Search Options
Judgment Advanced Search
Displaying 1441-1460 of 4866 results.
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......hury with Abdel Mannan Bhuiyan with Md. Jiaur Rahman Sali, Advocates-For the petitioner. Md. Mamunor Rashid, Assistant Attorney General-For the state. Moinuddin, Advocate-For the Informant. Criminal Miscellaneous Case No. 24031 of 2010. Judgment A......e office of the accused and in course of discussion at one stage the accused became furious and refused to pay the dues of the complainant and threatened him for dire consequences. In such state of affairs, the informant filed this case primarily before the Chief Metropolitan Magistrate, Dhaka, whic...... accused petitioner, as it is found from the first information report, an act of criminality within meaning of Sections 06/206/506 of the Penal Code can be perceived which can be established during trial and at this stage the proceeding can not be quashed. Accordingly, he prayed for discharge of t..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. .................................Petitioners Vs. Md. Serajuddin @ Islam and others .............Opposite parties Judgment October 7, 2009. Result: The Rule is made absolute. In a suit for declaration of title and for recovery of possession, the plaintiff must prove his cause of aucti......o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ...... plaintiff failed to prove his cause of action in filing the suit and as such the suit is barred by limitation. None appears to oppose the rule. 8. On perusal of the judgment passed by the learned trial Court, it appears, no issue has been framed regarding limitation. The learned trial Court on c..Category: Property Law | Date: | Hits: 106
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....n, 2003. On hearing the application the learned Judge of the Artha Rin Adalat allowed the same, filed by the petitioner with a positive observation that in no circumstances decree-holder may have any right to get his claim more than 3 times of the principal amount and accordingly he passed the impug......e petition, should not be declared illegal and without any lawful authority and/or pass such other order or orders as to this court may seem fit and proper. 2. In short, the case of the petitioner for the purpose of disposal of this Rule is as follows:- 3. The Respondent No.2 & 3 borrowed ......eople's Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others, 61 DLR (AD) 92; Toufiqul Islam Vs. Ministry of Law, Justice and Parliamentary Affairs passed in Writ Petition No.10286 of 2008; Humayun Hossain Khan Vs. Government of the People's ......ng court. In fact, unless the decree is not set aside executing court cannot take any independent decision over the matter in order to determine the decretal amount which has already been made by the trial court. In support of this view we may rely upon a decision of unreported case of Toufiqul Isla..Category: Civil Law | Date: | Hits: 186
.... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
......udgment and decree dated 23.4.2006 passed by the learned Joint District Judge and Artha Rin Adalat, Narayangonj in Title Suit No.69 of 2006.
2. The plaintiff appellants instituted the instant suit for declaration of title in the suit land.
3. The plaint case, in short, is that Sabdi and Hisabd...... appeal is allowed without any order as to coasts.
Send down the lower Court records at once.
Nozrul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 321.
......ge and Artha Rin Adalat Narayanganj, framed necessary issues in the suit.
6. The plaintiff examined 7 witnesses while the defendant examined 3 witnesses in support of their respective cases. The trial Court on the evidence on record dismissed the suit and hence the appeal.
7. Mr. Khair Ejaj ..
Category: Property Law | Date: | Hits: 105
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....d in the House of Lords observed: "For words, and particularly general words, cannot be read in isolation: their colour and content are derived from context. So it is that I conceive it to be my right and duty to examine every word of a statute in its context, and I use "context" in its widest ......17.9.2003 passed by the learned Joint District Judge, 3rd Court Dhaka in Title Suit No.149 of 2002 rejecting the plaint of the suit. 2. The plaintiff-appellant instituted Title Suit No.149 of 2002 for declaration that he is the owner of the suit property and that the defendant wife is his benamda......rom a reading of the enactment as a whole. In Amalendu Majumder Vs. Selimuzzaman, 39 DLR 140, it has been held that the ordinary meaning of a word used in a statute does not always meet the ends of a fair and reasonable construction. To find out the exact colour and shape of the meaning of the word ......pellant, in brief, is that he married defendant No.1, Mrs. Fatema Begum who is a simple house wife have no source of income of her own and dependent on the plaintiff; that the plaintiff being an industrialist and with motive to get income tax relief purchased the suit property being urban property i..Category: Property Law | Date: | Hits: 134
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. .......- This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause why pending disposal of GR Case No.2923 of 1996 arising out of Dhanmondi P.S. Case No.10(10)96 which is now pending before the learned Sessions Judge, Dhaka as Sessions Case No.319 of 1997 accused‑petitioner Mrs. Job......d their names and the part they played. It is submitted that the reason behind implicating this petitioner is that she after the search of her house held a press conference wherein she alleged some unfair acts of the police personnel and also alleged something against the party in power and she also...... her prima facie liable for the offence alleged. He also submits that in this case though the petitioner is not an FIR named accused but police submitted charge‑sheet against her and the case is at trial stage and at this stage the petitioner may not be enlarged on bail. Though the learned Attorne..Category: Criminal Law | Date: | Hits: 82
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......ndanagouda Neelangouda 29 DLR page 239; 28 DLR page 421; Fakhruddin Mia and another Vs. Mohammad Khodabaksh Shaikh. Lawyers Involved: M. Latifur Rahman—For the Appellant. A. K. Badrul Hug for Syed Mokaddas Ali— For the Respondents. Second Appeal No.457 of 1964. Judgment Abdul ......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......3 Mr. Latifur Rahman, the learned Advocate has appeared on behalf of the appellant. He submits that the lower appellate Court erred in law in reversing the judgment and decree passed by the learned trial Court without reversing his finding and referring to the material on which the trial Court b..Category: Procedural Law | Date: | Hits: 81
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....oner, who was a public servant, as the Manager of IFIC Bank, Tultikar branch, is exclusively cognizable and triable by the Special Judge. Accordingly on 12.03.2005 the Senior Special Judge, Sylhet, rightly took cognizance of the, offence against the petitioner. Sub-section (5) of section 6 of ......twali Police Station Case No.39 dated 17.12.2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank Tultik......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......vocate for the petitioner adds that the Magistrate of the Court of cognizance accepted the police report and thereby discharged the petitioner and did not send him to the Court of Session for his trial. In that case the Senior Special Judge consisting of the Sessions Judge, Sylhet, had no jurisd..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....saw that after killing, the dead body of Lucky was hanged with a fan with her gauze scurf. Some photographs of her were taken in hanging condition. Blood in drops were falling from the fingers of the right leg. They saw marks of assault in both the hands of Lucky and also saw mark of blood. Thereaft...... the State Defence. Death Reference No.159 of 2005. Judgment Bhabani Prasad Singha J.- This Death Reference has been made by the learned Judge, Druta Bichar Tribunal No.3, Dhaka for confirmation of the death sentence imposed upon the condemned-accused Golam Sarwar Hossain Moi...... of occurrence the accused persons killed Lucky by beating her up and hanged her dead body with a ceiling fan. In his cross on behalf of the defence this witness stated that murdered Lucky had love affairs with S.I. Shafiqul. 14. The P.W.4 Wajiuddin stated in his deposition that the occurrence to......ar Hossain Mollah (Absconding)...........Condemned Prisoner Judgment January 27, 2011. Result: The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirmed. Cases Referred to- Siddique Munshi Vs. State, 44 DL..Category: Criminal Law | Date: | Hits: 97
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ........Appellants Vs. Bangladesh and another………………………………..Respondents Judgment July 15, 2009. Result: The appeal is allowed. Lawyers Involved: Md. Ohiullah for M. Hafizullah, Advocate-For the appellants. Not represented-For the respondents.......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ...... to be dismissed as against these defendants. 5. Upon consideration of the evidence on record and hearing both the sides of the counsels and with reference to the statute and decision, the learned trial Court allowed the suit by the aforesaid impugned judgment and decree. 6. Being aggrieved an..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....A' to the revisional application and the judgment of this Court dated 8.8.2006 passed in Customs Appeal No.5 of 2004 submits that the trial Court below on assessment of the entire materials on record rightly arrived at a finding that the present suit is neither barred by the provisions of Customs Ac......use as to why the impugned Order No.19 dated 22.02.2010 passed by the learned Joint District Judge, 4th Court, Dhaka in Money Suit No.11 of 2007 should not be set-aside. 2. The brief fact relevant for disposal of this Rule is that the sole opposite party as plaintiff instituted a suit being Money......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......22.02.2010, the plaint of the suit as evidenced by 'Annexure-‘A' to the revisional application and the judgment of this Court dated 8.8.2006 passed in Customs Appeal No.5 of 2004 submits that the trial Court below on assessment of the entire materials on record rightly arrived at a finding that ..Category: Fiscal/Taxation Law | Date: | Hits: 156
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
....main reason for refusing such prayer should have been that the accused petitioners' case is covered by the transitory provision of Ordinance No. XXIV of 1982 and those provisions do not contain any right of release of the accused petitioners, if the time limit is not observed. We therefore do n...... - For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney-General - For the State. Criminal Revision No.110 of 1983. Order Mustafa Kamal J.-This application u/s. 561A Cr.P.C. for quashing the proceeding in Kotwali P.S. Case No.42(5) 82 u/s. 436/511 of the Penal Code now pend......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ...... hundred and eighty days" the words "three hundred and sixty day" were substituted. 3. Ordinance No. XXIV of 1982 and the amending Ordinance No. LX of 1982 did not provide what would happen if any trial Court could not complete the trial of a case within a period of 180 days or 360 days. In our o..Category: Procedural Law | Date: | Hits: 123
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
....st him and asked defendant No.2 to let him know the exact charge and the name of the persons in presence of whom he was alleged to have made some abusive or obnoxious remarks and also demanded of his right to bring his witnesses as provided under Article 34 of the Articles of Association. It is also......gment and order dated 27.9.95 passed by the learned Subordinate Judge, First Court, Dhaka in Title Suit No.205 of 1995. The learned Subordinate Judge by the said order rejected the appellant's prayer for injunction. 2. The short fact leading to this appeal is, that the present appellant as plaint......ause the prejudice to the plaintiff. Mr. Huq then brought to our notice 6th Edition of Administrative Law, by HWR Wade at page 538, where it has been noted that a proper hearing must always include a fair opportunity of those who are the parties in the controversy for correcting or contradicting any...... the suit and also prayed for an ad interim order of injunction staying the order of suspension issued by defendant No.1 vide letter dated 24.8.95. 4. The respondents entered appearance before the trial Court and riled a written objection against the plaintiffs prayer for temporary injunction. Th..Category: Others | Date: | Hits: 154
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ...... opposite parties 1 and 2 as plaintiffs instituted Partition Suit No.150 of 1964 in the 3rd Court of Munsif, Comilla against the present petitioners and others and the same was decreed in preliminary form on 13‑6‑67 and thereafter final decree was passed on 10‑11‑87 which was subsequently se......oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......d this Court and obtained the present Rule. 3. Mr. Syed Mahmud Hossain, the learned Advocate appearing on behalf of the petitioners, submits that when the final decree was sealed and signed by the trial Court a petition filed under section 151 of the Code of Civil Procedure is not maintainable. H..Category: Procedural Law | Date: | Hits: 112
....tative in nature so long it is not reviewed by the Chief Martial Law Administrator or the Zonal Martial Law Administrator as the case may be, and as accused can not be said to have derived any vested right from such a Judgment and order but before converting the Judgment and order of acquittal into ......ot be declared to have been passed without any lawful authority and to be of no legal effect.
2. The Petitioner Abdur Rahman has filed this application stating that one Monsur Ali lodged a first information report on 20‑1‑82 against 22 accused persons including the petitioner alleging, inter ......owdhury J
M A Aziz J
Abdur Rahman………………………………….Petitioner
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others………………………………………..Respondents
Judgment
Apri......registered as Martial Law case No.18 of 1982.
4. To prove its case prosecution examined as many as 16 P.Ws. and the accused persons examined 4 D.Ws. On consideration of the evidence on record, the trial Court namely, the Special Martial Law Court No.2, Bogra by Judgment and order dated 16‑2‑8..
Category: Constitutional Law | Date: | Hits: 259
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....s plaintiff instituted aforesaid Title Suit No.371 of 1998 impleading Ms. Ummay Kulsum Siddiqua Huda the alleged Chairman of the trust in question as defendant seeking (a) decree for a declaration of right, title and interest of the plaintiff to the extent of 2/3rd portion of the schedule property a......nt Nozrul Islam Chowdhury J.- The Rule under Section 561A of the Code of Criminal Procedure was issued on 23-11-98 calling upon the Deputy Commissioner, Dhaka as well as opposite party No.2, the informant to show cause as to why the proceedings in Mohammadpur PS Case No.40(11) 98 arising out of P......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ......a Begum, learned Assistant Attorney General submits that the certified copy of the plaint in two different suits and the order passed in one of them may be produced in favour of the petitioner at the trial Court as a document for their defence and in deciding a proceedingunder Section 561A of the Co..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....e case of The State Vs. Abul Quasem, 27 DLR 342. 14. It is however to be noted that the revisional jurisdiction under section 439 Cr.P.C. is not to be lightly exercised and cannot be invoked as of right. Such power is to be exercised sparingly only in proper cases. In the present case the informa...... against the four accused persons on 31.08.1979 under section 147, 427 and 352 and 379 of the Penal Code. On 29.09.1979 the accused persons filed a petition stating that in order to harass them the informant party has falsely started a series of civil and criminal and revenue case against them The......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......he case of Wazir Vs. The State PLD 1962 W.P 405; 14 DLB (Lahore) 21 a Full Bench of the Lahore High Court observed:— ''In the case of incomplete challan, although the Magistrate could start the trial, if he keeps it waiting until another report should come until whatever is wanting should be m..Category: Criminal Law | Date: | Hits: 93
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....il nature excepting suits of which their cognizance is either expressly or impliedly barred." 4. Thus generally speaking Civil Courts can try all suits which involve the determination of any Civil right except those whose cognizance is "either expressly or impliedly barred". "Expressly barred" me......ide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC praying for rejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declar......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......f judicial procedure. 5. However it appears from the application for rejection of plaint and the impugned order that the point that the suit is barred under section 102 was not agitated before the trial Court. This point, therefore, may be decided as an issue in the suit. 6. Now we come to the..Category: Trust/Waqf Law | Date: | Hits: 131
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....minable at 6 months' notice. It has further been held in the decision that, under the provisions of section 42 of the Specific Relief Act, 1877 a person entitled "to any legal character" or to "any right to property" can institute a suit for a declaratory relief in respect of his title to such leg......-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216. Lawyers Involved: Md. Aminul Islam, Advocate for Omar Sadat, Advocate - For the Appellant. Shams Uddin Babul, Advocate - For the Respond......o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ......pplication for rejecting the plaint are mixed questions of law and fact which need thorough investigation on adequate evidence for arriving at a correct decision on framing specific issues by the trial Court. 48. In the case of Nurunnessa and others Vs. Mohibuddin Chowdhury and others, 49 DLR..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....t. The present case, in our view, should be proceeded with to ensure that the course of even handed justice is not interrupted. For reasons considered above we are of the view that the High Court has rightly refused to quash the proceedings in exercises of powers under section 561A. These appeals ar...... Feni in Special Tribunal Case No.129 of 2003 arising out of Feni police station Case No.32 dated 17.11.2002 corresponding to G.R. Case No.549 of 2002. 2. The prosecution case, in short, is that informant Md. Nuruzzaman lodged FIR on 17.11.2002 being Feni Police Station Case No.32 dated 17.11.200......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ......f the accused person, prima facie, submitted charge sheet being No.125 on 06.4.2003 under Section 19A of the Arms Act, 1878. 4. The case has been transmitted to the Special Tribunal No.4, Feni for trial where the same has been registered as Special Tribunal Case No.129 of 2003. 5. At the trial..Category: Criminal Law | Date: | Hits: 115
78587857785678557854785078487846784578427838783678347833783278307829782478177816