Search Options
Judgment Advanced Search
Displaying 1621-1640 of 5867 results.
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....ent Khondker Musa Khaled J.- On an application under section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the opposite-parÂties to show cause as to why the order No.35 dated 6-11-2004 passed by the learned Joint District Judge, First Court, Chittagong, in Misc, Case N......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......wing the said case under Order XXI Rule 58 of the Code of Civil Procedure, should not be set aside or such other order passed as this Court may seem fit and proper. 2. The relevant facts necessary for disposal of the rule are that the petitioner, namely Bank of Small Industries & Commerce Ban..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....ar - For the Opposite Parties. Criminal Revision No.49 of 1982. Judgment Anwarul Hoque Chowdhury J.- This Rule is directed against an order passed by the learned Sessions Judge, Khulna dated 21.11.82 setting aside the order dated 15.10.82 passed in Miscellaneous Case No.152 of 1967. ....... The matter was heard by a Single Bench of this Court. It was held that the Magistrate was competent to draw up proceeding under section 145 Cr.P.C. but he cannot on the same date without service of notice upon the second party pass an ex parte order of attachment. The said Bench found further that......ated 21.11.82 setting aside the order dated 15.10.82 passed in Miscellaneous Case No.152 of 1967. 2. Facts leading to this Rule in short are that the petitioner as first party filed the petition before the Sub-Divisional Magistrate Bagerhat on 30.11.76 for drawing up a proÂceeding against the se..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
.... - For the Appellant. Syed Badrul Alam - For the Respondents. Appeal from Original Order No.31 of 1981. Judgment Md. Altaf Hossain J.- This application is directed against an order dated 2.5.81 passed by the Subordinate Judge, 4th Court, Dacca in Title Suit No.27 of 1981. The appe......laintiff's prayers were allowed. One Advocate comÂmissioner was appointed to prepare an inÂventory of stock in trade on holding accoÂunts of stock of goods, capitals, loss and profit. A show cause notice was issued upon the defendant as to why he should not be restrained from carrying on business......Altaf Hossain J.- This application is directed against an order dated 2.5.81 passed by the Subordinate Judge, 4th Court, Dacca in Title Suit No.27 of 1981. The appellant Azibur Rahman instituted the aforesaid title suit No.27 of 1981 in the Court of Subordinate Judge, 4th Court, Dacca on 21.1.81 aga..Category: Procedural Law | Date: | Hits: 146
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....the trial the prosecution adduced oral and documentary evidence, and after the close of evidence the learned judge heard the arguments of both sides and fixed 20.2.83 for delivery of Judgment. On the date of Judgment the learned Special Judge instead of delivering the Judgment on merit ordered furth......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......his rule has arisen out of an order passed by the learned Additional Special Judge, Chittagong DiviÂsion in Special Case No.46 of 1981 directing further investigation of the case. Facts necessary for disposal of the rule may be stated thus. 2. Accused petitioner has been tried unÂder section..Category: Criminal Law | Date: | Hits: 70
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
.... the end of a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the half term of the tenancy and the tenant is able to stay on for a half term before the date of the determination of the lease period, section 106 is complied with and in fact, more than c...... August 7, 1983. Result: The application is rejected. The Transfer of Property Act, 1882 (IV of 1882); section 106 In the absence of a contract to the contrary the tenant is entitled to a notice for a period equal to half the length of the tenant under section 106 of the Transfer of Prop...... 7, 1983. Result: The application is rejected. The Transfer of Property Act, 1882 (IV of 1882); section 106 In the absence of a contract to the contrary the tenant is entitled to a notice for a period equal to half the length of the tenant under section 106 of the Transfer of Property Ac..Category: Property Law | Date: | Hits: 73
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....and the opposite party in order to escape the liability resorted to harass the petiÂtioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01,560/30 have been dishonoured payment by the petiÂtioner'......s an apparent disclosure of an offence of cheating. But in order to assess the complaint petition properly the other parts of the statements in the same complaint petition shall have also to be taken notice of. In paragraph 2 of the complaint petition it has been stated "that as huge amount of debt ......Amin-Ur Rahman Khan J.- The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the or..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11/84 L. S. dated 28-6-84 passed order for withdrawal of the cases and the detenue accordingly was released from......wers Act. In the detention order dated 27.2.85 bearing Memo No.835-MH A/Sec.(1) passed by the Ministry of Home Affairs no ground whatsoever has been stated. In the other order of detention it will be noticed that the detaining authority has stated that the detenu was being detained with a view to pr...... the Penal Code. Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....M Mahmudur Rahman J.- By this petition under Article 102 of the Constitution the petitioners seek issuance of Rule against the respondents directing them to show cause why Memo No.BD/LC/92‑28/95/43 dated 25‑1‑96 directing them to vacate the case land should not be declared to be illegal and wi......s the petitioners submitted applications to the concerned authorities for getting back of their lands but to no effect. Very recently, the respondent No.6 started surveying the unutilised lands and a notice dated 25th January, 1996, issued by the respondent No.5 was served upon the petitioners askin...... instrument and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down the policy of the Government, does not have any force of law and thus Article 102 of the Constitution cannot be invoked.………………………â..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....istant Attorney General with Md. Nur Nabi, Advocate — For the State. Criminal Appeal No. 2442 of 2008. Judgment Md. Azizul Haque J. - This appeal is directed against the judgment and order dated 8-4-2008 passed by the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 convicting ......ead body down in presence of the local chairman member and people and held inquest on the dead body and prepared the inquest report. He proved the inquest report, Exhibit I. He further stated that he noticed bruises on the neck, hand and leg of the deceased and sent the dead body to the morgue for a......y the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 convicting the accused appellant Md. Hasan Malik @ Titu under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 50,000 in default to suffer rigorous imprisonment for 2 (two..Category: Criminal Law | Date: | Hits: 91
Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)
.... No one appears — For the Opposite Parties. Civil Revision No.4733 of 2004. Judgment SM Ziaul Karim J. - This Rule calls in question the legality and propriety of the judgment and order dated 31-5-2004 passed by the learned Additional District Judge, Fourth Court, Comilla, dismissing M......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......o. 11 of 2000 (Pre-emption) in the Court of Assistant Judge, Nangolcot, Comilla under section 96 of the State Acquisition and Tenancy Act, 1950 impleading the preempted and others as opposite parties for pre-emption of 3 decimals of land described in the schedule of the application. 3. Eventually..Category: Procedural Law | Date: | Hits: 133
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... Imam Hasan, Advocate - For respondent No.2. Writ Petition No.3811 of 2006. Judgment Zinat Ara J.- In this writ petition, the petitionÂer called in question the legality of the order No.18 dated 20-4-2006 passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha Rin Suit No......te the outstanding dues of the Bank in spite of repeated request and reminders though the petitioner wrote various letters to the Bank and undertook to repay the same; that the Bank then served final notice upon the petitioner on 14-3-2004 for payment of the loan and after receivÂing the said final......ndent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Civil Law | Date: | Hits: 176
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... 1973 of 2005 and 4493 of 2005 are identical and they are heard together and disposed of by this Judgment. 2. In Writ Petition No.3210 of 2010 the petiÂtioners challenged the Gazette Notification dated 15th October, 1974 in respect of the land of plot Nos.15, 35, 36, 41, 57, 79 and 84, Gazette N......ion Pallabi, Dhaka (Annexures- 'C', 'D', 'E' and 'F' respectiveÂly). 3. In Writ Petition No.7012 of 2003 the Rule Nisi was issued calling upon the respondents to show cause as to why the impugned notice/order orally published/served upon the petitioner by beatÂing drum on 15-11-2003 asking the ......te Notification dated 21-8-1989 in respect of the land of plot Nos.84 and 79 and Gazette Notification dated 4th September, 1990 in respect of plot Nos.17 and 117 by which the Government acquired the aforesaid property of the petitioners situated at Mouza-Chakoli, JLNo.214, Police Station Pallabi, Dh..Category: Property Law | Date: | Hits: 89
....
Md. Rezaul Islam with Sathika Hossain, Assistant Attorneys General — For the Respondents.
Writ Petition No. 2173 of 1995.
Judgment
Md. Abdur Rashid J. - In the above Rule Nisi an order dated 26-95 (Annexure-Q) issued by the respondent No. 1, Additional Secretary and Member (Appeal and......Deputy Collector was lawful, the prayer for refund of deposited tax and cancellation of demand would not be accepted. Then, the petitioner was constrained to obtain the above Rule after sending legal notice demanding justice.
12. Mr. Abu Khaled Ahmed, today filed a fresh power and also a suppleme...... No. 243 dated 27-6-86 (Annexure-H) and SRO No. 161 dated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged.
2. Short facts for disposal of the Rule are that the petitioner was holding a customs bonded warehouse licence issu..
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....f action of a Criminal Case The cause of action of a Criminal Case should be ascertained in it's entirety i.e. from the initiation of the proceeding to its end. For the cause of non mentioning the date of receipt of the legal notice and cause of action in the petition of complaint, the course of ...... The cause of action of a Criminal Case should be ascertained in it's entirety i.e. from the initiation of the proceeding to its end. For the cause of non mentioning the date of receipt of the legal notice and cause of action in the petition of complaint, the course of justice should not be interru......1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little scope for taking defence……………………………….(17) Cause of action of a Criminal Case ..Category: Criminal Law | Date: | Hits: 103
.... respondents.
Writ Petition No. 3119 of 2000.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the ex parte judgment and order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chittagong (respondent No.1)...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......eir appointment. With a view to contest the case the second party-petitioner company filed a written statement denying the first party-respondents' claim. Thereafter, the case was fixed on 27.11.2000 for hearing. On this day, the first party filed hazira and the second party filed a petition praying..
Category: Labour and Industrial Law | Date: | Hits: 190
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....rs pasted as to this Court may see fit and proper. 2. Respondent No.2 Dr. Mriganka Ranjan Barua as informant lodged F.I.R. at P.S. Mirsarai on 16.11.76 to the effect that he made G.D. Entry No.138 dated 5-11-76 regarding kidnapping or killing of his brother Putul @ Tarit Kumar Barua. On enquiry t......peal has abated. Writ Petition along with the Judgment deliÂvered by the High Court Division shall also abate." 4. Thereafter the accused petitioners obÂtained the present Rule on 9.1.83. It was noticed by this Court on 1.4.85 that in spite of abatement of Criminal Appeal No.13 of 1981 the accu......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
.... under section 406 of the Penal Code against accused-respondents. Thereafter there were several adjournments and though the complaiÂnant was present with the P.Ws. for cross exÂamination on several dates such as on 12.2.82, 15.2.82, 21.4.82 and 1.6.82 jet mostly due to the absence of the accused, ......This Rule is acÂcordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......hairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only from Government of Bangladesh as grant under difÂferent heads and ..Category: Criminal Law | Date: | Hits: 104
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....11-7-1999 respectively. Thereafter, the petitioner filed Writ Petition No.2949 of 1999 challenging the decision of acquisition under section 5 of the Ordinance as well as the two compensation notices dated 8-7-1999 and 11-7-1999. The Hon'ble High Court Division on 19-1-2000 without issuing a Rule di...... thereby that the requiring body has no scope to go to the Arbitrator under section 28 of the Ordinance…………………(25) No matter whether the provision of section 12(1) was brought to the notice of the Court, it takes effect automatically after expiry of the statutory period mentioned in......rson interested who has not accepted any award made by the deputy Commissioner under this Ordinance." After insertion of sub-section (3) of section 28 it was made more clear that it would be required for the applicant to implead the requiring person as party to his application made under section 28(..Category: Civil Law | Date: | Hits: 170
....According to the Regulations of the Trust the disabled freedom fighters with 1-19% disability were not entitled to any honorarium…………………………(9)
A document must be annexed to validate any injury or disability to get remedy.
Disabled freedom fighters with 5%disability and enli......nd pursuant to the report dated 31.3.2003 (annexure-X-3), the State Honorarium of the petitioner was stopped.
“Admittedly, before taking the impugned action, the petitioner was not served any notice of show cause, against the proposed action. He was not given any opportunity to be heard. Na......onorarium…………………………(9)
A document must be annexed to validate any injury or disability to get remedy.
Disabled freedom fighters with 5%disability and enlisted with the Trust for the first time in 2004-2008, cannot claim themselves in any manner to stand on same footing with..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....nt Md. Rezaul Hasan J.- This rule has been issued at the instance of the accused petitioner calling upon opposite Party to show cause as to why the proceedings of Gulshan Police Station Case No.14 dated 16-4-2006 corresponding to GR Case No.143 of 2006 under section 406/420/109/465/467 of the Pen...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......aw.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude further investigation in respect of an offence after a report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petiti..Category: Criminal Law | Date: | Hits: 124
82118210820982078206820582048203820282018200819781968195819381918190818881858184