Search Options
Judgment Advanced Search
Displaying 781-800 of 2867 results.
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
.... the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......arties. Civil Revision No.2882 of 2009. Judgment AFM Abdur Rahman J.- This Rule under section 115(1) of the Code of Civil Procedure 1908, dated 18-8-2009, issued at the instance of the plaintiff appellant petitioner Syed Ghulam Shahriar, is directed against the Judgment and order date..Category: Property Law | Date: | Hits: 88
....we heard them together and now dispose of them by this common order. We also think, the facts of one case would be sufficient to understand the issue (s) at which the parties are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul Khal...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......red in their names and finally published in respect of RS Plot No. 1229, 1258, 1261, 1266, 1259 appertaining to RS Khatian No. 386, Annexure K.
9. Over the construction, respondent No. 2 made a complaint under section 145 of the Code of Criminal Procedure before the Chief Metropolitan Magistrate ..
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an affidavit at the end of any statement not only gives the same a to......amend the petition in order to incorporate the complicity of the Respondent in restraining the voters from voting. That application was allowed and later withdrawn upon an application challenging the amendment being filed before the Appellate Division. 6. The Petitioner prayed for an order that t...... election committee. 38. Exhibit No.38 Allegations 39. Exhibit No.39 Coloured Poster. 40. Exhibit No.40 Complaint. 41. Exhibit No.41 Notice. 42. Exhibit N..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....Partition Act must be construed liberally and the terms should not be taken to mean not only the structure or building but also adjacent building, garden, courtyard, orchard and all that is necessary for the convenient occupation and enjoyment of the house. It is enough if the house or its appurtena......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. ......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 the respondent as sole plaintiff instituted partition suit No.95 of 2002 in the 3rd court of Joint District Judge, Chittago..Category: Property Law | Date: | Hits: 132
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
.... The rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The Penal Code, 1860 (Act No. XLV of 1860); section 406, 420 and 109 Receiving any money for transfer of a land and getting any registered sale deed thereof - are the matters that fall abso......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ...... or orders passed as to this Court may seem fit and proper. 2. Essential facts which are required for disposal of this rule are that the opposite party No.2 as complainant filed a petition of comÂplaint before the Magistrate, 1st Class, Nalishi "Ka" Anchal, Adalat Satkhira under section 406/420 ..Category: Criminal Law | Date: | Hits: 102
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
....ed. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient ownÂer and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…â...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......imporÂtant ingredient for finding easement by prescription is whether the enjoyment is in assertion of right. Having a proper regard to the law of easement by prescription it is easy to see that the plaintiff in the present case neither made out, nor proved any right of easement by prescription…â..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....lf same allegations against the same accused, and the accused petitioners having been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiaÂting the impugned 2nd complaint proceeding. The principle of double je......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......-Parties Judgment August 8, 2010 Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 247, 248, 249, 403 and 561A Whether a complaint case previously instituted on the self same allegations against the same accused, and the acc..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
.... orders passed as to this Court might seem fit and proper. 2. At the time of issuance of the rule the operation of the impugned judgment and decree dated 10-6-1999 was stayed. 3. Facts relevant for the purpose of disposal of the rule in short are that the plaintiff and the defendant No.4 enter......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......2. At the time of issuance of the rule the operation of the impugned judgment and decree dated 10-6-1999 was stayed. 3. Facts relevant for the purpose of disposal of the rule in short are that the plaintiff and the defendant No.4 entered into a contract with the defendant Nos.1-3 for purchase of ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....iff site should produce more credible evidence e.g. the dower fixed in other marriages of the girls of that family, the family status of the plaintiff and other relevant matters such as "age, beauty, fortune, understanding and virtue" of the girl……………….(34) If there is no kabinnama an......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......laq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fixed in other marriages of the ..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....r should be prevailed. Section 48 of the Transfer of Property Act creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" means that who is present before the time has the better right i.e. the transÂferor cannot prejudice the right of the transfere....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......that who is present before the time has the better right i.e. the transÂferor cannot prejudice the right of the transferee by any subsequent dealing with the property. On the basis of this maxim the plaintiff has created right from the transferor though the said transferor is trying to prejudice th..Category: Property Law | Date: | Hits: 134
....of 1999, which affirmed the decree of the trial Court in dismissing suit.
2. On 01.12.98 the petitioner and six others instituted a suit being Title Suit No.78 of 1998 against the opposite parties for a decree declaring that their predecessors had title by way of 'pattan' in the suit land measuri......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......The record of rights prepared in the name of the government during the last revisional survey has got no basis since the suit land was already correctly recorded in the name of the predecessor of the plaintiffs and they have been in possession of the suit land. Even if the plaintiffs failed to prove..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
.... evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, are not ava......ey-General, on the other hand, contends that the powers of a District Magistrate or an Additional District Magistrate in making an order of detention on a person has not been curtailed even after the amendment of section 10 of the Code of Criminal Procedure by Ordinance No. LXXXVI of 1976. He furthe......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
.... District Judge 1st Court Noagaon allowing T.A. No.154/97 setting aside judgment dated 19.5.97 of dismissal of O.C. suit No.197/94 by Assistant Judge 3rd Court Patnitala, Noagaon and sending the suit for remand to the Trial Court for further evidence by the parties in the light of observation made i......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ...... of 2002. Judgment Md. Abdul Quddus J.- Rule was issued under section 115(1) of the Code of Civil Procedure at the instance of one Momtaz Uddin defendant No.2 respondent-petitioner calling upon plaintiff-appellant-opposite party No.1 to show cause as to why judgment dated 27.4.2002 by Addition..Category: Procedural Law | Date: | Hits: 118
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....bank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from informing the bank of forgery…………………………(11) The banks have the defence of estop......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......gment and the decree dated 28‑2‑1999 passed by the learned Subordinate Judge and Commercial Court No.1, Dhaka, in Money Suit No.3 of 1995. By his judgment the learned Judge granted the relief the plaintiff asked for by way of monetary compensation to the tune of Taka 3,52,000 (three lac fifty-tw..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....anding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of the receipt of notice. As per section 177 and 183 of the Code of Criminal Procedure if the aforesaid six different acts were done in six different localities, any of the Courts exercising juri......eque was issued Cox's Bazar. 22. The learned Advocate for the opposite party submits that since the occurrence took place at Cox's Bazar, so the case was rightly filed in Cox's Bazar and after the amendment of Negotiable Instruments Act on 3-02-2006 the learned Sessions Judge has been empowered t......able Instruments Act, the petitioner preferred this petition before this Court and obtained the Rule. 7. Mr. Abdul Jalil, the learned Advocate for the petitioner submits that accordingly to the complaint petition, the Global Air Link made an agreement with Air Parabad Ltd. to take rent of four ca..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....nserting section 339B in Cr.P.C. they did not consciously make any correÂsponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C.......at the time of insertion of section 339B the lawmakers were aware about the existence of section 537 Cr.P.C., while inserting section 339B in Cr.P.C. they did not consciously make any correÂsponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali ......10.10.84 the comÂplainant returned to Bangladesh and demanded the said money from the petitioner who denied to have received the same from the complainant. This resultÂed in filing the aforesaid Complaint Case No.5 of 1985. 3. Upon filing the complaint the Magistrate issued summons to the petit..Category: Criminal Law | Date: | Hits: 110
....€‘1995 passed by the learned Subordinate Judge, 3rd Court, Mymensingh in Partition Suit No.141 of 1994 rejecting an application under Order 14 rule 2 of the Code of Civil Procedure and an application for rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure.
2. Opposite par......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
......learned Subordinate Judge, 3rd Court, Mymensingh in Partition Suit No.141 of 1994 rejecting an application under Order 14 rule 2 of the Code of Civil Procedure and an application for rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure.
2. Opposite party Nos.1 and 2 as pla..
Category: Procedural Law | Date: | Hits: 152
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....Rita Bimala Purification, predecessor-in-interest of First-Fourth-opposite parties as Plaintiffs on 7.4.1981 instituted a Suit being Title Suit No.434 of 1981 in the Court of Subordinate Judge, Dhaka for a decree of partition in respect of A and B property described in schedule to plaint impleading ......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ...... as Plaintiffs on 7.4.1981 instituted a Suit being Title Suit No.434 of 1981 in the Court of Subordinate Judge, Dhaka for a decree of partition in respect of A and B property described in schedule to plaint impleading Kiron Purification and others as Defendants. Suit was transferred to some other Co..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....dated 21.11.2008. 3. We have perused the writ petition and the Affidavits-in-Opposition arid the Supplementary Affidavit. We have considered the submissions made by the learned Advocates appearing for the petitioner, the respondent No.5 as well as the learned Additional Attorney General and the l......sts were introduced by the Senior Service Pool Order, 1979, wherein 50% of the posts of Deputy Secretary and above, in the Ministry of law, were reserved for the Judicial Officers and subsequently by amendment the said percentage of 50% was enhanced to 75%, including post of Secretary, Ministry of L......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....s last designation was 'senior machineman' and his gross wages was Tk. 5,767.50 per month. Respondent No.2 was elected assistant general secretary in the election of Collective Bargaining Agent (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the mana......orker concerned has been deprived of the benefits specified in that section, (emphasis supplied). 14. It is important to note here that this proviso was amended by Ordinance No, 16 of 1985. Before amendment, the proviso was as under: “Section 25(1)(b): Provided that no complaint shall lie ag...... The petitioner is a non-government, non-profiteering and voluntary organization, namely, BRAC, which has an office at Tongi, Gazipur. In Writ Petition No.7785 of 2005, respondent No.2 filed Complaint Case No.43 of 2000 in the First Labour Court in Dhaka under section 25(1)(b) of the Employmen..Category: Labour and Industrial Law | Date: | Hits: 138
80358034803180278021801980188017801680158014801180098003800179997992798479837982