Search Options
Judgment Advanced Search
Displaying 1721-1740 of 5867 results.
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....ing business. The plaintiff’s consignment was inspected by Inspectorate Griffith (UK) Ltd before shipment from UK and certified to be in good running condition in the Clean Report of Findings (CRF) dated 21-10-1999. The consignment was shipped on board the defendant No.1 vessel for carriage from H......r in container. Goods stowed in peak, poop, forecastle deckhouse, shelter-deck or other covered space shall be deemed for all purposes to be stowed under deck. The Carrier also has the right with out notice to the Shipper, to carry closed containers on deck but if he does so, the Hague Rules as inco......laintiff. M Hafizullah with Md. Al-Amin Sarker and Md. Ohiullah, Advocates — For the Defendants. Admiralty Suit No. 6 of 2002 Judgment Shamim Hasnain J.- This suit arises out of a claim for damages and compensation for a sum of Taka 6,02,37692 against the defendant vessel MV Banglar Ka..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....rtuddin J.- These two Rules one being Writ Petition No.614 of 1998 and the other being Writ Petition No.689 of 1998 having involved the same question of law and facts and the same Proggapan or notice dated 15‑2‑1998 having been challenged these two Rules are now to be disposed of by this common ...... Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The National Sports Council Act, 1974 (Act No. LVII of 1974), section 20A(b) Before passing the Proggapan or notice in relieving any person from his duty, or to suspend or dismiss any person it is required to ......¦.Respondents (In both to Writ Petitions) Judgment May 10, 1998. Result: The Rules are made absolute. The National Sports Council Act, 1974 (Act No. LVII of 1974), section 20A(b) Before passing the Proggapan or notice in relieving any person from his duty, or to suspend or dismiss..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election CommiÂssioner, Bangladesh & others, 1998, 27 CLC (HCD)
....o.456 of 1998. Judgment Md. Abdul Aziz J.- The petitioner Abdul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre o......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......cumstances the Election Commission being vested with the power to conduct the election peacefully, fairly and impartially, has the right to interfere with the election and cancel the result and order for re‑polling. ……………………………………(10) Case Referred to- 45 DLR (AD)..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....or Added Respondent no. 3. Writ Petition No. 10051 of 2006. Judgment Sheikh Abdul Awal J. - In this Rule Nisi the respondents have been called upon to show cause as to why the impugned order dated 1-10-2006 (Annexure- E) passed by respondent No. 1 rejecting the application for dismissing th......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......he Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree of the Artha Rin Adalat since there is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin Adalat………………â€..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....appertaining to CS Khatian Nos. 11 and 12, CS and SA Dag Nos. 21, 23 and 86 of Mouza Purbo Narashinghapur, Police Station - Ashulia, formerly Savar, Dhaka as requested by the demand of justice notice dated 12-7-2007 (Annexure-A) shall not be declared to be void and to have been made without any law ...... Rules, 1955. An aggrieved person should prefer an appeal on receiving the order of cancellation in the normal course of events and should not prefer writ petition. Without preferring appeal, serving notice demanding justice, is an absolute bereft of the approved procedure………………………......…………………(12) Whether writ petition is maintainable when there are several civil cases pending in different Courts involving the property in question. When a civil case is pending before any Court, writ petition involving the same property is not maintainable…………………â€..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....spondent Nos. 1 and 2. Writ Petition No.3519 of 1997. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the impugned order dated 5.6.1996 passed against the petitioner under the signature of Respondent No.3 allegedly acting......l and underwent medical treatment lying in the Hospital when he received an order dated 6.2.1996 passed by the Respondent No.2 placing him under suspension with effect from 7.2.1996. Thereafter, by a notice dated 19.2.1996, the petitioner was asked to show cause within 7 days from the date of receip......without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....not at all substantive evidence and it may be used only for corroborating a witness………………(44) Unusual delay cannot be caused in the matter of noting down statement of a witness and mandate of law demands immediate recording of statements when memory of witness remains fresh as human ......witnesses under section 161 of The Code is fatal to prosecution case and statements of witnesses are required to be left out of consideration. Some Judicial authorities on the topic may profitably be noticed. It has been held by High Court Division that delay in examining the witness was unjustified......ater is the standard of proof required……………………..(36) Though sad yet it is a fact that in our country there is a tendency on the part of people to rope in as many people as possible for facing trial in respect of murderous onslaught perpetrated upon any victim. Innocent persons, in..Category: Criminal Law | Date: | Hits: 85
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....iqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 31-07-2000 passed by Additional Metropolitan Sessions Judge, 2nd Court, Chittagong in Criminal...... The concerned Magistrate upon perusing the petition of complaint and examining the oppoÂsite party No.2 took cognizance of the offence under section 323/379 of the Penal Code in the case and issued notice upon the petitioner asking for his personal appearance. 3. On 02-04-1991 the date was fixe......d in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High Court Division under section 561A of the Code can be exercised only for either of the three purposes specifically menÂtioned in the section which are, firstly, to give..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
....nant lodged a petition of complaint on 10.7.79 beÂfore the Sub-Divisional Magistrate, Gazipur, allegÂing that he along with his three brothers purchased .90 decimals of land in two separate kabalas dated 25.6.79 and 2.7.79 from one Rashik Chandra BarÂman, son of late Rai Charan Barman at a total ......etition of complaint. These two, complaint and evidence of P.W.1, are contradictory to each other and as such it, in my opinion, demolished the very foundation of the whole case. This has escaped the notice of both the Courts below, and as a result they committed an error of law for non-consideratio......diction in between the docuÂmentary and oral evidence which was not considered by the Courts below in accordance with law, and the High Court Division has got jurisdiction to interfere in the matter for such non-consideration of evidence and come to a decision on the basis of the materials on recor..Category: Procedural Law | Date: | Hits: 111
.... 2678 of 2005, 3797/2003, 6971/2004, 6262/2005, 1512-13 of 2006.
Judgment
MA Rashid J. - The above Rules Nisi except the one in Writ Petition No. 1513 of 2006 were issued against a common order dated 10-2-2003 passed by the Appeal Officer under rule 31 of the Tenancy Rules, 1955 hereinafter re...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......we heard them together and now dispose of them by this common order. We also think, the facts of one case would be sufficient to understand the issue (s) at which the parties are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul Khal..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ful Islam, investigated into the case, visited the place of occurrence examined and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure and submitted charge-sheet dated 26‑8-Â98 under sections 143, 302 and 34 of the Penal Code against accused Ershad Ali Sikder......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ...... dismissed. The Criminal Appeal No.1281 of 2000 is allowed. The Penal Code, 1860 (Act No. XLV of 1860); sections 34, 144 It is an accepted principle of law that common intention can even be formed on the spot and a person can be killed without any pre‑plan……………..(36) The app..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....e return in accordance with the law and the corrupt practice of not disclosing all sources of fund as required by Article 44AA(4), would not have any direct bearing on the election. The returned candidate and/or his Election Agent have committed corrupt and illegal practice in the way they have comp......election schedule. 31. In his cross-examination, D.W. 1 stated that he appointed Tofazzal Hossain Farid, Amir of Jamaat-i-Islam, Bangladesh, Pirojpur District, as his Chief Election Agent and sent notice in writing to the Returning Officer about the said appointment. It was his Chief Election Age......003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an affidavit at the end of any statement not only gives the same a to..Category: Election Law | Date: | Hits: 300
Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
...., Advocate-on-Record—For the Respondent Nos.1-7. Md. Zaimd Abedin, Advocate-on-Record—For Respondent No.8. Civil Petition for Leave to Appeal No.625 of 2009. (From the judgment and order dated 1st June, 2008 passed by the High Court Division in Writ Petition No.4764 of 2006). Order ...... such the proposal for leasing out the said land canÂnot be considered and also further directed to take step for declaring the same as Labon Mohal; that thereafter the writ respondent No.4 issued a notice to the members of District Salt Development and Management Committee on 27.03.2006 for attend......l-Jalil, Deputy Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-on-Record—For the Respondent Nos.1-7. Md. Zaimd Abedin, Advocate-on-Record—For Respondent No.8. Civil Petition for Leave to Appeal No.625 of 2009. (From the judgment and order dated 1st June, 2008 passed by t..Category: Civil Law | Date: | Hits: 182
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
....al Revision No.595 of 2009. Judgment Naima Haider J.- This Criminal Revision under section 439 read with section 435 of the Code of Criminal Procedure is directed against the Judgment and order dated 01.12.2008 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.37 of 2008 a......days after the date of occurence while she was in the hospital. She was in the hospital for 14 to 15 days. 14. P.W.4 Dr. Nizamuddin is the Resident Medical Officer. 15. The injuries which were noticed by the R.M.O are as follows: (1) one incised wound on the right side of parietal region o......pondent Judgment December 14, 2009. Result: The criminal revision is disposed of with modification of sentence. The Penal Code, 1860 (Act No. XLV of 1860); sections 320, 324, 326 before conviction for the offence of grievous hurt can be passed, one of the injuries defined in secti..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....isi was issued calling upon the Respondents to show cause as to (i) why the impugned enquiry under section 44 of the Jahangirnagar University Act, 1973 (in short, the Act) and in particular the order dated 13.9.2008 of the Syndicate (Annexure-G) shall not be declared to have been made without lawful......ncellor failed to respond to the victim-complainants' appeal dated 16.10.2008 under section 51 of the Act seeking a fresh enquiry and their reminder dated 28.10.2008 in that respect. On 23.10.2008, a notice demanding justice was sent on behalf of the petitioners regarding the failure of the Universi...... May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/ha..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....r Amin, Advocates - For the Petitioner. None appears - For Opposite Party. Civil Revision No.864 of 2004. Judgment M Moazzam Husain J.- This Rule is directed against the order dated 15-11-2003 passed by the learned District Judge, Tangail, in Miscellaneous Case No.51 of 2003 ......Judge from the Artha Rin Adalat and was renumbered as MiscellaÂneous Case No.68 of 1998 as aforesaid. The present petitioner as opposite party in the MisÂcellaneous Case was accordingly served with notice of the transfer and pendency of the case in the Court of the District Judge, Tangail. He also...... are made in order to short-circuit the long procedure of general law obviously to carry out the purpose of the Order itself………………..(12) Since the law does not make an exception to the forum and consistently mentions the words "District Judge" as the forum for making the application t..Category: Property Law | Date: | Hits: 127
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
....ad with Roynagar Municipal Road. The suit pathway is a curved pathway on the south and east of the plot No.10316 which is plaintiffs homestead and also the plot No.10319. Kumar Gourish sold by kabala dated 3.7.67 to defendant No.5 Abdul JaÂlil .25 decimal of land out of plot Nos.10316 and 10319. Pl......been pending before the learned Subordinate Judge. Therefore, the only point taken by the learned Subordinate Judge was whether the plaintiff had right of easement by necessity. 9. It is worthy of notice that in the plaint the plaintiff did not specifically claim the easement by prescription or b......ed. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient ownÂer and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…â..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....ccused persons which was voluntarily withdrawn by the complaint himÂself, on the basis of an amicable compromise; and as such, the accused-petitioners were given acquittal in that case vide an order dated 17-1-2007 and the said order of acquittal being still in force, this 2nd complaint on the self......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......lf same allegations against the same accused, and the accused petitioners having been acquitted under section 248 Cr.P.C. on the basis of withdrawal petition of complaint, shall stands as a legal bar for the purpose of initiaÂting the impugned 2nd complaint proceeding. The principle of double je..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....arties. Civil Revision Case No.4802 of 1999. Judgment AFM Ali Asgar J.- This rule was issued calling upon the defendant opposite party Nos.1-4 to show cause as to shy the impugned judgment dated 10-6-1999 and decree dated 20-6-1999 passed by the learned Additional District and Sessions Ju......ported in 14 DLR (SC) 112 being the case of Mohiuddin Mollah Vs. Province of East Pakistan. 10. Mr. Saha next submits that the defendant Nos.1-3 did not cancel the deed of agreement by serving any notice in writing or even there is no evidence that even verbally the defendant Nos.1-3 cancelled th...... orders passed as to this Court might seem fit and proper. 2. At the time of issuance of the rule the operation of the impugned judgment and decree dated 10-6-1999 was stayed. 3. Facts relevant for the purpose of disposal of the rule in short are that the plaintiff and the defendant No.4 enter..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....ew the fact that she has been supporting a child in the same household. In either case, the claim is subject to article 120 of the First Schedule to the Limitation Act, 1908 i.e. 6 years prior to the date filing of the Family Suit……………………(50 & 52) Cases Referred to- Jamila ......osite Parties Judgment December 12, 2011. Result: The Rule is disposed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(......iff site should produce more credible evidence e.g. the dower fixed in other marriages of the girls of that family, the family status of the plaintiff and other relevant matters such as "age, beauty, fortune, understanding and virtue" of the girl……………….(34) If there is no kabinnama an..Category: Family Law | Date: | Hits: 246
80538050804980468045804280408038803780348032803180308025802380228019801880178016