Search Options
Judgment Advanced Search
Displaying 1101-1120 of 7038 results.
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....d of the said fact it was contended that the document being not a false document within the meaning of section 464 of the Penal Code conviction for forgery was not sustainable in law. In that given facts it was held that the document in question was not a false document and that conviction for f...... Ed. ......effect "that the prosecution case is, to the effect that the questioned Muktipatras were executed by the accused persons in their own name and on their own behalf and that there is nothing in evidence to show that the executants of the said Muktipatras impersonated themselves as somebody el..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....by the learned Assistant Judge Shariatpur in Title Suit No. 40 of 2000 rejecting the application for temporary injunction under Order XXXIX rule 1, of the Code of Civil Procedure. 2. The facts, leading to this petition, are that the plaintiff‑respondent Nos. 1‑3 instituted t...... Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J Upazila Education Officer & another...............Petitioner Vs. Tara Miah Akhand and others .............Respondents Judgment &n......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....appellant was found voluntary and true which can be the sole basis of the occurrence. Learned Deputy Attorney-General also submits that although there is no eye witness of the alleged occurrence, the facts and circumstances of the case and the material evidence on record point to the guilt of the pr......Vs. Harish………………………………Condemned Prisoner Judgment July 1 & 2, 2002. Cases Referred To- State vs. Ali Hossain 1998 BLD 655 = 3 BLC 93; Safar Ali and others vs. The State, 1983 BLD 325 = 36 DLR 185; State vs. Md. Ali Kibria @ Shahjahan 43 DLR 512......19 witnesses in all to prove the charge against the accused persons and the accused persons were also examined under section 342 of the Code of Criminal Procedure who again pleaded not guilty and led evidence. The accused Harish stated that he was assaulted by the police for making of confessional s..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....and CEO Ekushey Television Limited. Civil Petition for Leave to Appeal No. 636 of 2002 is by the Director General, Bangladesh Television. All these petitions are disposed of by this judgment as the facts and law points involved are similar. 3. Circumstances leading up to the presentation ...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip......in to DG, BTV, that the evaluation report was physically handed over by Mr. Anisur Rahman, the then acting Chief Engineer, BTV, to Mr. Akmal Hossain, the then Information Secretary. There is no evidence in the Ministry’s file and also in the letter entry register that the original eval..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....cisions referred to concerned suits for declarations and suit for permanent injunction. The principles of law enunciated in those decisions not disputed but those decisions were not applicable in the facts and circumstances of this case. The High Court Division therefore summarily rejected the revis...... Ed. This Case is also Reported in: 8 MLR (AD) 41. ......nce of the plaintiff was filed and the High Court Division upon hearing the parties by judgment and order dated 2‑11‑98 remanded the suit to the trial Court for fresh decision on the basis of the evidence on record. It further directed the trial Court to allow the parties to adduce fresh evidenc..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
.... on behalf of respondent No. 4 and there was no occasion or reason to change the date of birth excepting the reason that has been submitted forcefully by the learned Advocate for the appellant. The facts and circumstances indicate that the date of birth of the victim has been correctly reflected......dhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment June 9, 2002......Council in the case of Md. Sayedul Arefin vs. YO Gafur reported in AIR 1916 (PC) 242 has held that Doctor's certificate is only in assertion of opinion. Final confirmation will be on the basis the evidence adduced at the time of trial. Doctor has not given any clear opinion. Their opinion varied..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....in question contains no disparaging remarks or demeaning words about any Judge or any Court and therefore no one can take exception to the publication of it, far less for contempt of Court and in the facts and circumstances no contempt has been committed by publication of the said report about the s...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred......st him in the appeal of Janata Tower Case. It is stated that he had firm belief that the said case was the product of conspiracy to harass and humiliate him with political motive by fabricating false evidence against him. He thought that he would be acquitted in the case upon proper appreciation of ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....ness but law does not permit to tender a vital witness to avoid disclosure of truth before the court. In this case, considering the submission of the learned Assistant Attorney-ÂGeneral and also the facts and circumstances of the case we consider Asia as most vital witness but she was tendered, ins......d in: 56 DLR (2004) 383. ......amined as witness and the prosecution has not drawn attention of the alleged victim towards the 164 statement alleged to have been made by her before the learned Magistrate, which, in fact, is not an evidence at all. 7. Mr. ABM Waliur Rahman Khan, learned Assistant Attorney-General appearing ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
.... the accused-persons were not properly convicted and sentenced against the charges framed and, as such, committed mistake in passing the conviction and sentence. He has also brought our notice to the facts and circumstances of the case by which, it is asserted, that main ingredient of the offence re......ent Khondker Musa Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishe......y, all the accused persons were examined under section 342 of the Code of Criminal Procedure and they again pleaded not guilty to the allegations brought against them. 6. Upon consideration of the evidence and other exhibited materials on record, the learned trial Court passed the above mentioned..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
....hi in Miscellaneous Appeal No. 49 of 1986 affirming the order dated 18-1-1996 passed by the learned Rent Controller, Sadar, Rajshahi in (Rent Control) Miscellaneous Case No.245 of 1983. 2. Short facts leading to the disposal of this Rule are that the petitioner instituted the Rent Control Case ......r Razzaque J.- This Rule arises out of an application under section 115(1) of the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-appellant petitioner A Kader Khan and is directed against the judgment and order dated 29-9-1994 passed by the learned Subordinate Jud...... effect from October, 1983 but the petitioner without paying the rental from the month of September, 1983 as per the increased rent filed this application. 4. The learned Controller after taking evidence of the parties and considering their submitted documents came to his finding that due to th..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Delwar Hossain Vs. Rajiur Rahman Chowdhury and another, 2003, 32 CLC (AD).
....and order dated 22‑52000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3869 of 1995 discharging the Rule. 2. The facts leading to the application are that the respondent opposite party No. I as complainant filed a...... KM Hasan J Delwar Hossain……………..Petitioner Vs. Rajiur Rahman Chowdhury and another………….Respondents Judgment ...... interference. The criminal petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 58. ..Category: Criminal Law | Date: 24 Apr, 2002 | Hits: 71
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
....ners seek leave to appeal against the judgment and order dated 8‑3‑2000 passed by a Division Bench of the High Court Division in Writ Petition No. 1631 of 1994 making the Rule absolute. 2. The facts leading to the leave petition are that the petitioners Golam Rabbani and six others are the so...... 55 DLR (AD) (2003) 90. ....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....ay in filing the Miscellaneous Case and that there was substantial Government interest i.e. public interest, involved in the case and, as such, the learned Additional District Judge considering the facts and circumstances passed the impugned judgment and order condoning the delay thereby allowed......ainur Reza Chowdhury J SJR Mudassir Hussain J Abul Kashem & another..................Petitioners Vs. Government of Bangladesh and others..........Respondents Judgment April 13, 2002. The ......ct praying for condonation of delay explaining the reason for the delay. The High Court Division after detailed discussion of the reason for the delay in filing the Miscellaneous Case and the oral evidence was satisfied with the explanation. 4. The High Court Division observed that ..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....ve, it may be drawn that the defendant‑appellant's claim is based on three legal presumptions as for example, permanency of tenancy, adverse possession and lastly, the long possession. 16. The facts and circumstances of each case will determine whether the presumption of permanency of tenancy......05) 449, 635. ...... Adverse Possession The claim of adverse possession must be specifically claimed in the pleadings, hostile title must be asserted, adverse possession must be adequate in continuity, evidence must be adduced to show when possession became adverse so that the starting point of limita..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Ali Ahmed and others Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....itioners seek leave to appeal against the judgment and order dated 6‑3Â2000 passed by a Division Bench of the High Court Division in Writ Petition No. 1383 of 1996 discharging the Rule. 2. The facts leading to the application are that the suit land was requisitioned in LA Case No. 71 of 1960â......lso Reported in: 55 DLR (AD) (2003) 92. ...... liable to be released even if it remains unutilised by the requiring body. In view of the above, the leave petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 92. ..Category: Property Law | Date: 8 Apr, 2002 | Hits: 84
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
.... reasons, we hold that the High Court Division exceeded in its revisional jurisdiction in setting aside the findings of the lower Courts below concluded by concurrent findings of fact. In view of the facts and circumstances, we find merit in this appeal and accordingly, we set aside the findings and...... Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Aroti Rani Paul ................Appellant Vs. Sudarshan Kumar Paul and others ..................Respondents Judgment April 1, 2002. ......roperty by the plaintiff appellant prior to the giving of the so called lease by the government in the above mentioned VP Case No. 15(JA) FU/76‑77, was based on proper consideration of the material evidence on record with reference to the case of the contesting parties and, as such, the learned Si..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....relate to the jurisdiction of the Court. To decide the question whether a petitioner has locus standi to come before this Court under Article 102 of the Constitution, we are to consider the facts and circumstances of each case. The two most important Judgments on this point of our Appellat...... (2002) 537. ......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ered he had some lawful title to possession. This rule is an application of the wider principle which presumes against crime, wrong and fraud of every kind. Of course, the rule applies only where the facts are in doubt and not where the circumstances under which possession was assumed are known.&quo......LR (HCD) (2002) 523. ......he facts are in doubt and not where the circumstances under which possession was assumed are known." We find, main consideration weighed with the Court is as follows: "There is no evidence whatsoever that before her marriage the appellant ever asserted that she had succeeded..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....ntly got the suit land by means of deeds offer and they have since been in possession thereof. 3. Both the trial Court and the appellate Court on consideration of the facts and circumstances of the evidence on record came to the findings that the plaintiffs failed to......nbsp; Mainur Reza Chowdhury J Syed JR Mudassir Husain J Abul Hussain and others........................Appellants Vs. ...... of deeds offer and they have since been in possession thereof. 3. Both the trial Court and the appellate Court on consideration of the facts and circumstances of the evidence on record came to the findings that the plaintiffs failed to prove their alleged title to a..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Alfazuddin Mollah and ors. Vs. Md. Almas Chokder and anr., 2004, 33 CLC (AD)
....re of the transaction cannot be gone into and decided that the application of the pre‑emptee under Order VII rule 11 Code of Civil Procedure without allowing the parties to go on trial upon the facts alleged in the application because of the fact that in the application for pre emption it...... Ed. ......ion whether it is an out and out sale or a deed of exchange becomes doubtful or confusing on the specific allegation made by the pre-emptor then the matter is required to be ascertained by adducing evidence in the trial court to find out the nature of transaction and to decide the case properly &..Category: Property Law | Date: 16 Mar, 2002 | Hits: 95
1431584279254171168380548214196892018720016518520212189158914203148