Judgment search - Chancery Law Chronicles

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Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....etitioner with allegations that the petitioner committed offences under sections 193, 465, 466, and 471 of the Penal Code by way of creating and using and attempting to use two forged documents and also by giving false evidence in the proceedings of Title Suit No.1653 of 1981. 2. Earlier a Rule w......eath certificate were filed by the petitioner in the proceeding of Title Suit No.1653 of 1981. But he abstained from tendering these documents in evidence. However the plaintiff (opposite party No.1) called for the death register and got it exhibited as Ext-7 (vide-Annexure-A) wherefrom it was found......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..

Category: Property Law | Date: | Hits: 122

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

.... Result: The Appeal is allowed. Duties of a Court in Criminal Proceedings The cardinal principles of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brou......heir evidence on any point and, as such, the impugned judgment calls for no interference by this Court. 11. In the arguments advanced by the learned Advocates of the contending parties, we are now called upon to scrutinize the material evidence on record in order to come to a proper decision in t......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..

Category: Criminal Law | Date: | Hits: 74

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....of clear cogent, credible and unimpeachable evidence, question of indicting or punishing an accused does not arise, Justice delivery system cannot be carried away by heinous nature of crime or by gruesome manner in which it was found to have been committed. In appreciating the evidence of a prosecut......��…………….(38) For the purpose of fixing punishment, proportionate to the gravity of generic offence, The Penal Code recognizes three degrees of culpable homicide. The first is what may be called "culpable homicide of the first degree". This is the greatest form of culpable homicide punis......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. ..

Category: Criminal Law | Date: | Hits: 98

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....he recommendation made by the Sick Industries Rehabilitation Cell? This recommendation is neither a legal instrument having force of law nor a law creating any legal right for the petitioner so as to implement it through a Court…………….(13) Policy guideline, recommendations, etc......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. ......espondent No. 6 allowed interest remission but did not provide working capital. Consequently, the petitioner failed to recover from its sick position to a healthy unit of industry and sustained heavy loss. Meanwhile, the Bank as plaintiff instituted Artha Rin Case No. 30 of 1991 before the Artha Rin..

Category: Constitutional Law | Date: | Hits: 334

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

.... Sarker and others……………………..Petitioners Vs. Md. Shahid Sarker and others…………………….Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 19...... revisional application under section 115(1) of the Code of Civil Procedure and upon hearing the learned Advocate this Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite party Nso.1-8 to show cause as to why the judg......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. ..

Category: Procedural Law | Date: | Hits: 133

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....Miah………………………………Petitioner Vs. Samad Miah and others……………………………….Opposite‑Parties Judgment June 9, 1998. Result: The Rule is made absolute. The Penal Code, 1860 (XLV of 1860), section 148 If both parties are found to have comm......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......ah, Salauddin, Sirajul Islam, Abdul Hakim, Nannu Miah, Bachu Miah, Taher Miah, Nuru Miah, Abdul Hye, Ali Azam, Malai Miah and Danu Miah, surrounded the three victims and damaged their fencing causing loss of Taka 1,000.00. P.W.4 Habibur Rahman, P.W.6 Jharu Miah, Rahim Miah, Nuru Miah and others came..

Category: Criminal Law | Date: | Hits: 75

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....actually committed, sections 383 and 384 of the Penal Code come into play………………………………(63) The appellant threatened the informant, first with a dagger and then with a scissor, thereby putting him in fear of imminent danger and thereafter, he obtained the cheque. It is ......ring for the State candidly submits that he finds it difficult to support the impugned Judgment and order of conviction and sentence. The learned AAG goes on record to submit that some measures are called for against the concerned Judge for such an utterly callous Judgment, which indicates total......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. ..

Category: Criminal Law | Date: | Hits: 62

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....��……………Respondents Judgment February 28, 2012. Result: The rules are discharged. When the appointments were made without following the rules and procedures and the same is also found in the enquiry report that the appointments were managed by way of irregularities and corru...... post. In the stated case the fact was that the respondent Md. Selim Reza applied for appointment in the post of Sterilizer aid he was found qualified in the written examination and thereafter he was called for by the appoint committee for interview. Then he was appointed as Sterilizer attached to O......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ..

Category: Employment/Service Law | Date: | Hits: 148

Abdul Wadud Miah Vs. Bangladesh, represented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....hers………………………………Respondent Judgment July 9, 2008. Result: The rule is discharged. Principle of natural justice The principles of natural justice that no person be condemned unheard 'Audi Alterem Partem' is applicable in the administrative as well as in t...... - For respondent No.3. Idrisur Rahman, Advocate - For respondent No.4. Writ Petition No. 2645 of 2007. Judgment AFM Abdur Rahman J.- This Rule Nisi, issued on 24.04.2005, has called upon the respondents to show cause as to why the Memo No. Bapam/Shah:-Ba/BC/Cell-34/96/47 dat......ing Co. Ltd. including its privately owned 58.52% shares which has been finalized. But, due to the rule of this writ petition it could not be materialized and as such the Bank is facing irreparable loss and injury. 15. The learned Advocate Mr. S.M. Abdur Razzak further argues that the other 'No..

Category: Administrative Law | Date: | Hits: 299

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....ar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 2009. Result: The Rule is made absolute. The Constitution of Bangladesh, 1972, article 36 The Bangladesh Passport Order, 1973 ......sked several times the learned Attorney General could not say when the trial of war crimes would commence. He also could not show a single scrap of paper involving the Petitioner in acts which may be called war crimes. In fact the Petitioner in his Supplementary Affidavit filed today has categorical......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..

Category: Constitutional Law | Date: | Hits: 147

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

....sts. Specific performance of contract Where a party seeks to enforce specific performance of contract, the Court must be satisfied that there is a concluded contract, in fact, that the contract so concluded is not incomplete by reason that the parties have failed to agree, expressly or by impl...... 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. ......). In Exhibit 2 it was stated that despite procurement of the vendor's valid employment voucher, the latter failed to execute a sale deed and delivered possession, that the plaintiff having sustained loss in procuring the necessary documents, the vendor would be entitled to Taka 9000 out of the bala..

Category: Civil Law | Date: | Hits: 138

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....y.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The appeal is dismissed. Muslim Personal Law Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the de...... original Zamindars did neither give settlement of the land to nor did they receive rent from anyone in respect of the suit land or the estate. Thus no right, title and interest was created by the so-called pattannama allegedly executed in favour of the predecessors-in-interest of the plaintiff. By ......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. ..

Category: Trust/Waqf Law | Date: | Hits: 114

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

.... and others…………………..Plaintiff-Opposite Party Judgment January 3, 2011. Result: The rules i.e. Civil Revision No.3917 of 2010 with Civil Revision No.3918 of 2010 are made absolute. The Code of Civil Procedure, 1908(Act No. V of 1908); section 24 A case can be transf......nd another Vs. Jai Narain Parasmmpuria AIR 1992 (SC) 1133, it has been held that when a petition for transfer of suit is filed making allegations against the Presiding Officer, the report if and when called for from him, should normally be confined to the allegations made against the impartiality or......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..

Category: Procedural Law | Date: | Hits: 179

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

.... same was issued by the master of the vessel. Unless the original copy of the bills of lading is produced before the master of the vessel the master in no way is liable to deliver the cargo to any person, else he will face the consequence of the offence of conversion. If anyone is failed to submit t......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. ......d in the meantime twenty days have elapsed after tendering the notice of readiness by the defendant vessel on 8-10-2010, for which under compelling circumstances and due to suffering huge financial loss and injury for delay in discharging the cargo the plaintiff submitted a claim of Taka 77,46,56,..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....arid Ahmed J Abdul Karim …………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordin......1-1-02 allowed the appeal holding that the suit is barred under section 44 of the Ordinance and that the proceeding initiated under the Acquisition and Requisition of Immovable Property Act cannot be called in question before any Civil Court. 15. The petitioner has annexed a sketch map as Annexur......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

....��………..Opposite Parties Judgment April 2, 1995. Result: The reference is rejected. Whether a Magistrate is competent to take cognizance of an offence in respect of an accused person on the basis of a naraji petition although the accused person was previously discharged pursuant......of the case. The reference is premature inasmuch as the learned Magistrate has not yet taken cognizance against the accused-petitioner on the basis of the naraji petition. The learned Magistrate only called for the case diary as there is allegation in the naraji petition that a perusal of the police......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..

Category: Criminal Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

....ittee. Her activities were prejudicial to the interest of the college and she was very much negligent to her duties. She was guilty of negligence of duty, professional misconduct and was engaged with some work which were detrimental to the interest of the college. She was unpunctual in attending cla......rt Naogaon who by the impugned Judgment and decree dated 28.8.2005 allowed the appeal, dismissed the suit holding that the suit was not maintainable without submitting any reply as against show cause called for from the plaintiff. 7. Being aggrieved by the said Judgment and decree the plaintiff h......shall be liable to all or any of the following penalties. Namely: (a) censure; (b) withholding of increment for a specific period; (c) recovery from pay of the whole or part of any pecuniary loss caused to the college by negligence of duty; (d) removal from service; (e) dismissal from..

Category: Employment/Service Law | Date: | Hits: 118

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....BLD 54; Continental Traders Vs. Bangladesh Textile Mills Corporation, 59 DLR 151; East and West Steamship Co, Georgetown, Madras Vs. SK Ramalinga Chettiax, AIR 1960 SC 1058. Lawyers Involved: Masood R Sobhan with AFM Saiful Karim, Advocates — For the Plaintiff. M Hafizullah with Md. Al-Am......defendants further contended that after loading of the goods on board the vessel, it sailed from Hull on 20-10-1999. The vessel encountered severe cyclone storm in the Bay of Biscay on 23-10-1999 and called at Southampton on 26-10-1999 for emergency repairs, re-stowage and re-lashing of cargo for sa......completed on 24- 2-2000. A Joint survey of the plaintiff’s cargo was conducted on board the vessel during discharge of the same from 22-2-2000 to 24-2-2000. It was found that the cargo had suffered loss and damage as set out in the Survey Report dated 5-3-2000. The cargo was eventually received in..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The National Sports Council Act, 1974 (Act No. LVII of 1974), section 20A(b) Before p......t, memorandum or articles of association or any, other legal instrument, the Board shall have power‑ (a)……………………….. (b) to dissolve the executive committee, by whatever name called, of an organisation affiliated to it, if, in its opinion, the executive committee does not ac......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..

Category: Employment/Service Law | Date: | Hits: 100

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....7-9-2006 filed an application for dismissal of the Money Execution Case on the ground that the execution case is barred by limitation as per provision of sections 28 (1) and 29 of the Ain, 2003 and also on the ground the decree is hit by section 47 of the Ain, 2003. The Adalat on considering the mat......or the Petitioner. Akram H Chowdhury, Advocate — For Added Respondent no. 3. Writ Petition No. 10051 of 2006. Judgment Sheikh Abdul Awal J. - In this Rule Nisi the respondents have been called upon to show cause as to why the impugned order dated 1-10-2006 (Annexure- E) passed by respo......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..

Category: Civil Law | Date: | Hits: 170

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