Search Options
Judgment Advanced Search
Displaying 1401-1420 of 5057 results.
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....ce to the Senior Special as well, either orally or in writing. Keeping in view of such alternative mode, sections 200, 202 and 203 of the Code prescribe the procedure for dealing with acomplaint. The relevant portion of section 200 is quoted below: (underlines added) 200. Examination of complaina......the accused of the defect, whereupon the accused demanded Tk. 10,000 on the plea that the defect in the document would be cured by way of getting some more statements written in two additional demy papers. In the evening of the same day, the complainant collected the said money and delivered it to...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Md. Abdul Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. Result: Th......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
.... Rule. 4. MG Mahmud (Shaheen), the learned counsel appearing on behalf of the petitioners after placing the petition, impugned Judgment and order, the order passed by the respondent No.3 and other relevant Annexures mainly advanced a sole argument that the tribunal while deciding the case acted......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......e is also Reported in: 64 DLR (HCD) (2012) 100. ......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......FM Abdur Rahman J.- This Rule under Section 115(1) of the Code of Civil Procedure 1908, dated 09.7.2005, issued at the instance of the Defendant-Respondent-Petitioner is directed against the judgment and decree dated 13.06.2005 (decree singed on 19.06.2005), passed by the learned Additional District......ed himself as D.W.1 and further examined three others D.Ws. The P.W.1 only filed an information slip which has been marked as Exhibit-1 on the other hand the defendants filed the original copy of the documents of the registered sub-kabala being No.766, dated 2.2.1937, which has been marked as Exhibi..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....ansferred their share of 5.88 acres to Syed Ahmed, Moqbul Ahmed and Khurshid Jahan Akhter, (predecessor of the petitioners) by two registered Kabalas dated 25-7-1958 and 7-8-1958. But by mistake, the relevant SA Khatian in respect of said land along with other land was wrongly recorded in the name o...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......lso Reported in: 17 BLC (HCD) (2012) 511. ......ssed. The Appellate Division held that the facts which were required to be determined prior to correcting the record-of-rights by a proceeding under section 143 of the Act involved the examination of documents of title relating to the lands in dispute, commission of fraud, if any, and the interpreta..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......is independent and unqualified by the contract of sale or underlying transaction and the autonomy of the same is required to be protected. The authorising or negotiating Bank is bound to pay when all papers as per terms and condition of the letter of credit are presented which appears to the issuing......l Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J Dutex Enterprise Co. Ltd…………………………………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: ......e issue of the credit, (ii) the bank that issues the credit, (iii) the correspondent bank which is the intermediary between the issuing bank and the seller i.e. the beneficiary. It pays or negotiates documents or drafts tendered with documents or simply advises the credit to the beneficiary. In case..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......e Section 299 of the Penal Code which deals with culpable homicide requires that there should an intention to cause death or knowledge that death is likely to be caused as a result of such injury and there is nothing in the section which necessitates that the homicidal intention or knowledge mus......and caused injury and other accused persons also gave blows on different parts of the body of victim Wahed and they also snatched away a wrist watch, cash Taka 700/- a electronic Torch light and some documents regard landed properties; that the witnesses came to the place of occurrence from bazar an..Category: Criminal Law | Date: | Hits: 66
.... 1998 reversing those dated 26.10.1998 passed by the learned Assistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Sui......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......igh Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The ......n the pleadings of the parties the trial Judge framed 4 issues to decide the suit. At the trial the plaintiffs examined 6 PWs. and the defendants examined 7 DWs. and both the parties proved number of documents in support of their respective cases.
5. The learned Assistant Judge, Gomestapur, Nawab..
Category: Property Law | Date: | Hits: 66
....er whether the period of limitation as prescribed by section 28(4) of the Ain, 2003 was applicable in the 2nd execution case.
13. In order to decide the question, we feel it necessary to quote the relevant provision of section 28 of the Ain, 2003 which reads as under:
২৮। জারীর......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......BLD (HCD) (2010) 359.
......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....posite parties to show cause as to why the proceeding of CR Case No.249 of 1997 now pending in the court of Magistrate First Class, cognizance Court No.2, Pabna should not be quashed. 2. The facts relevant to dispose of the Rule, in short, is that the complainant is a Manager of Agrani Bank Ltd. ......rassment of a party by illegal prosecution. 14. In the instant case we do not find any such limitation or extraordinary reason for quashing the proceeding. Moreover on perusal of the complaint and papers accompanying the same, it appears to us that there is substance in the complaint and under su...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment July 6, 2009. Res......gh Court to quash a prosecution which amounts to abuse of the process of the court. It cannot be exercised by the High Court Division to hold a parallel trial, only on the basis of the statements and documents collected during investigation or inquiry for the purpose of expressing an opinion as to w..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
.... District Judge, Dhaka, in Title Suit No.227 of 2004 passing an order to maintain status quo in respect of the mortgaged property of the defendant-respondents till the disposal of the suit. 2. The relevant facts in short are that the defendant-appellant (hereinafter called 'the appellant') filed ......k. Therefore, in order to carry out the obligation pursuant to the decree of the Arthorin case they had no other alternative but to institute the instant suit. We have carefully examined the admitted papers which have been filed by the parties and here is a singular instance where none of the docume......ion (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. ......g out of the work order issued by the SMC under joint venture agreement would be made directly to Pubali Bank Ltd. Satmasjid Road, Dhaka, in the account of Contech Ltd. arid relying on these admitted documents Mr. Khalilur Rahman emphatically submits that it does not lie in the mouth of the defendan..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......tion of fact. This is dispute which could be resolved on affidavits and annexure. But disputed question of fact requires evidence to settle such fact. In the instant case, petitioners allege that the papers annexed with the petition are enough to hold that petitioners' fundamental right has been vio......e is also Reported in: 61 DLR (HCD) (2009) 693. ......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....thout considering the facts and circumstances of the case illegally held that the disputed deeds were obtained by the defendant petitioners by practicing fraud upon the plaintiff who was minor at the relevant time and illegally held that when fraud is proved the question of limitation does not arise......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ...... (2009) 764. ......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
.... list of abandoned buildings or any other relief. 13. Section 10 of the Ordinance lays down the power of the Court of Settlement and for our present purpose sub-section (5) and sub-section (6) are relevant. These two sub-sections run as follows: “(5) A Court of Settlement shall, after such e......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......Jurisdiction) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others........................Respo......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....nveyance in its favour, the last such request being on January 2011. 38. As the Rule matured we invited a number of bodies, having genuine interest and concern on the matter, who are familiar with relevant facts and laws, to assist us as amicus curiae, Bangladesh Environmental Lawyers’ Associat......e land it erected the building on. The map does not show that this land was conveyed to BGMEA– “it had grabbed this land stealthfully”, uttered Mr. Kamal. There was no plan for the land and the papers reveal irreconcilable degree of discrepancies even on the purportedly transferred land. He......l Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: The Rule......uthorities. By a communication dated 27th January 2004, RAJUK intimated BGMEA that the Building Construction Committee had accorded approval to the earlier’s plan and requested it to submit further documents and BGMEA obliged. 30. By another communication, dated 20th August 2006, RAJUK asked BG..Category: Constitutional Law | Date: | Hits: 642
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....titioner corporation in the Execution Case claimed Taka 13,855/= for advertisements cost Taka 8,500/= as legal expenditure. 6. The learned District Judge after hearing the parties and perusing the relevant documents, filed by the respective parties by the impugned judgment and order disposed of t......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......alling upon the opposite party to show cause as to why the order dated 05.11.2006 passed by the learned District Judge, Chuadanga in Miscellaneous Execution Case No.14 of 2004 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Th......corporation in the Execution Case claimed Taka 13,855/= for advertisements cost Taka 8,500/= as legal expenditure. 6. The learned District Judge after hearing the parties and perusing the relevant documents, filed by the respective parties by the impugned judgment and order disposed of the Execut..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... as review of the aforesaid order in the facts and circumstances of the case. He submitted that mention of wrong provision of law would not disentitle a party or Court to exercise its power under the relevant law for the administration of justice. In support, he cited Col. Md. Hashmat Ali (Retd) of ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......: 61 DLR (HCD) (2009) 72. ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....may seem fit and proper. 2. By the Rule issuing order dated 23-7-2007, all further proceeding of the said case were stayed till disposal of the Rule. 3. For the purpose of disposal of the Rule, relevant facts are that opposite party No. 1 Shadulla Hel Mamun as the complainant filed a petition ......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......also Reported in: 61 DLR (HCD) (2009) 762. ......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....৮ dated 21-7- 2007 (Annexure-F) issued by respondent No. 4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for disposal of this Rule, are that the petitioners and 33 others were appointed as night g......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......e is also Reported in: 61 DLR (HCD) (2009) 707. ......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ..Category: Employment/Service Law | Date: | Hits: 216
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......Division (Criminal Miscellaneous Jurisdiction) Present: Md. Abdul Quddus J Syed Md. Ziaul Karim J Khurshida Begum………………………Informant-Petitioner Vs. Monira Begum and others………………………..Opposite Parties Judgment May 15, 2008. Result: T...... in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of prosecution materials. The respondent may have in his possession on a number of documents to disprove the complaint but as those materials are not yet of the part of the materials ..Category: Criminal Law | Date: | Hits: 177
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....o the case of Khairunnessa Vs. Illy Begum reported in 1996 BLT (AD) 112 and 48 DLR (AD) 67 in support of his submission that the Statement of the victim girl and other surrounding circumstances are relevant for determination of age. Here in this case the victim Mosammat Rokeya Dil Afroz Munmun sta......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ...... Result: The Rule is made absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High C......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..Category: Criminal Law | Date: | Hits: 176
82598258825582548252825182508249824882478246824382408237823582318230822982278225