Search Options
Judgment Advanced Search
Displaying 1661-1680 of 4866 results.
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... Code of Criminal Procedure challenging order dated 7.9.1992 passed by the Sessions Judge, Brahmanbaria in Criminal Appeal No.71 of 1992 dismissing the appeal summarily on rejection of an application for condonation of delay in filling the appeal that was preferred against judgment and order dated 3......nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......rt on 25.1.1990 and obtained bail, but subsequently did not turn up to the Court and as a result their bail was cancelled. After observance of necessary legal formalities, the case was made ready for trial and was sent to the District Magistrate, Brahmanbaria, wherein it was registered as D. M. Case..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 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......he Code of Criminal Procedure calling in question the legality of order dated 20.9.1992 passed by the Additional Sessions Judge, First Court, Comilla rejecting an application filed by the petitioners for stopping the proceedings in Session Case No.28 of 1989 and releasing them under section 339C (4)......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: ......tion, submitted charge sheet on 30.6.1986 under sections 147, 148, 302, 364, 342, 326, 325, 379, 380 and 323 of the Penal Code against the petitioners and others. 4. The case having been ready for trial was sent to the Sessions Judge, Comilla on 9.4.1989 and was registered as Session Case No.28 o..Category: Procedural Law | Date: | Hits: 112
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....r for Taka 68,692 in favour of Rupali Insurance Company Ltd, Dhaka wherein it was stated that the payment would be adjusted at the time of negotiation of export bills/documents; that these defendants rightly issued Memo No.EXP/ JUA/55/96 dated 21-3-1996 served upon the plaintiff that their file in......k Ltd and others…………………………Respondents Judgment February 23, 2011. Result: The appeal is dismissed. Case Referred to- Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd., 54 DLR (AD) 70; Uttara Bank Vs. Macneill and Kilburn Ltd., 33 DLR (AD) 298; ...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......Ja-Ja(1), Jha-Jha(3), Neo, Ta-Ta(2), Da, Dha-Dha(1), Na, Tta, Tha-Tha(1). 13. The learned Joint District Judge after considering the issues, depositions and the materials on record concluded the trial and dismissed the suit. 14. Being aggrieved by and dissatisfied with the impugned judgment ..Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ous Case Nos. 6948, 4042 & 5341 of 1998. Judgment SK Sinha J.—These Rules arise out of complaint Case No.2018 of 1998 pending in the Court of Chief Metropolitan Magistrate, Dhaka and therefore, these Rules are disposed of by this judgment. Petitioners sought anticipatory bail and this Co......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......d in the Television and over the Radio. These are disputed facts which cannot be decided when exercising a jurisdiction under section 561A of the Code of Criminal Procedure. This is a function of the trial Court which would decide appropriately those facts on the basis of the evidence which will be ..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
.... Assistant Attorney-General must be held liable for the missing of his wife. He argues that the principle of wife killing case will be applicable in the present case. He contends that the court below rightly found the appellant guilty under section 364 of the Penal Code. The impugned judgment and or...... Station Case No.9 dated 27‑3‑98 corresponding to GR Case No.21 of 1998 convicting the appellant Abdul Majid under section 364 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Taka 2,000 in default to suffer rigorous imprisonment for 1 (one) ye......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......dge Nilphamari framed charge under section 364 of the Penal Code against accused Abdul Majid who pleaded not guilty and claimed to be tried when charge was read out and explained to him. 7. At the trial prosecution examined 9 witnesses including the informant and the investigation officer. P.W.1 ..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....ad body of deceased Khalilur Rahman aged about 35/26 years duly identified before him by Constable 249 Abdur Rouf and Constable 1748 Abdul Aziz and found the following: 1. Incised wound of the right side of the neck (lateral aspect) 4" x 3/4" x underlying cutting of the bone (right mandible).......of 1987 and Jail Appeal No.177 of 1987. Judgment Kazi Ebadul Hoque J. - This Reference under section 374 of the Code of Criminal Procedure by the Additional Sessions Judge, Jessore is for confirmation of the sentence of death passed upon the prisoners Abbasuddin Sheikh and Md. Abul......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......nder section 164 of the Code of Criminal Procedure. After investigation police submitted charge-sheet against the accused persons under sections 302/34 and 379/411 of the Penal Code. 3. At the trial the accused persons pleaded not guilty to the charge framed against them by the learned Additi..Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......man and others................Petitioners Vs. The State……………………………………………………Opposite Party Judgment January 15, 1990. Result: The application for quashing the proceedings is summarily rejected. Cases Referred to- 27 DLR 55 (11); 29 DLR ......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......nything contained in the Code or in any other law for the time being in force a Special Tribunal may take cognizance of an offence triable under this Act without the accused being committed to it for trial but shall not take cognizance of any such offence except on a report in writing made by a poli..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... before the DCT and one of the creditors did not at all respond to the notice served upon him under section 37 of the Act and in that view of the matter Mr. Bhuiyan, frankly conceded that the DCT was right in rejecting that amount of loan which allegedly had been advanced by those three creditors. T....... Abdur Rahim Bhuiyan, Advocate—For the Respondent. Reference Application No.37 of 1995. Judgment Syed Amirul Islam J.-In this reference application the petitioner has framed two questions for our decision, out of which question No.11(a) has not been pressed at the time of hearing and the......unds disbelieved the story of loan which he is not authorised by law to do so. The learned Counsel further submits that the DCT in making the assessment order is obliged in law to give the assessee a fair chance to clarify his position when he finds that the evidence adduced by the assessee is neith......the case the tribunal is justified in maintaining addition of Taka 12,50,000 from undisclosed source arising out of loan as the income of the assessee" 2. The assessee is an individual and an industrialist by profession. He submitted his income tax return for the assessment year 1982‑83 showing..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......tion of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1 has filed the suit for declaration of his title in .01 acre lands. His case is that some lands from the suit plot belon......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......bmission he has cited the decision in the case of Ranjit Kumar Rakskit Vs. Sudhir Kumar Chowdbury, reported in 38 DLR 39 wherein while interpreting Order 6 rule 7 it has been held as follows: "The trial Court allowed the plaintiff to introduce a new story (in his deposition and by production of d..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....n behalf of the other defendants who have of course preferred the appeal. The other contesting defendants also, do not appear to have adduced any evidence by examining witnesses and the suit has been rightly decreed in favour of the plaintiff‑respondent declaring his title and also allowing his pr......ner. NH Khandker, Advocate ‑ For the Respondent No.1 Opposite Party. First Appeal No.73 of 1994. Judgment Md. Ansar Ali J.- This is an application by defendant respondent No.8 praying for stay of further proceedings of the Execution Case No.3 of 1993 pending in the Court of the Addit......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......ment to contest the same. The plaintiff examined one witness and filed some documents in support of his title but the said defendants did not adduce any evidence. The Trial Court on conclusion of the trial of the suit after hearing both sides decreed the same on contest by the impugned Judgment and ..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....tian No.95 of Mouza Mymensingh town is government khas land; that the present petitioner filed Misc. Case No.141 of 1970 in the First Court of Munsif sadar, Mymensingh for correction of the record of rights in her name and obtained an ex parte decree within on 9.1.71 beyond the knowledge of opposite...... Appeal of 1986 affirming the ex parte Judgment and decree dated 11.2.86 passed by the Assistant Judge, 2nd Court Sadar, Mymensingh in OC Suit No.492 of 1981 decreeing the suit. 2. The short facts for disposal of the Rule are that the opposite party government as plaintiff instituted a suit for d...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......as been filed. Mr. Sharifuddin Chaklader, the learned Assistant Attorney‑General appearing on behalf of the government, has submitted that the ground for limitation was not duly agitated before the trial Court or before the appellate Court, and also submits that in the interest of justice the case..Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ...... 94, framing charge against the petitioner Sadesh Chandra Shaha alias Kala alias Kablyya under section 4 of the Anti-Terrorism Act and section 365 of the Penal Code. 2. The short fact as unfolded for the prosecution is, that on7.6.1994 at about 6-30 PM the accused petitioner along with others ki......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......d threatened that the victim would be killed. On 12.6.94 at night said Gopal Chandra Sutradhar however came back home getting release from the clutch of the accused. 3. The case is now pending for trial in the said Court. Charge has been framed against the petitioner under section 4 of the Anti..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....on. 8. Mr. Mansur Habib, the learned Advocate appearing for the respondents, supports the Judgment and submits that the learned Court below on proper assessment of evidence and materials on record rightly decreed the suit taking a correct view of law and facts. 9. The first submission of Mr. ......d by one Jogendra Bhusan Talukdar in favour of the plaintiff and three others since dead. 2. It appears from record that on 18.8.76 the plaintiff‑respondent No.1 Budhi Bala Dasi filed a petition for granting a Letter of Administration of the said Will under section 276 of the Succession Act to ...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ...... Girindra devolved upon Jitendra Nath Talukder. In view of the aforesaid facts and circumstances the suit is liable to be dismissed. 5. In the light of the conflicting versions of the parties the trial Court framed the following Issues: 1. Is the suit maintainable in law? 2. Is the allege..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....4 Delwar Hossain of Rupganj Police Station and found the following injuries‑ 1. One incised injury on left antero lateral aspect of the neck, 4" x 3" x bone deep. 2. One incised injury on the right antero lateral aspect of the neck, 3” x 2" x bone deep. 3. One incised injury just below ......inst the Judgment and order dated 13.8.1985 passed by the learned Sessions Judge, Narayanganj in Sessions case No.18 of 1985 convicting the accused appellants namely, Sahera Khatun and Kawsarun Nessa for the offence punishable under sections 302/34 of the Penal Code and sentencing each of them there......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......afu Miah. Mr. Shahid Ahmed, the learned Advocate appearing with Mr. Abdul Momen Chowdhury, the learned Advocate for the accused appellants, submits that the Judgment and order of conviction of the trial Court is based on surmises and conjectures and there is no legal testimony to connect the accu..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....fence triable by Sessions Court must be clearly kept in view. Committing Magistrate is just to see that a prima facie case has been made out and not to overstep the limit. It was further held that on right of private defence of life and property the decision on such question lies with the superior C...... Motion No.10 of 1996 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. President petitioner Jalaluddin Bhaiyan lodged an First Information Report at Kashba Police Sithon on 19-10-95 naming 86 accused persons including the 4 oppos...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... Officer to submit a final report with respect to an accused if there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to the Magistrate for facing trial. Mr. Huq contends that in view of the statement made by the five Bank officials and the medica..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......o. 574 of 1997. Judgment Amirul Kabir Chowdhury J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure at the instance of Reazul Karim, opposite party before the Election Tribunal. The opposite party No.1 named Kabir Ahmed was the petitioner before the ......Commission has been given the power from start to finish to oversee that elections are organised, held and conducted in accordance with law………………that overall responsibility for holding of fair election is that of the Election Commission itself to deny such power is to encourage the muscl......he judgment illegally. 14. The lower Appellate Court, on the other hand, considered the facts and circumstances properly and by well-reasoned judgment reversed the judgment and order passed by the trial Court and I do not find any error of law in the impugned judgment of the lower appellate Court..Category: Election Law | Date: | Hits: 248
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....n and the accused belonged to another group and because of rivalry amongst the groups of fishermen the deceased Afazuddin was murdered by the accused-persons and the learned Additional Sessions Judge rightly convicted the accused-persons. 10. P.W.1 lodged the First Information Report. He has stat......ned Additional Sessions Judge, Dinajpur, in Session Case No.40 of 1993 convicting all the accused-appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk. 2,000.00 each, in default to suffer rigorous imprisonment for 6 mo......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......day i.e. 24-6-92 at 12-15 PM Fazlul Huq lodged the First Information Report on the above allegation and the police after investigation submitted charge-sheet on 1-5-93 against 9 persons. 3. At the trial, all the nine charge sheeted accused, were charged under sections 302/34 of the Penal Code. ..Category: Criminal Law | Date: | Hits: 132
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
.... Mia took L.T.I, of the defendant No.1 which is clearly contradictory with the written statement filed by the defendant No.1. 6. The plaintiff-petitioner has produced the bainapatra Ext.1 from his rightful custody and the defendant No.1 has admitted her L.T.I, therein. She has however given an ......er. 2. Briefly stated the case of the plaintiff-petitioner is that the suit land belonged to defendant Nos. 1-4. The plaintiff and the defendants entered into an unregistered bainapatra on 11.4.77 for the sale of the suit land for a total consideration of Tk. 7000/- out of which the plaintiff-pet...... execution of the alleged bainapatra in the suit. 12. The appellate Court has failed to read the evidence of D.W.1 at the trial. She clearly stated in cross-examination that she conducts her own affairs herself. She consulted her husband and filed the aforesaid O.C. suit against Sultan. She also ......eived a single pie as consideration. 4. The plaintiff-petitioner examined 3 witnesses including himself as P.W.1 and the defendant No.1 examined 4 witnesses including herself as D.W.1. 5. The trial Court has found that the L.T.I s of the defendant No.1 are admitted in the alleged bainapatra ..Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......nance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed the said case before the Court of Settlement under section 7 of the Abandoned Building (Supplementary Provisions......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ...... the absentee member been present and gave his decision against the judgment the result would have remained the same and so the word 'shall’ used in the said section has the effect of "may" and the trial of the case by 3 (three) Members is not mandatory but directory. He also gave reply to other..Category: Labour and Industrial Law | Date: | Hits: 197
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
...., P.S. Keraniganj, District Dhaka belonged to Faloo alias Sk. Faloo as Jote Faloo (রায়াতিস্বত্বে স্থিতিবান) =occupancy raiyat. Faloo had 16 annas raiyaty right in the aforessid plots of the said two Khatians. While he was owning and possessing the afores......anj, District Dhaka belonged to Faloo alias Sk. Faloo as Jote Faloo (রায়াতিস্বত্বে স্থিতিবান) =occupancy raiyat. Faloo had 16 annas raiyaty right in the aforessid plots of the said two Khatians. While he was owning and possessing the aforesaid lands in a...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......he said three plots. Though defendant No.1 claimed to have paid rent in her name and in her husband's name but no rent receipt could be produced by defendant No.1 and defendant No.20 at the time of trial. 9. Defendant No.10 Khoaj Bibi alias Mukhari contested the suit by filing a written stateme..Category: Property Law | Date: | Hits: 135
74247423741374127411740974087407740574047403740274017400739973987396739473937391