Search Options
Judgment Advanced Search
Displaying 961-980 of 2232 results.
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ...... Judgment August 16, 1990. Lawyers Involved: M1 Farooqui with M Saleemullah, Advocates - For the Appellant. Kaiseruddin Ahmed, Deputy Attorney General ‑ For the Respondents. Appeal from Original Decree No. 107 of 1987. Judgment Md. Abdul Jalil J. - This appeal at the instanc......posal by outright auction." 11. So the lease, if any, granted is a monthly lease. The defendant, however, did not file any paper relating to the alleged lease. Be that as it may, the lessee has no independent interest but her right depends on the Government's right and so she is neither a necessa......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..Category: Property Law | Date: | Hits: 73
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ...... 19) Siddik Ahmed, and 20) Abdul Mutaleb along with 15/20 others unknown being armed with deadly weapons like long dao, lathi, iron rod and Khonta etc. attacked them with a view to dispossessing them from the said lands; that at the order of accused appellant Sarwar Kamal, the accused persons first ...... the judicial enquiry and it is not correct that his evidence does not tally with the ejahar. He further states in his Cross-examination that the accused are very powerful persons and that is why any independent witness did not agree to depose. He could not remember whether finger cutting of Faiza K......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
Zahangir Sheikh and another Vs. State, 2011, 40 CLC (HCD)
....Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ......wife and daughter rushed there. The robbers had threatened them to keep silent and one of them forcefully took earrings of his wife causing injury to her right ear, when the other took gold ornaments from his daughter. Hearing her (daughter’s) cry, the informant waked up and saw the robbers standi......id Mohiuddin was having rivalry with the appellants. P.W.2 in her examination-in-chief stated that she did not disclose any name to the neighbors immediately after the occurrence took place. The most independent witnesses namely P.Ws.4 and 5 being neighbors of the informant are vital witnesses in th......Session Case No.41 of 1995 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......r Rashid’s) whereabouts, when they replied that he had gone to Chandragonj Bazar to ply rickshaw. On the following day, his dead body was found in WAPDA Canal. The local people lifted the dead body from the canal. The complainant rushed there and identified the dead body to be of her son. Appellan......entified the dead body of her son. Subsequently appellant No.3 Abdur Rab Chowkider took her thumb impression on a paper for the purpose of burial of the dead body. 16. P.W. 2 Naderr Zaman, a local independent witness, stated that the informant was his neighbour. On 13.10.1997 at about 4 p.m. he h......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....e has to deal with the question whether the maker had any opportunity to recognise the assailants; Lastly, there is the question whether the learned Judge should caution the Jury as to whether any corroboration was necessary in respect of this dying declaration. It is also observed: "There ......arts of the body of Md. Abu Sayeed with the weapons in their hands. At that time witnesses Sohel and Abul Khair came to the place of occurrence on a motor cycle. P.W. Backkar saw the whole occurrence from a nearby shop. The accused persons fled away while they were chased by the witnesses and at the......lly at the time of being taken from the place of occurrence to the hospital and also at the time while he was taken from the Ward No.6 to the operation theater before the witnesses who are not at all independent being the relations of the deceased. Furthermore, P.Ws. 2 and 3 claimed themselves to be......he principle of law laid down in the cases under reference. True it is that conviction can be based on a solitary witness and it is not necessary to seek for corroboration always from the independent sources but in the instant case on assessment of evidence it is found that the P.Ws. 1‑3 are not o..Category: Criminal Law | Date: | Hits: 83
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ...... Kutini Bibi, widow of said deceased Amjad Ali, lodged the first information report with the local Police Station stating that in the night of 28.2.81 accused Jamshed Ali called her husband Amjad Ali from the house on the plea of raising ail for reserving water in the field. Amjad Ali accordingly we......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ...... Ali as Jamshed had got enmity with her husband. P.W.17 Azizur Rahman, Sub‑Inspector of Police, took up the investigation of the case. He engaged persons and from the information obtained from such source he arrested accused appellants Bashir and Aftab. He recorded the statements of these arrested..Category: Criminal Law | Date: | Hits: 62
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
.....W.2 lends corroborative support to the evidence of P.W. 1 on the point that pre‑emptor petitioner went to Qatar in the year 1976 and came back in the year 1979. Evidence of P.W.1 Md. Ali also lent corroboration on this point and relying on this evidence of 3 P.Ws. referred above, the 1st Appellat......vice and in August, 1977 he came back to this country and on 2.12.79 pre‑emptor petitioner appeared in schedule land and found pre‑emtpee purchaser petitioner cutting within half ripe paddy there from. On inquiry from pre‑emptee purchaser petitioner, opposite party No.1 came to learn that he h......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ..Category: Property Law | Date: | Hits: 72
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......stion as ultra vires having been made without complying with Article 116 of the constitution. 2. The petitioner has also prayed for mandamus in the nature of direction on the respondents, to quote from the Prayer Portion of the writ petition, “to prepare the 5 Years (1989‑1993) Annual Confide......tion of the judiciary from the executive organs of the State. He also took us to Article 94 of the Constitution which enjoins that the Chief Justice and the other Judges of the Supreme Court shall be independent in exercise of their judicial functions and then to Article 116A of the Constitution whi...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ....../82 came up for hearing today, a question common to all of them arose in view of the Proclamation of Martial Law on March 24, 1982. The background against which the Proclamation was made is available from its preamble: “Whereas a situation has arisen in the country in which the economic life ha......rt Division and this Division respectively. As separate judgments have been given by Ruhul Islam, Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ, agreeing with my views generally but each having independent reasoning of their own,' T propose to give the formal order at the end of their judgment......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......ent with the landlord in respect of the suit shop premises at a monthly rental of Taka 200 payable within 7th of next following month. The tenants, it is alleged, defaulted in payment of monthly rent from July, 1982 and in violation of the terms of contract they sublet a portion and altered another ......he Court can draw no inference from its existence till it believes it to exist; and it is obvious that the belief of the Court in existence of a given fact ought to proceed upon grounds, altogether independent of the relation of the fact to the object and nature of the proceeding in which its exis......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......side Dhaka would be brought to Dhaka in sealed packets for counting. It was further announced by the said notification that the counting of all votes, including those of Dhaka centres, would continue from 9-00 AM to 5-00 PM at the Teachers Students Centre, hereinafter called the TSC and the Gymnasiu......erence he endorsed the elections, denied all the allegations and categorically rejected any chance of re-polling (Annexure-’E’ and ‘E’-1). (b) The election petition will not be heard by an independent tribunal or authority as it will be constituted by the Vice Chancellor. (c) It is tru......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ...... by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decreeing the suit with cost for Taka 28,03,624.16 together with interest on Taka 22,45,360.00 out of the decreed amount @ 15% from the date of institution of the suit till realisation. 3. On 13-06-94 the suit was instituted......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......ed in the Furnace Department of the Mills due to electric short circuit.” We find, from the reports submitted after inquiry by different agencies on tree cause of fire, they were unanimous that the source of fire was electric short circuit. So, the cause of fire does not, in any way, offend the wa..Category: Business or Commercial Law | Date: | Hits: 211
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ...... 2. It has been asserted in the plaint that the plaintiff Company imports Soda Ash Light and other chemical product for the purpose of business and in course of such business the plaintiff imported from China 9420 MT and 800 MT Soda Ash Light under Letter of Credit dated 16.4.1997 and 21.4.1997 re......o.1 or its master and crews but all disputes from the port of loading to the port of delivery arose out of various contracts. So it is not correct to say that the claim of compensation for damages is independent of any contract. Thus, the learned Admiralty Judge was correct in holding that the suit ......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....cused Khosbar killed his brother and thereafter he fled away with bicycle. If considered the evidence of this witness P.W.6 along with the evidence of three eye- witnesses P.Ws. 3-5, we find absolute corroboration and consistency in the evidence. 35. In support of the reference learned Deputy Att......l and on 28-6-1993 at about 7-30 AM he was going to the said mill and while reached in front of the land of one Kaimuddin Mondal, condemned prisoner Khosbar Ali dealt him indiscriminately hasua blows from behind as a result his left hand was completely separated from left forearm and also the neck w......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..Category: Criminal Law | Date: | Hits: 62
Md. Tota Miah @ Tota Vs. State, 2011, 40 CLC (HCD)
....al Procedure submits that on perusal of the statement it will appear that it was not true and voluntary one, more over the injury shown as inflicted through his confessional statement did not get any corroboration from the postmortem report and surathal report and this confessional statement thus ca......ubmits that on perusal of the statement it will appear that it was not true and voluntary one, more over the injury shown as inflicted through his confessional statement did not get any corroboration from the postmortem report and surathal report and this confessional statement thus can not be said ...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 76
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......nt No.2 filed the aforementioned complaint cases in the 2nd Labour Court at Dhaka stating, inter alia, that they were working as godown Chowkider in different branches of the Rupali Bank. They worked from 1970s and 1980s in the permanent godowns of the Bank and had been allowed facilities as the Ban...... the present case and different from the cases reported in 28 DLR section 23 of the Limitation Act provides: “In the case of a continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time duri......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..Category: Labour and Industrial Law | Date: | Hits: 140
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593....... not see whether the said officer recorded confessional statement of the accused and that at about 12-30 hours at night they went to the place of occurrence on foot and the place was not known to him from before and that accused Bilu took them there and then at the instance of the Officer-in-charge ...... impugned judgment and order as already stated above. 14. Mr. Anisul Huq, learned Advocate appearing on behalf of the appellant with Mr. ABM Golam Majid, submits that 3 witnesses being prima facie independent witnesses shown as attesting witnesses of the seizure list did not corroborate the prose......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...Category: Criminal Law | Date: | Hits: 48
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......e able to return the stolen cattle and accordingly the informant paid Tk. 1500/- but the aforesaid Temnai did not return the cattle. It is further stated that on 17.09.1996 the informant came to know from reliable source that the stolen cattle were hidden in a place at a jungle within graveyard near...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......rn the stolen cattle and accordingly the informant paid Tk. 1500/- but the aforesaid Temnai did not return the cattle. It is further stated that on 17.09.1996 the informant came to know from reliable source that the stolen cattle were hidden in a place at a jungle within graveyard near the house of ..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
.... deceased Hafez touched his body, he woke up and saw the person to went out from there room. The people told that he was Mahbub, he identified him in the dock. Although this contention do not get any corroboration with his statement, received by the police under section 161 Cr.P.C or by the informan......h was read over to him, wherein he pleaded not guilty and claimed to be tried. 5. During trial the prosecution examined 22 witnesses and defence examined none. 6. The defence case as it appears from the trend of cross examination of the P.Ws that the case was false and he was implicated falsel......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......-19611/C-IV/Zone-II/Dhaka. The Commission served an order dated 29-5-2007 purportedly under section 26(1) of the ACC Act, 2004 upon the said Principal accused MAH Selim, former Member of Parliament from Bagerhat-II Constituency while he was in custody asking him to submit statement of assets, move......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ......7 upon Md. Tahmilur Rahman under section 26(1) of the ACC Act, 2004 asking him to submit statement of assets acquired in his name or in the name of his wife or any other dependent upon him, including source of income within seven days of receipt thereof. Steps would be taken against him under sectio..Category: Fiscal/Taxation Law | Date: | Hits: 86
50445022501950185016501249934966496049514942494149384920489548914889486448634847