Search Options
Judgment Advanced Search
Displaying 701-720 of 5586 results.
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......J Abul Hasnat Nurul Kabir………………………………………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment March 12, 2008. ......39;s Uttara Branch, Dhaka against the accused petitioner's current account No.11014947 for encashment. As there was no sufficient fund, the cheques were dishonoured. The complainant issued a legal notice dated 23.10.2005 according to section 138 of the Negotiable Instrument Act, 1881 f..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ...... Fakir…………………………Appellant Vs. State…………………………...........Respondent Judgment March 6, 2008. Result: The Criminal Appeal is allowed and the Jail Appeal is accordingly disposed. The Children Act, 1974 (Act No. XXXIX of 1974), se......do not make false confession or confessions under threat or coercion. . . When children are taken to record their confessional statements, they must be accompanied by a parent, guardian, custodian or legal representative. The Constitution in Article 35(4) gives the citizen the right to remain silent..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. .............Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed. The judgment and order of conviction and sentence is set aside. Jail Appeal No.4954 of 1991 is disposed. ......ar the appellant before us, when examined under section 342 of the Cr.P.C., filed a written statement to the effect that the confessional statement was extracted from him through police torture and illegal confinement in police custody for 21 days. 5. No one has appeared in support of the appeal..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
.... a title suit for declaration of decree of the Title suit being No.9 of 1998 as null and void and not binding upon the plaintiffs-opposite parties. 3. The plaintiffs suit in short is that the suit property under the Mouza Bhaigor, C.S. Khatian No.392, C.S. Dag No.752, measuring .27 acres of land ......dgment here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Kazi Ali Ahmed………………………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Resu......ibi, Sonai Bibi, Rahela, Turab Ali and Sukur Ali has became the owner of the suit land. Dawlat Bibi died leaving behind her son Sujat Ali and 2(two) daughters namely, Khadija and Whahidunnessa as her legal heirs. Thereafter the aforesaid heirs of Afsin sold out the suit, property to the plaintiffs v..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)
....unt No.5721 in Agrani Bank, Daulatpur Branch and sent Tk.5,80,000.00 and also Tk.3,50,000.00 i.e. the money received from house rent, to the accused petitioner. The accused petitioner sold the landed property of the complainant purchased in the name of the accused petitioner at a cost of Tk.13,25,00...... Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md.Hassan Ameen J Mrs. Rehan Parvin @ Shohely Parvin…………………...Petitioner Vs. The State and another………………………………...........Respondents Judgment February 19, 2008. ...... return the said property. When the said property and money were demanded the accused petitioner with hired gonda elements, driven out the complainant from the said property. The complainant served a legal notice. The complainant for his safety, instituted Petition Case No.116 of 2004 which case was..Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....Panchagar in Other Class Suit No.19 of 2003 decreeing the suit in favour of the plaintiff should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. The opposite party Nos. 1-8 as plaintiffs instituted Other Class Suit No.19 of 2003......also Reported in: 13 MLR (HCD) (2008) 193. ......…………Opposite parties Judgment February 18, 2008. Result: The rule is discharged. Cases Referred to- Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216; Noor Mohammad Khan and others Vs. Government of th..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....ney-General along with Mr. SM Shajahan Kabir, the learned Assistant Attorney-General for the State, submits that the appellant has been rightly convicted under sections 392/411 of the Penal Code on proper appreciation of the facts and circumstances of the case and evidence on record and that no ......tion 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the......s whether the presiding officer of a Court should simply sit as a mere umpire at a contest between two parties and declare at the end of the combat who has won and who has lost or is there not any legal duty of his own, independent of the parties, to play an active role in the proceedings in f..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....r dated 9.03.2005 passed by the learned 5th Assistant Judge and Family Court Judge, Dhaka in Family Case No.400 of 2005 should not be set aside and or pass such other order or orders may seem fit and proper. 2. The question which falls for determination in this Rule is whether the custody of the ...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......her deposition. 14. In reply the learned Advocate Mr. Md. Ziaur Rahman appearing on behalf of the opposite parties submits that the petitioner herself cannot claim the child as she left that right legally and by this time the child has attained the age of 7 years. She lost her right to the cus..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
...., disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title a......osite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as ......ccasioned to the defendant-petitioners, the Rule is liable to be discharged. The learned Advocate submits that the trial Court decreed the suit rightly and the Court of Appeal below very cogently and legally dismissed the appeal. He submits that the scope of interference with the concurrent findings..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....pectively passed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 309 of 1996 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule are that opposite party Nos. 1-8 as plaint......an)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that would definitely shake the faith of the litigant peo......said order of default passed on 30-6-1998 took its effect and the suit stood dismissed and thus the learned Subordinate Judge became functus officio, all orders passed by him subsequent thereto are illegal and are of no legal consequence and, as such, those are liable to be set aside and a formal or..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... The Special Powers Act of 1974 being a special law provides a measure of preventive detention. Obviously the Government has the right to detain any citizen which the Government may deem fit and proper for the public interest as well as for the protection of the law and order situation. But it...... Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. ......n the grounds supplied may lead to the conclusion of non application of mind by the detaining authority. Absence of nexus in between the initial order of detention and grounds made the detention illegal…………………………….(7) Repetition of legal text only means non applicatio..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....tan Daman Ain, 2000. In the face of arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence on record in order to come to a proper decision in this appeal. 13. P.W.1 Md. Shariful Islam is the husband of the victim, Shan...... 513; Md. Abdul Khaleque Vs. State, 12 DLR (SC) 165; Rashid Ahmed Vs. State, 10 DLR 532; Mafizuddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant. Umme Kulsum Begum, Deputy Attorney-Gener......me to depose in support of the prosecution case and the witnesses who deposed in the case are all close relatives of the informant and they are the partisan witnesses and that the court below acted illegally in convicting the appellant basing on the evidence of such interested witnesses. It is furth..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....3.1998 (Annexure-L-1) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts giving rise to this rule are as follows:- The petitioner No.1 is a practicing......e is also Reported in: 14 MLR (HCD) (2009) 264. ......d (Annexure-G) and R.S. Map being Plot No.3319 (Annexure-L) and the gazette notification dated 09.03.1998 (Annexure-L-1) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....te justice, did not interfere with the judgment of the High Court Division. 21. Furthermore, from the judgment of the Appellate Division it appears that in that case the respondents acquired the property by way of inheritance after the death of one Nurul Haque Patwari and the writ petitioners d......ed the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and requested the Bank for re-scheduling the outstanding debt with simple interest. But the Bank ins......ate — For Respondent No. 5. Writ Petition No. 6107 of 2004. Judgment Zinat Ara J.- In this writ petition under Article 102 of the Constitution, the petitioner has challenged the legality of Order No. 29 dated 4-10-2004 (Annexure-G) passed by the learned Judge of the Artha Rin A..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....ly two sons namely, Mukunda and Gopal. By an amicable settlement between these two brothers Mukunda got the suit land. Mukunda in exercising his sixteen annas right, title and interest in the suit properties approached to plaintiffs father for taking settlement of the suit properties on payment ......Case is also Reported in: 61 DLR (HCD) (2009) 509. ......enlisted as Vested Property. One Abdul Barek prayed for lease of the suit properties and an investigation to the effect is going on and that Gopal Chandra, Santi Chandra Das and Abdul Matin are the legal possessors in the suit properties which have already been enlisted as vested property and tha..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
.... that since the decree has been passed against the Defendant Nos.1 to 5 in the Suit, the Petitioner is, therefore, entitled to recover the balance of the decretal amount of Tk. 11, 33,562.50 from the properties of the Opposite Party No.5 who is the agent of the vessel M.V. PELEAS K. This application......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ......arty No.5 Mr. Kamal-ul-Alam has also submitted on the jurisdiction of an executing court as operates, albeit exceptionally and within extremely narrow limits, to go behind a decree in questioning its legality or correctness. That exception is well explained, for example in Sunder Dass Vs. Ram Parkas..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......ndent Judgment December 2, 2007. Result: The rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with A.K.M. Faiz, with H.S. Deb Barman-For the Petitioner. Khandaker Diliruzzaman, Assistant-Attorney General-For the Petitioner. Criminal Miscellaneous Cas......aring for the State. Dr. Kamal Hussain, learned advocate appearing for the accused petitioner submits that allegations in the forwarding report are concocted, vague and indefinite and same furnish no legal or rational basis for arrest of the accused petitioner merely on apprehension or suspicion. Ad..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)
....ivil cases during Civil Court vacation of the subordinate judiciary in every December order of orders and/or such other or further order or orders that may be passed as this Court may seem fit and proper. The Rule is made returnable within 2(two) weeks from date” ৩। জন......ব প্রদান করিবার আবেদন করিয়া অত্র রীট মোকাদ্দমাটি দায়ের করা হইয়াছে। Human Right and Peace for Bangladesh নামক সংস্থার সভাপতি এ্যাডভো......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ..Category: Others | Date: 2 Dec, 2007 | Hits: 7
....78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
......hellip;…………………………………………………Petitioner
Vs.
Customs, Excise and VAT Appellate Tribunal, Jotsna Complex…………………Re......etitioner submitted a representation to the Member (VAT) of the National Board of Revenue for adjustment of the aforesaid input VAT. As the petitioner received no reply, it was constrained to serve a legal notice dated 26.04.01 upon said respondent No.2 demanding justice for early disposal of the pr..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
.... the impugned judgment and order dated 25.11.19.96 (Annexure-J) passed by the 1st Court of Settlement, Segun Bagicha, Dhaka (respondent No.1) rejecting the prayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' list of abandoned prop...... (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; T......e of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' list of abandoned properties should not be declared to have been passed without lawful authority and to be of no legal effect. 2. In Writ Petition No.1042 of 2001, a Rule Nisi was issued upon the respondents ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
91828044529884938573864085918051844582328631843784688722865087808753864587529179