Search Options
Judgment Advanced Search
Displaying 781-800 of 7038 results.
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....e of law of the Judgment and Decree passed in Admiralty Suit No.37 of 1999 in terms of operation of the same against the Opposite Party No.5. The Opposite Party No.5 submits that having regard to the facts and given that there was no contract between the Opposite Party No.5 and the Petitioner for th......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ......o.5, the said application dated 25.9.2005 for the execution of the said Decree against the Opposite Party No.5 must also be held to be not maintainable. 2. The Affidavit-in-Opposition is also in evidence of the contention of the Opposite Party No.5 that the said execution application dated 25.9..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....Court to grant bail, since rule 19 Gha imposes prohibition on a person to apply for bail who is accused of an offence under the Penal Code. 4. In deciding the point of law as aforementioned, the facts of the cases need to be briefly stated, which are as follows: The Rule issued in Criminal......in: 13 BLC (HCD) (2008) 111. ......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
.... parties in extenso. 11. The High Court Division exercising power under Article 102 of the Constitution does not work as a Court of Appeal and as such it is not required to make determination of facts on its own. It can interfere with the findings of a Court of facts under its extraordinar...... (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......ith the findings of a Court of facts under its extraordinary jurisdiction under Article 102 only if it can be shown that the Court has acted without jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the petitioner..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....n Case No.49 of 1998 convicted the appellant under section 6(1) and 14 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentenced him to suffer imprisonment for life. 2. The facts involved for disposal of the appeal are as follows: Most. Hena, the mother of the victi...... Md. Mizanur Rahman Bhuiyan J.-The appellant Fazlu alias Fazla preferred this appeal under section 24 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 challenging the judgment and order of conviction and sentence dated 18.05.2000 passed by the learned Judge, Nari-O-Shishu...... not realize though there were contradictions in the deposition of the P.Ws. and as such the same was liable to be set aside. He further submitted that the trial court even failed to realize the evidence of interested witnesses such as P.Ws.1, 2, 3 and 4 and the rest deposed contradictory and ..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
.... Case No.1462 of 2004 arising out of Mirpur Police Station Case No.61 dated 18.9.2004 under section 19A of the Arms Act rejecting the prayer for bail of the accused appellant. 2. Briefly, the facts the prosecution case are that S.I. Kamruzzaman of Dhaka Metropolitan Police Station Mirpur ...... trial of a case cannot be concluded within 360 days, the accused, if in custody, should be released on bail even in a case on non-bailable offence unless there is any special reason. Inordinate and unreasonable delay in holding the trial provides a good ground for considering an application f......mentary affidavit, he submits that several adjournments are being granted mechanically by the Tribunal since inception of the case, and the learned Tribunal Judge has not yet been able to record evidence of a single prosecution witness. At last the case has been fixed for examination of witnes..Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....calling upon the respondent to show cause as to why they should not be directed to allot 100 (one hundred) shops of the Hazrat Shah Ali Market, Mirpur, Dhaka, in favour of the petitioner. 2. Short facts leading to this Rule are that the petitioner is a Mukti Jodda Bahumukhi Samabaya Samity (brief...... Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Muktijoddha Bahumukhi Samabaya Samity………………………Petitioner Vs. Bangladesh and others………………….Respondents Judgment September 20, 2007. Result: The Rul...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....agency much low than the international price at the relevant time of submission of bills of entry.
33. We are amazed and amused at the lengthy and strenuous arguments of the learned advocates. Few facts may help understand the basis of the bone of contentions of the parties. The petitioner import......: 27 BLD (HCD) (2007) 555.
......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....earned Senior Assistant Judge, Joypurhat Sadar, Joypurhat, in Other Class Suit No.58 of 2004, rejecting the plaint of the suit under Order VII Rule 11(d) of the Code of Civil Procedure. 2. Short facts leading to this Rule, are that on 01-07-2004 the petitioner as plaintiff instituted Other Clas......ion) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others…………………….Opposite Parties Jud......ed for rejecting the plaint on the ground that the averments made in the plaint do not disclose a cause of action for the suit, the Court is not called upon to decide the suit on merit on taking evidence. It is only the averments made in the plaint which are to be considered to come to a findin..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adalat No.1, Bhola in Artha Rin Execution Case No.6 of 2001. 2. The facts relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bho......d in: 13 MLR (HCD) (2008) 64. ......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......t High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Nazir Hossain (Md.)....................Petitioner Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result:...... discarding other materials on record, as such, the impugned judgment and order is liable to be set aside. Learned Advocate further submits that there are sufficient direct and also circumstantial evidence against the accused opposite parties proved by the prosecution through independent disin..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....order dated 10-9-2001 issued by the Deputy Director, Bangladesh Bank (respondent No.3) under Memo No. Boi Mu Ni (Aba)144/10/2001-2250 cancelling Money Changer Licence of the petitioner. 2. Salient facts necessary for disposal of the Rule are as under: 3. The petitioner is the Proprietor of Ja......n (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosharraf Hossain (Md.)…………………………………………Petitioner Vs. Bangladesh Bank and another……………………………………………Respondents Judgment September 3......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....yed Mahmud Hossain J.- Writ Petition Nos.7785, 8121, 8122, 8123 and 8124 of 2005 were heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: ......lip;……………………………………………..Petitioner Vs. The Chairman, First Labour Court and another……………………………....... above five cases, the petitioner obtained 5 Rules from this Court. 16. Mr. A.K.M. Badruddoza, learned Advocate appearing for the petitioner in all the Writ Petitions, submits that there, was no evidence on record to hold that the petitioner terminated the services of the respondents for their ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....sed can be inferred from the given circumstances. In the case under review, circumstantial evidence falls far short of the legal test to be the basis of conviction of the accused appellants. In the facts and circumstances of the case and the evidence on record, we find no legal evidence on record...... (2008) 354. ......imprisonment The provision of law as regard burden of proof is, that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......vision (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Abdul Awal J The State………………………………………………………….…….State Vs. Tipu Gazi and others……………………………………………..Condemned-Prisoners Judgment ......onding accused. 8. In order to bring home the charge against the instant condemned prisoners and other accused prosecution produced 18 witnesses before the tribunal below. After the closure of the evidence of the prosecution witnesses other accused who were present before the tribunal were examin..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....l No.1, Dhaka, in petition Case No.07 of 2006 rejecting the petition case should not be quashed or pass such other or further order or orders passed as this court may seem fit and proper. 2. The facts of the case briefly are that on 29.1.2006 the petitioner filed a petition case before the Nari...... August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or material produced by the complainant at the enquiry not the oral t...... Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or material produced by the complainant at the enquiry not the oral testimony or any materi..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)
....lication No.214 of 2002. Judgment Mohammad Abdur Rashid J.-The above references on behalf of the applicants, who are proprietors of Islam Enterprise and Islam Builders were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax retur......……………………………………….Respondent Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai......y chartered accountants and the Appellate Tribunal erred in law in maintaining such wrong assessment of receipts. 13. He submitted that when the receipts in all the cases were proved by sufficient evidence, the Assistant Commissioner of Taxes had no authority to reject a part of said receipts and..Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31
State Vs. Saidul and others, 2007, 36 CLC (HCD)
.... by the oral dying declaration of the victims and other evidence on record and the name of the convict accused did not find place in the documented dying declaration and taking into consideration the facts and circumstances of the case and other pieces of evidence, one can find that there is doubt a......Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J Md. Fazlur Rahman J State………………………......................Appellant Vs. Saidul and others………………………..Respondent Judgment August 9, 2007. Dying ...... sole basis of conviction The dying declaration has been written by a responsible Magistrate in presence of the witnesses and the same had been duly proved and rightly and legally admitted into evidence. When the statement of the declarant was recorded, he was quite capable to speak and the la..Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25
.... notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy lies in the Civil Court and not under summary Writ Jurisdiction………...... Court Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
Sheikh Abdul Awal J
Mosammat Momina Begum………………………Petitioner
Vs.
Additional District Judge and Bankruptcy Court, Dhaka and others…………….....Respondents
Judgment
August 9, 2007.......the Respondent-bank by filing an affidavit-in-Opposition opposes the Rule. The learned Advocate in the course of his argument after placing the impugned Judgment and decree of the Bankruptcy Court as evidenced by "Annexure-B" to the writ petition relying on the decisions reported in 5 MLR (AD) 297, ..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....nstruction Act because the section clearly stipulates that the sanction can only be cancelled if there has been a breach of the terms and conditions of the sanction or concealment or mis-statement of facts and that in the instant case the respondents neither breached the terms and conditions of th......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-......ce, 1980 read with Civil Aviation Rules, 1984 a person is required to obtain clearance certificate from the Civil Aviation Authority in respect of construction in or near about the Transition Zone as evidenced from Annexure-I, the Notification dated 31-11-1993 stating that clearance from the Civil A..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....the effect that the brother of accused and other relatives came to place of occurrence and snatched away accused Majid, in reply this witness disclosed that he stated to Investigating Officer all the facts. This witness could not mention the date and month of English calendar. This witness denied th......nbsp; Criminal Appeal No.402 of 2000. Judgment SAK Md. Dabirush-Shan J.- This criminal appeal at the instance of sole accused-appellant Md. Abdul Majid is directed against the Judgment and order dated 29-2-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat......lained to the accused-persons who pleaded not guilty and claimed to be tried. 8. The Nari-o-Shishu Nirjatan Daman (Bishesh) Adalat, Jessore after concluding the trial and on consideration of the evidence on record found the accused-appellant Md. Abdul Majid guilty under section 6(1) of the Nari..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
87808413917986298542848785258784865886798361875486808523850985318530810482448418