Search Options
Judgment Advanced Search
Displaying 721-740 of 2293 results.
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......secution witness the approach must be whether the evidence of a witness carries a ring of truth or evidence is tainted with falsehood and Court got an arduous duty to scrutinize the evidence more carefully keeping in view the deficiency, draw back, infirmity, discrepancy coming out from the mouths o......e of section 342 of The Code causes prejudice to the accused. It is eminent that it is the duty of the Court to question accused properly and fairly bringing home to his mind in clear and simple language the exact case he has to meet and each material point that is sought to be made against him and ..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......plied for LC limit for import of raw material for production and accordingly, the Bank sanctioned LC Limit for Taka 10, 85,250 by letter dated 12-8-87 but the petitioner did not avail of the limit in full and it only availed of the facilities for Taka 5, 97,000 by apprising letter of credit. As agai...... industries were also closed down for similar reasons. On that, the petitioner made applications to the Ministry of Industries and Ministry of Finance for suitable remedies but with no result. The management of the closed small industries formed a group namely, Bangladesh Sick Industries Association..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......rned Advocate for the respondents while defending the High/Court Division's judgment contended that the very proceedings under Order IX, rule 13 C. P. C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the C......"17. Since this is allegedly a case of refusal to accept service, the following provisions of Order 5 Rule 17 of the Code of Civil Procedure are to be kept in view: "17. Where the defendant or his age or such other person as aforesaid refusal to sign the acknowledgement, or where the serving offi..Category: Procedural Law | Date: | Hits: 133
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ...... that Sree Krishna Devnath being in exclusive possession over the Ka and Kha schedule lands and his wife Jayananda Sundry died. It is further stated that the plaintiffs are sons of Ananda Sundry, the full sister of Sree Krishna Devnath and, as such, they inherited the suit lands along with other p......of and the awards prepared for payment of compensation in their names and the money was paid on 29-6-1970 to them since no objection was received from anyone. The plaintiffs filed objection at late stage and, as such, no action was taken. The contesting defendants also denied allegation that the def..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ...... their ignorance about the incident itself. 11. According to Mr. Khan, even the deposition of P.W.1, the informant, also does not support the FIR version in all material particulars; rather, it is full of inconsistencies. Mr. Khan submits that although the informant stated in the FIR that he was ...... of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of sections 386 and 387 of the Penal Code are confined to cases which remain only upto the stage of 'threat', but once the act of extortion is actually committed, sections 383 and 384 of the ..Category: Criminal Law | Date: | Hits: 62
.... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......Ext.1. This shows clearly that this Ext.1 was not acted upon nor was it meant to be acted upon by Ramoni Mohan even during his life time." This contention of the tenant defdts was corroborated to the fullest extent by plff No.2. But I may observe here that there is an apparent clash of interest betw......metemal aunt of Ramanbi Mohan Das. She took her name as Brajangana Baishnabi and she was very cunning, while Ramani Mohan was simple and innocent person and used to live in the Akhra and taking advantage of Ramani's old age and simplicity and for deriving illegal gains managed to file 3 rent suits N..
Category: Property Law | Date: | Hits: 102
Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......ily and thus the alleged story of dispossession of the defendant by the plaintiff Md. Ishaq Ali is not a believable one, that the defendant Syeda Sirajunessa Khatun collusively created Exhibit G with full knowledge of the previous contract in respect of the suit property with the plaintiff Md. Ishaq......tober, 1965 and 31st July, 1966 said to have been executed by Samir Kumar Chowdhury were forged and collusive. The plaintiff along with his brother Ershad Ali was influential persons and taking advantage of lawlessness after the liberation of Bangladesh forcibly entered into the suit property and ev..Category: Civil Law | Date: | Hits: 138
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......n to take any view different from what is taken by the learned Subordinate Judge. 11. Mr. Abul Quasem, learned Advocate appearing on behalf of the appellant submits that the appellant has successfully proved its title and possession in the suit land. The 11 registered deeds by which the land is......d wakf is religious, pious or charitable. Under the Muslim law a property does not vest in the Mutawalli. He is, therefore, not a trustee in the technical sense. He is merely a superintendent or manager of the waqf property…………….(17) The Mussalman Wakf Validating Act, 1913 (Act No.VI ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ...... follows: "where a statute incorporates by reference the whole or any part of an earlier statute the provisions so incorporated are in general to be construed as they would be if set out in full in the later statute. Where a general Act is incorporated with a special Act subsequently pas...... made such a determination that also was not open to appeal in view of sub-section (3) of the said section 91 A. In the new section 91A introduced in 1963 which has been drafted in a different language, there is no express provision like sub-section (3) of the old section of 91A barring appeal fro..Category: Fiscal/Taxation Law | Date: | Hits: 128
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......he delivery of the same. In this respect this Court notes that the referred decision of the case of KYCR Coil Industries Ltd Vs. MV Thor Transity and other reported in 10 BLC 663 has relevance to its full extent. 27. But it appears that admittedly 1,500 MT of wheat has been discharged into the li......rt heard the parties on the application and now disposes the same by this single order. 2. This Court on 8-11-2010 passed an order of arrest of the vessel 'MV BK Ace', now lying at the outer anchorage of Chittagong Port on the prayer of the plaintiff LMJ International Limited, which instituted th..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......that there is no default clause in rule 4 of Rule, 2007 making the respective police station to send the FIR to the office of commission with in 2 days of lodging the FIR a mandatory one. We are in full agreement with the above proposition of law. 18. Before parting with this cases it may be ......e accused-petitioner who pleaded not guilty and claimed to be tried. Alter that, prosecution witness No.1 was examined as well as cross-examined on that very date of framing charge. It is at this stage the petitioner has invoked the jurisdiction of this Court under section 561A of the Code of Cr..Category: Procedural Law | Date: | Hits: 86
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....se the presumption of legitimacy under this provision it must be proved that at the date of birth of the child a valid marriage existed between the mother of the child and the father. Where a man and woman are proved to have lived together as husband and wife the law will presume, unless the contrar......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......ence whether or not they had access at the time of conception. It is only the husband and wife who could say whether they had co-habitation or not. If any child is born during the subsistence of marriage, the presumption is that the child was born in the wedlock, unless the person who denied the sai..Category: Family Law | Date: | Hits: 114
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......also submitted that section 21, twelfth (a) of the Penal Code clearly include a MP as a public servant and the trial of the petitioner under section 5(2) of the Prevention of Corruption Act, 1947 was fully justified. 21. Lastly, he strenuously submitted that this Division particularly this Bench ......e Constituency-94, (Narail-2) for the years 2001-2006. He was a Vice-Chairman of Khelafat Majlish, Founder Chairman of Al-Markazul Islami and also Founder of 14-15 Education Institutions under the management of Al-Markazul Islami. 3. By the Notification being SRO No.266 dated 22.08.05 issued unde..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......der sections 143/341/302/379/34 of the Penal Code, alleging, that, accused petitioners in collusion with each other and on the conspiracy of the accused No.1, on 11-9-2004 at about 8-15 PM, while the full brother of the informant, deceased, Ayub Khan, with his cousin's husband, Babul was returning h......y respect the law and restore faith in the Court, only those cases should be transferred to Druta Bichar Tribunal to ensure faith in law and justice …………………….(15) Whether at any stage of the proceeding case can be transferred to Druta Bichar Tribunal. There is no guideline an..Category: Procedural Law | Date: | Hits: 84
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......nd the number of total valid votes being 870, the obvious conclusion is that rigging took place. In such circumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with the election and cancel the result an......act to the joint Secretary and Election observer on 28‑12‑97 vide Annexure‑2 and 3 in the Affidavit‑in‑opposition. It is further stated that on 31‑12‑97 when the respondent No.4 and his agent went to the centre on the day of the election, they were driven out by terrorist party from th..Category: Election Law | Date: | Hits: 591
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......hapur, Police Station - Ashulia, formerly Savar, Dhaka as requested by the demand of justice notice dated 12-7-2007 (Annexure-A) shall not be declared to be void and to have been made without any law full authority and is of no legal effect. 2. Facts relevant for the disposal of the Rule, in brie......acing reliance on two decisions namely, Faridsons Ltd. Vs. Government of Pakistan reported in 13 DLR (SC) 233 and Nawabkhan Abbaskhan Vs. State of Gujrat reported in AIR 1974 (SC) 1471 mooted out the age old maxim Audi altered partum on the circumstances as stated above and argued that without givin..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......y Education, Comilla, in absence of any Service Rules of its own, may follow the Government Servants (Discipline and Appeal) Rules, 1985 but in that case such a Statutory Body must follow the same in full and not in part………….(17) Case Referred to- Chairman, Bangladesh Council for scien...... Appeal here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Md. Shafiqul Islam, son of late Sekendar Ali, village-Uttar Chartha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), Col..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......e the accused has no power to cross-examine the man who made dying declaration as he drew his last, it is essential for Court to insist that dying declaration should be of such a nature as o inspires full confidence of Court in its truthfulness and correctness. Court has always to be on guard to see......our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslaught perpetrated upon any victim. Innocent persons, including aged, infirm, rivals including political rivals, are booked for standing on dock. Some are acquitted..Category: Criminal Law | Date: | Hits: 85
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......ion authority aided by the law enforcing agencies. It was further contended by the Respondent that the petition is not maintainable for non‑compliance of Article 51 of the Order; for not containing full particulars of nor stating the date and place of any corrupt or illegal practice or other illeg......od Division, Government of Bangladesh, Dhaka and others Vs. MF Limited, a Private Company Limited, 44 DLR (AD) 166; Pratap Singh Vs. Krishna Gupta, AIR 1966 SC 140; Vice-Chairman EP Enemy Property Management, Board, Dacca and others Vs. Shah Gulam Nabi and others, 27 DLR (AD) 156; Syed Mofazzal Hoss..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ......n preferred against the judgment and decree dated 25.10.03 and 01.11.03 respectively passed by the Joint District Judge, First Court, Chittagong, in Partition Suit No.72 of 2003 decreeing the suit in full in preliminary form. 2. Facts necessary for the disposal of the appeal, in brief are that th......embers of the undivided dwelling house. …………………………(25) Cases Referred to- 1998 BLD (HCD) 528; 12 PLR Dhaka 835; AIR 1928 Cal, 539; Kalipada Vs. Tulshidas, AIR (Cal) 1960 at page 467; Boto Krishna Ghose Vs. Akshay Kumar Ghose, 54 CWN 666; Nil Kamal Bhattacharya and another V..Category: Property Law | Date: | Hits: 132
81028101809880928091808580768073807280708068806380558054804980458042804080318027