Search Options
Judgment Advanced Search
Displaying 1641-1660 of 4866 results.
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
....leas and only such factual reference can be raised which are legally permissible, consequential and necessary to meet the case set up in the amended plaint. 8. The defendant cannot have unfettered right to change the written statement in toto or substitute it by a completely new written statement...... of 1984 accepting the additional written statement. 2. The petitioner as plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has a......is set aside without any order as to costs. The trial Court is directed to proceed with the suit and dispose of the same expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 420....... filing written statement on 20-6-86 denying that their predecessor-in-interest executed any agreement of sale in respect of the suit land. 4. On the basis of the said pleadings of the parties the trial Court framed issues and the suit was fixed for peremptory hearing when the opposite parties we..Category: Procedural Law | Date: | Hits: 148
....application under Order 1 rule 10 of the CPC cannot come within the mischief of limitation for failure of the trial Court to dispose of the matter in time. In this view of the matter, the trial Court rightly found that the suit was properly constituted and not barred by limitation.
13. Mr. Farooq...... Abdul Karim J.- This appeal at the instance of defendant No.1 is directed against the judgment and decree dated 23-4-1998 passed by the learned Subordinate Judge, 3rd Court, Dhaka decreeing the suit for specific performance of contract being Title Suit No.268 of 1981. The appeal arises out of the s...... cases in which the Court may properly exercise a discretion not to decree specific performance:
(i) Where the circumstances under which the contract is made are such as to give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresentation on the plaintif......hardship the contract would cause to the defendant, who, because of the present state of his health, is not in a position to enlarge his business for which the contract was entered into.
3. In the trial Court the plaintiff examined four witnesses as against eight witnesses by the defendant. The l..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....the duty, such provision should be treated as a directory one. Where, however, a provision of law prescribes that a certain act has to be done in a particular manner by a person in order to acquire a right and it is coupled with another provision which confers immunity on another when such act is no......learned Subordinate Judge, Bogra have been transferred to the Courts of different Assistant Judges of different Upazilas within the district of Bogra under section 24 of the Code of Civil Procedure for trial and disposal. The above Rules are heard together and disposed of by this one judgment. ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......ned Subordinate Judge, Bogra have been transferred to the Courts of different Assistant Judges of different Upazilas within the district of Bogra under section 24 of the Code of Civil Procedure for trial and disposal. The above Rules are heard together and disposed of by this one judgment. 2. S..Category: Procedural Law | Date: | Hits: 152
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......ls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, respondent No.5 allowing respondent No.6 Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, Upazilla Debhata, District Satkhira sha......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......t into execution under the warrant of the Sessions Judge. Investigation of offences punishable under Martial Law Regulation or Orders shall be instituted or carried under the ordinary law and the trial after investigation shall be held by the ordinary Criminal Court in accordance with the ordina..Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......ved: ABM Nurul Islam, Advocate —For the Petitioner. Civil Revision No.392 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This is an application by six accused petitioners for issuing a Rule upon the respondents to show cause why the order dated 14.3.88 passed by the Sess......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ...... accepted the charge sheet and continued the proceedings for procuring attendance of the accused persons in the Court and for sending the case with the accused person to the Court of Sessions for trial. 4. Mr. ABM Nurul Islam, the learned Advocate appearing for the petitioners submits that ..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
.... then and he also mutated his name in the recent settlement record and has been paying rents to the government. His further case was that defendant Nos.1 to 3, the present petitioners, without having right, title and interest threatened the plaintiff to dispossess from the land in dispute. 3. T......Appeal No.231 of 1980 reversing those of Mr. Md. Ali Khan, Munsif-in-Charge, 4th Court, Patiya in Other Suit No.85 of 1978. 2. The facts relevant are these: The plaintiff Abdul Alim filed a suit for permanent injunction against the petitioners one Kamaluddin and his vendor. The plaintiff’s ......ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ssion of the land in suit which was adjacent to their homestead where they grew different crops and as such the Court of appeal below was wrong in decreeing the suit reversing the judgment of the trial Court as in the DP Khatian Ext. A series the land was recorded in the name of the defendants..Category: Property Law | Date: | Hits: 95
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ...... Sessions Judge, Gazipur in Sessions Case No.167 of 1985 convicting appellant Hafizuddin and another under section 304 Part II of the Penal Code and sentencing each of them to rigorous imprisonment for 10 years. 2. The prosecution case, in short, is that on the night following 28th November, 19......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......se, Police submitted a charge-sheet against the accused Kofiluddin, Hafizuddin (the present appellant) and Safaruddin for commission of offence under sections 302/34 of the Penal Code. 4. At the trial, the learned Sessions Judge framed a charge under sections 302/34 of the Penal Code against th..Category: Criminal Law | Date: | Hits: 92
Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)
....he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......rt of Upazila Magistrate, Nawabganj, Dinajpur arising out of Nawabganj PS Case No.3 of 1987 dated 8.11.87 under sections 147/148/447/324/325/114/326/302/34 of the Penal Code. 2. The facts relevant for the disposal of the Rule may be briefly stated as follows: 3. That according to the prosecuti......he satisfaction of the Deputy Commissioner, Dinajpur till commencement of the trial of this case before the learned Sessions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......h the sides were caused. Both the cases after submission of the charge-sheets are still pending in the Upazila Court of Nawabganj and have not been sent to the Court of the learned Sessions Judge for trial as yet. 6. It is "stated that all the accused persons in both the cases are on bail except ..Category: Criminal Law | Date: | Hits: 74
....nesh; that Dinesh was very much a citizen of the country at the relevant time and as such his property could not be vested property and that the plaintiff being a bonafide purchaser for value has rightful claim to the same. As a result of these findings he came to the conclusion that the impugne......uit land belonged to Kunjalal Shaha and Radhikalal Shaha in equal share; that Kunjalal Shaha died leaving 3 sons, namely, Dinesh, Manindra and Jogendra; that Manindra and Jogendra migrated to India before the birth of Pakistan; that by an amicable arrangement Dinesh got the properties in this coun......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......by inheritance and the authority leased out the same to defendants 4-6; that plaintiff created forged deed by false personation and never paid any consideration money to the alleged vendor.
4. The trial Court on consideration of the evidence on record dismissed the suit. Against the decree the ..
Category: Administrative Law | Date: | Hits: 488
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....tiff No.2. 5. If for any reason the heirs of a deceased cannot be substituted within time, Court may allow the heirs of the deceased to be added as parties in the suit in order to protect their right in the suit property in the interest of justice. In the present case the widow and minor chi......tion are that deceased Kudrut Ali, the predecessor of the present petitioners, and opposite-party Nos.19 to 24 as plaintiffs instituted Title Suit No.72 of 1975 in the First Court of Munsif, Kushtia for declaration of title in respect of the suit land. The defendant opposite party Nos.2, 3, 4, 5,......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......eard by the learned Subordinate Judge, who, by his judgment dated 23.3.86, allowed the appeal, set aside the judgment and decree of the learned Munsif and sent the case back on remand for fresh trial with certain observations for impleading. Khukiran Nessa and Halima Khatun in the suit and als..Category: Property Law | Date: | Hits: 98
Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......neous Case No. 4846 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-petitioner was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the judgment and order dated 30.11.2002 passed by the Metropolitan Special Tribunal......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......al Tribunal No.11, Dhaka for hearing and disposal. Learned Judge of the Tribunal framed charge under section 3 of the Explosive Substance Act against the petitioner and another and proceeded with the trial. Since both the accused were absconding the charge could not be read over to them. 5. Pros..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....prosecution witnesses proved the case against the appellant beyond all reasonable doubt. The learned Additional Sessions Judge after considering the evidence on records found the appellant guilty and rightly passed the judgment and order of conviction and sentence. There is nothing to interfere with...... Second Court, Barisal in Session Case No.48 of 1988 convicting the appellant and two others under sections 302 and 34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life with a fine of Taka five thousand for each in default to suffer simple imprisonment for six......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ements under section 164 of the Code of Criminal Procedure confessing their direct involvement with the occurrence before the Upazila Magistrate, Gournadi on 30.1.1988. The case after being ready for trial, was sent to the Sessions Judge, Barisal, wherein it was registered as Session Case No.48 of 1..Category: Criminal Law | Date: | Hits: 125
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....nd trade of cast iron, sanitary pipes, fittings etc. since 1955-56 with goodwill and reputation. It had also registered the trade marks “Maanco” and “Manco” in its name and obtained exclusive right to use the trade marks on its products. The accused persons (herein opposite parties) incorpor......s Referred to- 6 BLD 315; 25 DLR 331; 22 DLR 502; Md. Monzur Alam Vs. The State and another, 11 BLT (AD) 156; Shahidullah Patwary Vs. State, 35 DLR (AD) 281. Lawyers Involved: No one appears for either of the parties. Criminal Miscecellaneous Case No. 3734 of 1998. Judgment Md. Ruh......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......tioner came to learn that the accused had infringed the trade mark rights of his firm again on 29.10.1994 by manufacturing cast iron, sanitary pipes and fittings etc. in their factory at Tejgaon Industrial Area, Dhaka with the word “MANCO” on those products to defraud the buyers, thus they commi..Category: Procedural Law | Date: | Hits: 114
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
.... poison, but throttling. The evidence of P.Ws.1 and 8 clearly proved the case and the appellant hopelessly failed to explain the cause of her death, while she was under his custody and as such he was rightly convicted and sentenced. The other witnesses, namely P.Ws.2-7 clearly proved that she died a......dated 24.10.1999 passed by the Sessions Judge, Gaibandha in Sessions Case No.48 of 1995 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life with a fine of Taka 2000/- in default to suffer rigorous imprisonment for 2 (two) months mo......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:...... 27.8.1993 under section 302/201 of the Penal Code against the appellant, and after investigation submitted charge sheet on 3.2.1994 against him under the same penal section. The case being ready for trial was sent to the Sessions Judge, Gaibandha and was registered as Sessions Case No.48 of 1995. T..Category: Criminal Law | Date: | Hits: 114
Md. Alamgir Bhuiyan Vs. State, 2012, 41 CLC (HCD)
....e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......No. 2254 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of a sole accused in a criminal case was issued on an application under section 561A of the Code of Criminal Procedure for quashment of the proceedings in C. R. Case No.555 of 1997 under section 406 of the Penal Code th......e order of stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment immediately. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: .......1998. Subsequently the Magistrate by his order dated 9.2.1999 framed charge against him under section 406 of the Penal Code to which he pleaded not guilty and claimed to be tried. 4. In course of trial the prosecution examined the witnesses and after closing the prosecution the case was fixed fo..Category: Criminal Law | Date: | Hits: 85
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....tness and that of P.Ws.8-10, three local witnesses. There is no minimum contradiction in the evidence of prosecution witnesses, who supported the case and therefore, the learned Judge of the Tribunal rightly convicted and sentenced the appellant. There is nothing to interfere with by this Court. ......cial Tribunal No.4, Kushtia in Special Tribunal Case No.158 of 2001 convicting the sole appellant under section 19A of the Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for fourteen years. 2. Facts leading to this appeal, in brief, are that the informant Md. Majibar......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......dated 11.6.2001 under section 19A of the Arms Act and after investigation submitted charge sheet against them on 31.8.2001 under the same section of the Arms Act. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Kushtia, wherein it was numbered as Special Tribunal C..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... of 2001 arising out of Motihar Police Station Case No.16 dated 24.6.2001 convicting the appellant under section 25B (2) of the Special Powers Act and sentencing him thereunder to suffer imprisonment for two years with a fine of Taka 500/- in default to suffer imprisonment for two months more. The T......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......1 under section 25B of the Special Powers Act and after investigation submitted charge sheet on 5.9.2001 against the sole appellant under the said section of law. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Rajshahi, wherein it was registered as Special Tribuna..Category: Criminal Law | Date: | Hits: 113
Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)
....tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......politan Special Tribunal Case No.1145 of 2005 arising out of Zia International Air Port Police Station Case No.43(8)2005 under sections 3 and 6 of the Explosive Substance Act rejecting an application for return of some articles seized from him, while he was arrested in connection with the case. 2......tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ed 20.11.2005. Articles seized from the appellant were mentioned in the said police report against serial Nos.4-15 and were proposed to be returned in his favour. 3. The case after being ready for trial, was sent to the Metropolitan Special Tribunal No.1, Dhaka, wherein it was numbered as Special..Category: Criminal Law | Date: | Hits: 132
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
.... 2. Abrasions 1/2 X 1/3 on left side of upper part of neck; 3. Multiple small abrasions found on both sides of neck; 4. Bruises 1/2 X 1/2 and 1/2 X 1/2 on left arm; 5. Bruises 1/2 X 1/2 on right elbow; 6. Bruises 1/2 X 1/2 on right leg. On deep dissection, thyroid cartilages were fo......lihati Police Station Case No.3 dated 8.7.2004 corresponding to G. R. No.331 of 2004) convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for one year more. ......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ....... Police, after investigation, submitted charge sheet on 9.10.2004 under sections 302 and 201 of the Penal Code against the appellant and his mother Setara Begum. 5. The case having been ready for trial was sent to the Sessions Judge, Tangail and was registered as Session Case No.232 of 2005. Lea..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....ther, to consider whether the amendment of section 339C by Act No. XLII of 1992, by which sub section (4) of section 339C was substituted during pendency of the criminal revision, would take away the right of release of the accused as it stood before amendment of the law. The Appellate Division dism...... section 439 of the Code of Criminal Procedure calling in question the legality of order dated 19.7.1992 passed by Special Tribunal No.2, Narayangonj rejecting an application filed by the petitioners for stopping the proceedings in Special Tribunal Case No.77 of 1990 and releasing them under section......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......d Rocket under section 19A of the Arms Act, and under sections 3 and 4 of the Explosive Substance Act against eight co-accused including petitioner Nos.1 and 3-7. 4. The case having been ready for trial was sent to the Senior Special Tribunal, Narayangonj and was registered as Special Tribunal Ca..Category: Criminal Law | Date: | Hits: 124
74567454745374517450744974477446744574437437743674357432743174307428742774267425