishonoured on 7-2-......…………………… Petitioner Vs. Tauhid Uddin Ahmed & another...................Opposite Parties Judgment May 4, 2009. Result: The Rule is discharged. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Satya Narayan Podder Vs. State, ......on 7-2-2006; that the legal notice was sent on 12-2-2006 and the case was filed on 7-3-2006 i.e. after 25 days of issuance of notice and that case was filed in violation of the mandatory provision of law. He further submits that the complainant only mentioned the sending date of the legal notice but..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
.... in 14 BLC 66 and in the case of Ruby Leather Exports Vs. K Venu (1995) reported in 82 Comp Case 776 (Mad) Vol. 86, Page 943. Accordingly, he submits that the present Rule may be absolute for ends of justice. 5. Mr. Khurshid Alain Khan, the learned Advocate for the opposite party No. 2, on the ......with Mutual Trust Bank Limited, Khatunganj Branch, Chittagong in favor of the Opposite Party No. 2. The opposite party No. 2 in order to cash the aforesaid 8 (eight) cheques totaling Taka 2,24,28,120 according to advice of the accused petitioner deposited in the banks on 29-1-2006 but the cheques we......… Accused Petitioner Vs. State and another …………………………Opposite Parties Judgment April 29, 2009. Result: The Rule is discharged. Case Referred to- Ahsan Habib Chowdhury Vs. Multidrive Ltd, 14 BLC 66; Ruby Leather Exports Vs. K Venu (1995)...... the continuation of the proceeding of Sessions case No. 1110 of 2006 will be an abuse of the 8(eight) cheques were dishonored, but the complainant made a single complaint which is not permissible in law, law requires that a single dishonored cheque proceeding can be initiated against one cheque, no..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
89625280868385747124799589238422546485887947794885228586810792073289832168668081