Search Options
Judgment Advanced Search
Displaying 881-900 of 2955 results.
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......red upon establishment of the fact of their being freedom fighters and they were paid for the 32 years, of receiving Honorarium/Rastrio Sammani Bhata in total disregard of the universally accepted principle of natural justice or in others words without hearing them or affording an opportunity to......onorarium…………………………(9)
A document must be annexed to validate any injury or disability to get remedy.
Disabled freedom fighters with 5%disability and enlisted with the Trust for the first time in 2004-2008, cannot claim themselves in any manner to stand on same footing with......y to the extent of 20% or above were classified in three categories from 1 to 3 and those who had 1-19% disability were not entitled to any state honorarium. In 2003 a fresh medical test was held for determination of the degree of disability of all injured freedom fighters, on furnishing report of w..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......aw.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude further investigation in respect of an offence after a report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petiti......rther investigation in such case alleging fraud and forgery would discourage foreign investment in the country and that ultimately would go against economic interest of the country. 13. Points for determination in this case is whether, in the back ground of this case, the order for further invest..Category: Criminal Law | Date: | Hits: 124
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......achment as per section 146(2) of the Code. Next he can pass an order to appoint a receiver………………(16) Order of attachment of property At the stage of the enquiry initiated by calling for the written statement for both the parties to ascertain the possession and other relevant issues......udge in passing the impugned order did not commit any illegally and his order does not amount to abuse of the process of the Court. Accordingly he prayed for discharged in the rule. 10. Points for determination in this case before us is whether the impugned judgment and order dated 16-1-2006 pass..Category: Criminal Law | Date: | Hits: 105
.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......e same title, in a court competent to try such subsequent, suit or the suit in which such issue has been subsequently raised and has been heard finally decided by such court.
18. It is established principle of law that court can reject the plaint at any stage of the suit if any of the requirement......f Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11
The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litig......in 53 DLR (AD) 12 and the decision in the case of Jahanara Begum Vs. Md. Aminul Islam Choudhury and others reported in 2 MLR (AD) 112 in support of his contention.
12. The point that calls for our determination is whether the learned District Judge committed any error of law in passing the impugn..
Category: Procedural Law | Date: | Hits: 165
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ....... The short fact leading to this Rule is that, the petitioner being pre-emptor filed a Miscellaneous case being No.15 of 1994 in the court of learned Senior Assistant Judge, Sadar Lalmonirhat seeking for pre-emption of the land transferred by the Kabala dated 23.11.1993 execute and registered by the...... Ahmed and others reported 49 DLR 347 and the case of Amirunnessa and others Vs. Abdul Mannan and others reported in 3 BLC 404 in support of his contention. 13. The moot question that calls for my determination is whether the application under section 151 of the Code of Civil Procedure for settin..Category: Procedural Law | Date: | Hits: 162
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......s also unsystematic and to some extent incoherent inasmuch as the learned Assistant Sessions Judge started writing the Judgment narrating first the defence version of the case ignoring the cardinal principle of criminal Justice system that in a criminal trial the responsibility of proving the char...... of GR No.43 of 2001 corresponding to Burichang PS Case No.10 dated 19-4-2001 convicting the appellants under section 394 of the Penal Code and sentencing both of them to suffer rigorous imprisonment for 10 years and also to pay a fine of Taka 1000 each, in default to suffer rigorous imprisonment fo....... During argument the learned advocate for the convict-appellants did not also raise any dispute regarding the commission of robbery on the persons of P.W.4. Now the pertinent question that calls for determination is who committed the robbery. 22. P.W.4 is the most vital witness of the presen..Category: Criminal Law | Date: | Hits: 83
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ...... of a statute according to the ordinary and natural meaning of the language used by the legislature as the language so applied best declares the intention of the legislature and recourse to any other principle of interpretation is unnecessary…………………………(21) Admittedly, while......on 3 of the Arbitration Act, 2001, it is apparent that the intention of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration, pursuant to section 3(2) read with sections 45, 46 a....... Accordingly, the application under section 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ...... of a statute according to the ordinary and natural meaning of the language used by the Legislature as the language so applied best declares the intention of the Legislature and recourse to any other principle of interpretation is unnecessary…………….(20) The literal construction of the p......scribed sentence to him on the basis of his plea of guilty under the Ain………………………..(11 & 13) There is no provision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detaining an accused in poli...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......t the plaintiff had no legal character to institute the suit. Therefore, I hold that the suit itself was not maintainable in the present form but the learned Judge of the trial Court misconstrued the principle enunciated in the case of Amina Khatun Vs. Anser Ali reported in 40 DLR 389 and wrongly ......g to this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit No.155 of 1985 in the Court of senior Assistant Judge Moheshpur, impleading the opposite parties as defendants for declaration that all proceedings of certificate case No.68370/60-61 are fraudulent, collusive,......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..Category: Procedural Law | Date: | Hits: 114
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ...... পৃথক পৃথকভাবে চার্জ গঠন করতে হবে।” The case of Nowabul Alam and othersVs.The State 15 BLD (AD) 54, where it has been held that the correct principle in respect of the evidence of persons falling in the category of interested, interrelated ......o.141 of 2005, Criminal Appeal No.378 of 2005, Jail Appeal No.294 of 2006 and Jail Appeal No.1338 of 2004 are allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 154 An information becomes First Information Report when it fulfills some conditions:- (i) it should be an in......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....inextricably intertwined. If this is not so, the court must separate the grain from the chaff. Every piece of evidence has to be subjected to the test of objectivity and fabric of truth should be the guiding factor. It is the duty of the court to disengage the truth from falsehood. The court has t......n witnesses, any deviation from the FIR story makes the prosecution case doubtful casting serious doubt as to the credibility of prosecution witnesses……...........………(60) The fundamental principle underlying in section 342 of the Code of Criminal Procedure is that the accused should b...... 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 course not obligatory on the public Prosecutor to examine any number of wi...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..Category: Criminal Law | Date: | Hits: 84
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......ence, there must be mens rea or unity knowledge............................(32) Whenever some ammunition are also recovered together with some arms, categorized in section 19A, the trial Court or, for that matter, the tribunal must frame charges under section 19A as well as 19(f) of the Arms Act ......e and competent witnesses and there are no internal points of falsehood in their evidence on any point and, as such, the impugned judgment calls for no interference by the Court. 11. The point for determination is, whether the pipe gun and 4 cartridges were recovered from the appellant and whethe..Category: Criminal Law | Date: | Hits: 92
....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
...... acted arbitrarily for the benefit of a private party, and against the public interest…………………………………(24)
Justice delivery system in this part of the world is based on the principle of liberty and justice for all. Public interest litigation means the legal action initiate......ublic interest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is n......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
..
Category: Others | Date: | Hits: 113
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......
4. Defendant Nos.1-4 contested the suit by filing joint written statement denying the case of the plaintiff and according to them the suit is not maintainable in its present form and barred by the principle of estoppel, waiver and acquiescence and that Water Development Board is a semi Government......propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because of negative declaration has been sought that can be no ground to......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......ce committed no error or illegality in their finding as such the finding and decision affirmed by the lower appellate Court is not liable for any interference by this Court. 14. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure......……………Defendant-Respondent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); section 54 In a suit for permanent injunction simplisitor, the plaintiff has to prove his prima facie title and exclusive......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......ioner. 26. In this connection we may also profitably refer the decision in the case of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD (AD) 44 wherein their Lordships held: "the settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......uashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......s can a prosecution under section 138 be instituted as per section 138 (c) read with section 141(b) envisages only one cause of action in respect of one and the same cheque. 16. Now the points for determination are (I) whether the petitioner filed the case satisfying the provisions of law and (II..Category: Criminal Law | Date: | Hits: 70
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......uilt of another accused. Moreso, the confession of a co-accused is always weak type of evidence as the other accused did not get any chance to controvert the maker of confession and it is the settled principle of law that the confession of a Co-accused is not any substantive piece of evidence agains...... 2006, Criminal Appeal No.2245 of 2006 and Jail Appeal No.329 of 2006 and Criminal Appeal No.4972 of 2006 and Jail Appeal No.209 of 2006 are allowed. Taking away of any booty from the victim or informant is not any precondition of dacoity rather an attempt in committing dacoity is also dacoity......uitted from the case. 13. Now, in order to appreciate the arguments of the respective parties as submitted before us let the evidence on record be carefully scrutinized and critically analysed for determination whether the prosecution could prove beyond all reasonable doubt and the condemned-pris..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......examined 5 witnesses learned Judge thereafter, recast the issues as hereunder:- 1. Are both the TS No.50/90 and Title Suit No.46/94 maintainable in its present form? 2. Is TS No.50/90 barred by principle of estoppels waiver and acquiescence? 3. Are both the suits barred by law of limitation......e by adverse possession as title by adverse possession is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..Category: Property Law | Date: | Hits: 83
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......r to show as to how and where and by whom victim Jamir was injured resulting in ultimate death. In such event the accused-appellants will be entitled to get benefit of doubt. 57. It is a settled principle that in a criminal case the prosecution is to prove its case by satisfactory, cogent and r......dha in Sessions Case No.42 of 1992 arising out of Shailakupa PS Case 12 dated 15‑4‑1992 and GR 41 of 1992. 2. Prosecution case at the trial, in brief, was that deceased Jamiruddin brother of informant Golam Mostafa, went to bed in newly constructed ghar in their house in the occurrence night ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
......also a fiscal legislation their Lordships discussing numerous decisions of the sub-continental jurisdiction observed and held that the Court Fees Act is a fiscal enactment and it is a well recognised principle of interpretation of statutes that a fiscal enactment should be construed strictly and whe......titioner No.2 is the local representative of the petitioner No.1 in all the Writ Petitions. The Government of Bangladesh invited tenders from internationally reputed Pre-shipment Inspection Companies for the purpose of mandatory Pre-shipment Inspection at the initial stage. Pursuant to the said tend......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 691.
..
Category: Fiscal/Taxation Law | Date: | Hits: 119
81858184817781768174817181658158815781558151814881458139813681358129812881268125