Search Options
Judgment Advanced Search
Displaying 1381-1400 of 4866 results.
....t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......
Lawyers Involved:
Kaisar Ali, Advocate ‑ For the Petitioner.
Civil Order No.5233 (Contempt) of 1997.
Judgment
AM Mahmudur Rahman J.- This application has been filed for drawing up proceeding of contempt of Court against the Secretary, Ministry of Works and the Assi......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......t Mohammadpur, Dhaka, wherefrom the petitioner was threatened to be evicted by police force on the allegation that it was an abandoned property and hence the suit was filed which was dismissed by the trial Court on 29‑1‑92. Trial Court's decree was plaintiffs appeal was dismissed. The High C..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....oners were well aware of original Suit and they were substituted on the death of their predecessor and summons had been duly served upon them, Court of appeal, also, found that Miscellaneous Case was rightly dismissed on a detailed discussion and it found no justification nor any ground to interfere......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 ......t upto the year 1997 and, also, that Miscellaneous Case had been filed after a period of five (5) years, six (6) months and five (5) days held that Defendants-Petitioners having been aware of every affairs of the Suit, out of greed, laid the suit on false statements after a long period and the Suit ......ce of transfer was required to be served upon Defendants-Petitioners and Court of its own motion, without serving any notice, can transfer any suit or appeal or other proceeding pending before it for trial or disposal. High Court Division or District Court may at any stage of Proceeding transfer any..Category: Procedural Law | Date: | Hits: 120
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....z, the learned Assistant Attorney‑General appearing for the State, submits that there are sufficient materials on record against the accused‑appellant and accordingly, the learned trial Court has rightly convicted the accused-Âappellant and sentenced him as aforesaid. He further submits that th...... 5(2) of Act 11 of 1947 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of Act II/1947 and sentencing the accused appellant to suffer rigorous imprisonment for 2(two) years and also to pay a fine of Taka 10,000.00 in default to suffer rigorous imprisonment......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ......rishad lodged the complaint with the Anti Corruption Officer, Tangail against the accused appellant. 3. After investigation charge sheet was submitted against the accused appellant. At the time of trial charge under section 409 of the Penal Code read with section 5(2) of Act II of 1947 was framed..Category: Criminal Law | Date: | Hits: 88
Mostafa Vs. State, 2012, 41 CLC (HCD)
.... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ......out of Nalitabari PS Case No.14 dated 30-10-2005, correÂsponding to GR No.113 of 2005 convicting the petiÂtioner under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years, should not be quashed. 2. Facts of the case, in short, are that one Md. Nurul Amin ...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... Special Tribunal Case No.18 of 2005. Charge was so framed against the accused person, the petitioner pleaded not guilty of the offence and demanded to be tried as per provisions of law. 4. During trial prosecution examined as many as 11 witnesses but the defence examined none. After considering ..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ...... Daman Bishesh Adalat, Satkhira in Nari & Shishu Case No.77 of 1996 convicting him under section 9(Ga) of the Nari‑O‑Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer RI for 10 years and to pay fine of Taka 5,000.00 in default to suffer RI for further period of 4 months......f the society than theirs. If such a person belongs to another religious community, as in the present case, the parents of a girl view the same with grave concern and try to prevent the same by means fair or foul. We can understand the anguish and anxiety of the parents of the victim girl and in sta...... Ext. 1. After investigation police submitted charge‑sheet against the appellant alone under section 2(Ga) of the said Ain after recovering the victim girl and arresting the appellant. 4. At the trial appellant was charged Under section 9(ga) of the said Ain which is as follows: আপনি..Category: Criminal Law | Date: | Hits: 89
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....ment of India Act, 1915 and Article 109 of our Constitution. 27. The power of superintendence is purely discretionary with the High Court Division and no litigant can invoke the jurisdiction as of right (A B Sarin Vs. BC Patel, AIR 1951 Bom 423). 28. Further, the power of superintendence as we......nal Kanti Biswas, Advocate - For the Opposite Party No.1 (In both the Civil Revisions). Mahmudul Islam with Nahid Mahtab and Ayesha Morshed, Advocates ‑ For the Petitioner. Md. Idrisur Rahman for Kazi Md. Nurul Amin, Advocate ‑ For the Opposite Party. Civil Revision No.3542 of 1994 with......tion merely because two views are possible on the facts of a case. It is also well established that it is only when an order of Tribunal is violative of the fundamental basic principle of justice and fair play or where a patent or flagrant error in procedure or law has crept in or where the order pa......lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ..Category: Civil Law | Date: | Hits: 171
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....rent from those made in the plaint will change the nature and character of the suit." 9. The learned Counsel lastly submits that after considering the materials on record the Court of appeal below rightly rejected the application for amendment which calls for no interference by this Court and as ......tal principles governing the amendment of the pleadings is that all the controversies between the parties as far as possible should be included and multiplicity of the proceedings avoided. Therefore, amendment of pleadings can be be considered if the proÂposed amendment will in no way change ......rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ......escribed in the schedule of the plaint. 3. The defendants contested the suit by filing written statement denying all material allegations made in the plaint. After hearing the learned Judge of the trial Court by the Judgment and decree dated 31-01-1975 disÂmissed the suit. Against which the plai..Category: Procedural Law | Date: | Hits: 114
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ng had, witnessed the inciÂdent Shoeb Ahmed Litu got down to the land to know about the apple of discord between them. Accused Nesaruddin being enraged dealt leza blow upon Litu causing wound at his right thigh and accused Mosharaf inflicted tree taping dao blow at his left arm causing instantaneou......ssed by the learned Sessions Judge, Pirojpur in Session Case No.18 of 1987 convicting the appellant Nos.1-3 under section 302/34 of the Penal Code and sentencing each of them to suffer imprisonÂment for life and also to pay a fine of Taka 5000/- in default to suffer rigorous imprisonÂment for one ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......the Penal Code and sentencing each of them to suffer rigorous imposed upon appelÂlant No.3 concurrently. 2. Briefly the prosecution case as set out in the First Information Report and unfurled at trial is that on 10.3.1985 corresponding to 26th Falgun, 1391 B.S. at 8.0 a.m. P.W.1 Shibli Sadik @ ..Category: Criminal Law | Date: | Hits: 78
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......r dated 14-3-2007 passed by the Special Tribunal No.5. Chittagong convicting the appellant (sole accused) under section 19A and 19(f) of the Arms Act and sentencing him to suffer rigorousimprisonment for 10 years and 7 years respectively under those sections of law making the sentences to run concur......edly tried to extort money at gun point was a poor family of a person wanted in a number of cases and had long been in prison. Moreover, hemaintains two wives. The economic condition of the family is fairly understandable. Pertinent question immediately crosses a reasonable mind what prompted an oth......after investigations, submitted charge sheet against the appellant under the aforesaid sections of law and upon submission of charge-sheet the case was sent up to the Special Tribunal, Chittagong for trial wherein the same was registered as Special Tribunal Case No.92 of 2002. 4. The case was put..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....t in Court. 5. Second, Fourth-Sixth and Eleventh-Thirteenth-Defendants put up contest in the suit on bestowing a written, statement pressing into service core contentions that Panchananda had been rightful owner of Cadastral Survey plot no.339 and Sashi Mohan by way of inheritance became title ho....... Plaintiffs and contesting Defendants and some of the heirs of contesting Defendants of Suit are Petitioners and Opposite Parties respectively in Civil Revision case. 3. Sketch of requisite datas forming backdrop of Civil Revision Petition may conveniently be presented tersely. 4. Petitioners....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......e learned Metropolitan Additional Sessions Judge, first Court, Dhaka by his Judgment and order dated 7.7.2005 passed in Metropolitan Sessions Case No.683 of 2003. 2. P.W.2, Md. Amjad Hossain, as informÂant, lodged the F.I.R at 7.20 p.m. of 20.9.1999, of an occurrence happened at 3 p.m. of the sa......be so that high security officials were also involved in the matter for which the luggages of Ibrahim escaped the security check. We draw attention to the Government, particularly, Ministry of Home Affairs to look into the matter speÂcially. If there be any person involved with this drug smuggling,......1) and also under section 25 of the Narcotics Control Act, 1990. In the charge sheet 32 perÂsons have been cited as witnesses. 5. Eventually, the case record was sent to the Court of Sessions for trial and on transfer trial was held by the learned Metropolitan Additional Sessions Judge, 3rd Cour..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....aving purchased the suit land from the daughters of Asiruddin Mallik vide two registered kabala deeds dated 13-1-87 and 1-4-87 and became for owner and possessor the same, that the defendants have no right, title and possession in the suit land but the SA record was published mistakenly in the name ......it should not be set aside. 2. Material facts, of the case, briefly, are that the petitioners as plaintiffs filed Title Suit No.14 of 1998 in the Court of Assistant Judge, Kachua, Bagerhat praying for declaration of their title in the suit land and perpetual injunction upon the defendants not to ...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ......y and Court fees are correct? (5) Whether the plaintiffs have right, title and possession in the suit land? (6) Whether the plaintiffs are entitled to get the relief as prayed for? 5. At the trial both the parties led eviÂdences both oral and documentary to prove their respective cases. Th..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....pecially of 30-12-1990, 10-1-1991 and 15-4-1991 were addressed by the defendant stating its position about the address of the account-holder and the introducer. The plaintiff does not have any lawful right to claim the amount from the defendant as the defendant is not liable for the loss sustained b......00 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 Dhaka, in Money Suit No.157 of 1999. 2. Facts leading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's Islampur br....../ current account holder/bank officer." 23. The defendant bank appears to have given a total go-by to the instructions of its own Operation Manual in opening the disputed account. And it can fairly be concluded that the disputed account was opened in apparent violation of the prevailing rul......red the appeal essentially on the grievance that as collecting bank it had done its business in good faith and without negligence thus is entitled to protection provided by law which is missed by the trial court. 3. The case set out in the plaint, in short, is that the plaintiff and defenda..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....use of action having to ambiguity in it and therefore, there is no legal flaws in filing the case and the learned Assistant Sessions Judge, 2nd Court, Mymensingh on appreciating the said legal aspect rightly took cognizance of the offence. He further submits that there is no legal ground in the inst......ding in the Court of the learned Assistant Sessions Judge, 2nd Court Mymensingh should not be quashed. 2. The opposite party No.2, Apu Mohammad Hossain on 30-3-2005 filed a petition of complaint before the Magistrate, first Class, Mymensingh bringing allegation against the accused petitioner unde......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......138 of the Negotiable Instruments Act, 1881 which was registered as CR Case No.81 of 2005; that subsequently said CR Case No.81 of 2005 has been transferred to learned Sessions Judge, Mymensingh, for trial and renumbered as Sessions case No.553 of 2006. 3. The complaint case, in short, is that co..Category: Criminal Law | Date: | Hits: 84
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....bdul Quayum, learned AdvoÂcate appearing for the appellant submits that the land is self-acquired by Kumudini Shill and as such the same is her stridhana in which she enjoys absolute and unqualified right and title including the right to sell at her pleasure. In his bid to bring home the point Mr. ......ini Shill, the limited heir now in possession. 3. After the death of Lalit Kumar Shill the plaintiff, Amulya and Kumudini jointly sold 0.211/2 acre land from the suit plots, collected money and performed various religious rituals, including, Shradhya ceremony, Brahmin-feast, Chandipath, offering ......g about the alleged self-acquisition of the suit land by defendant No.2 or about the relationÂship of the plaintiff with Lalit Kumar Shill. 26. In view of the facts and evidence on records it may fairly be concluded that the respondent is a member of the Shill family and is the nearest heir of d...... to one Abdul Kader and Abdul Zabbar in 1956 which amounted to admission of absolute title of their vendor (Defendant No.2) in the suit land. The second line of defense sought to be introduced during trial is that the land originally belonged to Lalit Kumar but he gifted the land to his wife KumuÂd..Category: Property Law | Date: | Hits: 107
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....tice. 5. The learned Advocate appearing for opposite party opposes the petition and submits that the defendant's business concern is also extended to the local limits of Rajshahi, so the plaintiff rightly presented his plaint invoking such jurisdiction. Therefore, the Courts below rightly refused......Special District Judge, Court No.1, Rajshahi, rejecting Civil Revision No.15 of 2006 and affirming those of dated 31-1-2006 passed by learned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an errone......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ......worth of Taka 1,34,259. 3. In suit, the defendant sought to return the plaint under Order VII Rule 10(1) CPC for its presentation to the appropriate Court having jurisdiction which was rejected by trial Court and affirmed in Revision by the impugned order. Hence the petition. 4. The learned Ad..Category: Procedural Law | Date: | Hits: 122
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....loyer and employee was found that of a master and servant and their Lordships of the Appellate Division, in paragraphs 8 and 10 of the report, held in the following: "Speaking generally, it is the right of the employer to discharge his employee, and that of the employee to quit his employer's ser......udgment and decree dated 24-2-1997 passed by the SubÂordinate (now Joint District Judge), First Court, Rangpur in Other Appeal No.140 of 1995 should not be set aside. 2. The necessary facts found for disposal of this Rule are simple. The present petitioner as plaintiff filed Other Class Suit No.......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......he plaintiff as per enquiry report and the enquiry was held without any procedural defect. On such findings, the learned Subordinate Judge allowed the appeal, set aside the judgment and decree of the trial Court and dismissed the suit by the judgment and decree dated 24-2-1997. 5. Being aggrieved..Category: Civil Law | Date: | Hits: 144
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....are in rental and other profits earned from the suit properties. The applicaÂtion is ex facie ill-advised and does not lie in the fitness of things in that dislodging the rest of the family from its rightful possession of the family property on the ground of deprivation of minor rental share of a s......d by the learned Joint District Judge, First Court, Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class s......nt No.13 has directly denied the plaintiff's claim that he is a co-sharer of the property under any of the schedules. And the absence of direct denial in the written objection by defendant Nos.1-4 is fairly attributable to poor draftsmanship not to 'admission' as is taken by the learned judge. Admis......aim is concurrently denied by his mother as defendant No.13 and the appellants as defendant Nos.1-4 in the separate sets of written objections filed by them. This may, he insisted, well be settled on trial. Mr. Ali further submits that appointment of receiver as of routine has consistently been disa..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......ssain, Security Guard and the petitioner was constituted to weigh firewood supplied by contractors to the Respondent No.2. The petitioner besides his normal duties was selected to be a member of the aforesaid weighment committee and on 28.5.85 as per direction of the Departmental Head he went to the......ncerned we find that this was applied on 27‑7‑85, that is, after the enquiry was concluded and dismissal order by Annexure 'E' was issued on 22.7.85. So if the petitioners had any doubt about the fairness of the enquiry they should have raised it at the initial stage before the enquiry committee......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ..Category: Labour and Industrial Law | Date: | Hits: 182
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....ing home the charge to the conÂvict-appellants, examined as many as 14 witnesses and the learned Additional Metropolitan Sessions Judge having duly considered the evidence adduced by the parties has rightly passed the impugned judgment and order of conviction and sentence and there is nothing to in...... 2005. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the Additional Metropolitan Sessions Judge, First Court, Dhaka for confirmation of the sentence of death imposed upon the condemned-prisoners, namely, 1) Tutul son......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......ul since there is deviation and departure from the F.I.R. story on vital points and that the prosecution has made attempt to establish a got up case by subÂsequent embellishment and that the learned trial Judge without properly appreciating those aspects of the matter, came to an arbitrary erroneou..Category: Criminal Law | Date: | Hits: 98
79857984797679747973797279717970796679637962795979577956795479517950794979457942