Search Options
Judgment Advanced Search
Displaying 1741-1760 of 5867 results.
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....on of the petitioner Nur Mohammad and another under Section 115(1) of the Code of Civil Procedure the Rule was issued calling upon the opposite parties to show cause as to why the Judgment and decree dated 9-9-1997 passed by the Subordinate Judge (now Joint District Judge), First Court, Chandpur in ....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......r should be prevailed. Section 48 of the Transfer of Property Act creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" means that who is present before the time has the better right i.e. the transÂferor cannot prejudice the right of the transfere..Category: Property Law | Date: | Hits: 134
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
.... enforcing the fundamental rights……………………….(23) Where a detention order was made, the authority making the order shall, as soon as may be but not later than fifteen days from the date of detention, communicate to the person the grounds on which the order has been made to enable ......rinciples of natural justice are not attracted. The reasons given therein were that the detention orders are made in an emergency situation, wherein to insist upon in the issuance of prior show cause notice may well amount to stultifying the action itself. It seems to us in arriving at such conclusi...... evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, are not ava..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....on 115(1) of the Code of Civil Procedure at the instance of one Momtaz Uddin defendant No.2 respondent-petitioner calling upon plaintiff-appellant-opposite party No.1 to show cause as to why judgment dated 27.4.2002 by Additional District Judge 1st Court Noagaon allowing T.A. No.154/97 setting aside......erit must be discharged. 10. Heard learned Advocate for the petitioner (defendant No.2 Momtaz Uddin) and learned Advocate for plaintiff-appellant-opposite party No.1 (Bimala Rani Roy). In spite of notices on defendant No.1 respondent opposite party no.2 Samchia and proforma defendant no.3 respond...... District Judge 1st Court Noagaon allowing T.A. No.154/97 setting aside judgment dated 19.5.97 of dismissal of O.C. suit No.197/94 by Assistant Judge 3rd Court Patnitala, Noagaon and sending the suit for remand to the Trial Court for further evidence by the parties in the light of observation made i..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ous Case No. 14943 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application under section 561A of the Criminal Procedure Code is directed against the judgment and order dated 10.07.2008 passed by the Additional Sessions Judge and Special Tribunal Judge, Natore in Speci......iving direction for handing over the seized factory Rolls alongwith machineries in favour of the petitioners. 13. For the purpose of answering to the said question posed, it will be profitable to notice section 561A of the Code of Criminal procedure which are quoted thus: "561A. Nothing in th......of the seized goods and the articles were seized from his control and possession and if it is found that the seized goods are perishable and its value would be diminished if it is remained in custody for long time or the applicant will unnecessarily incur heavy loss if the seized goods are not relea..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....party no.1. Civil Revision No. 1070 of 2008. Judgment Syed Md. Ziaul Rahim J.- Leave was granted at the instance of pre-emptee petitioner to consider, whether the impugned judgment and order dated 17.07.2007 passed by learned Special District Judge, Pabna rejecting Civil Revision No.50 of 2......6 of the State Acquisition and Tenancy Act, 1951. The case is pending for argument. 3. In Misc. case, the pre-emptor by the application dated 10-02-2005 sought to reÂcall P.W. 1 for proving legal notice and other documents etc. which was allowed by the trial Court and affirmed in revision by the......is discharged. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); section 96 The pre-emption proceedings is pending. The pre-emptor sought to prove some documents which are necessary for the purpose determining the real question of controversy between the parties. It is absolutely t..Category: Procedural Law | Date: | Hits: 163
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....able Instruments Act, 1881 (Act No. XXVI of 1881) The cause of action for filing of a case under section 138 of the Negotiable Instruments Act arises after expiry of the period of 15 days from the date of receipt of the notice sent under section 138 (b) of the said Act and consequent upon failure......881 (Act No. XXVI of 1881) The cause of action for filing of a case under section 138 of the Negotiable Instruments Act arises after expiry of the period of 15 days from the date of receipt of the notice sent under section 138 (b) of the said Act and consequent upon failure of the drawer to pay t......……………………Opposite Parties Judgment August 30, 2003. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) The cause of action for filing of a case under section 138 of the Negotiable Instruments Act arises after expiry of the ..Category: Civil Law | Date: | Hits: 163
....p of the company was filed at the instance of the shareÂholders under section 241 read with section 245 of the Act for winding up of the company which was allowed by this Court by judgment and order dated 24-6-2009.
2. Mr. AKM Badrudduza, Advocate of Supreme Court of Bangladesh was appointed as ......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......ection 253 of the Companies Act, if it deems fit to do so. The shareholders has adopted Special Resolution and the Official Liquidator also opined in favour of staying the winding up proceeding. Therefore, the application is allowed.………………(5, 6, 7 and 8)
Lawyers Involved:
Jashim Ud..
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....th Air Parabad Ltd. to take rent of four cargo Biman of Six months that the Air link paid Taka 83,00,000 (Taka eighty three lakhs) only to the Air Parabad as rent. The complainant did not mention the date of agreement and date of payment. He further submits that the case is under section 138 of the ......rst occurrence and consequently agreement was made between the parties (ii) drawing of the cheque, (iii) presentation of the cheque, (iv) returning of the cheque unpaid by the drawee bank, (v) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (vi) failur......anding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of the receipt of notice. As per section 177 and 183 of the Code of Criminal Procedure if the aforesaid six different acts were done in six different localities, any of the Courts exercising juri..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....ention was also extended by this order for a period of 90 days with effect from 30.2.89. The month of February expired on 28.2.89 and as such, the order of extension was given effect from an abÂsurd date. Since it cannot be ascertained from which date the detention of the detenu was extended for 90......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......l, the continuation of this illegal deÂtention by the order of extension passed by the GovÂernment must also be deemed to be illegal…………..(9) The initial order of detention of the detenu for a period of 30 days and the order was approved by the Government by an order passed by the Assis..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
.... with Omar Farook, AdvoÂcates—For the Opposite Party No.1. Criminal Revision No.4 of 1987. Judgment AM Mahmudur RahÂman J.- The petitioner has obtained this Rule against an order dated 19.11.1986 passed by the learned SesÂsions Judge, Cox's Bazar in Criminal Appeal No.48, of 19......40 DLR 150 to argue that even in absence of any provision of law requiring publication of the order of the trial Court directing the accused to appear before him on the date of trial specified in the notice, the principle of natural justice also requires that the accused must be given a chance that ......nserting section 339B in Cr.P.C. they did not consciously make any correÂsponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C...Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....pondent. Criminal Appeal No.1670 of 2002. Judgment Syed Mohammad Ziaul Karim J.- This appeal at the instance of convict appellant Md. Sayem Islam, is directed against the Judgment and order dated 22-05-2002 passed by Metropolitan Special Tribunal No.11, Dhaka in Metropolitan Special Tribun......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.(24) Cases Referred to- 47 DLR 451; Mohammad Ali and another Vs. The State, 1 BLC 164. Lawyers Involved: Md. Abdur Razzaque, Advocate for S.M. Rezaul Karim, Advocate - For the appellant. Sheikh Rezaul Karim, Assistant Attorney Gen..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....ule 19 Where there is specific proviÂsion of law for re-admission of the appeal then the litigant should invoke that provision. If the defenÂdant filed an application on the same date but under a wrong forum, the learned Judge ought to re-admit after setting aside the ex parte d......ifferent footÂing and in the case of such a mistake the exercise of inherent power of a Court is not subject to those limitations on its exercise which have been set down by the judicial authorities noticed above. Order 21, rule 90 of the Code, as it stands, empowers a Court, which has held an a...... Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 Where there is specific proviÂsion of law for re-admission of the appeal then the litigant should invoke that provision. If the defenÂdant fi..Category: Procedural Law | Date: | Hits: 154
....bmitted on 5-9-2005 through the Local Agent, Reliant Offered 25,000 MT of the goods. Upon finding Reliant's bid to be acceptable, BCIC issued a purchase Order No.PUR-3. 1812/2006-2007/CT-172 (F) /941 dated 19-10-2006 ('the Contract') to the Local Agent for 25,000 MT of the goods (Annexure-A). Prior ......e to proÂvide adequate vehicles, barges, trucks etc. for that purpose, a fact that was by then common knowledge within the international shipping community. This resulted in Reliant addressÂing six notices, all dated 3-12-2006, to BCIC referring to the prevailing situation of civil unrest and atte......t
Syed Refaat Ahmed J.- These are six Applications filed under Section 7 Ka of the Arbitration Act, 2001 (hereinafter referred to as 'the act") concurrent with all these Application being admitted for hearing and registered accordingly on 7-2-2007, except for Application No.08 of 2007 as was admi..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....Parties Nos.1‑3. Civil Revision No.660 of 1993. Judgment Md. Joynul Abedin J.- This Rule at the instance of the purchaser-Âpre‑emptee petitioner calls in question the Judgment and order dated 28‑11‑92 passed by the Additional District Judge, First Court, Sylhet dismissing Miscellan...... inheritance. The pre‑emptee opposite party Nos.3 and 4 sold the suit land to the pre-emptee‑petitioners Nos.1 and 2, who were strangers, by registered kabala dated 29‑4‑80 without giving any notice of the sale. The pre-emptee‑petitioners contested the said preemption case by filing writte......cellaneous Case No.97 of 1980(pre‑emption case) by the Senior Assistant Judge, Sylhet. 2. The short fact leading to the issuance of the Rule is that, the pre‑emptor opposite parties filed the aforesaid pre‑emption case in the Court of the Munsif, Sadar, Sylhet seeking pre‑emption of the s..Category: Property Law | Date: | Hits: 155
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... upon the respondents to show cause as to why the order of warrant of commitment of sentence of imprisonment passed by the District and Sessions Judge (Acting) and Additional Sessions Judge, Laxmipur dated 2‑6‑97 vide Annexure A treating the detenu as absconder convict Abul Hashem and his order ...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......Trial Case No.20 of 1988 in the Court of Sessions Judge, Laxmipur and to submit a report to this Court personally within two weeks from the date of receipt of the order. 3. The short fact relevant for disposal of the Rule is that the detenu was arrested on 1‑6‑97 by Md. Afsar, ASI in charge o..Category: Criminal Law | Date: | Hits: 88
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....h clean hand. 8. In the application for restoration no explaÂnation has been furnished by the petitioner or his learned Advocate what step was taken from 12-7-2011 to 3-1-2012. 9. In the order dated 11-12-2011, rejecting the application for default, it has been categorically mentioned that on......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......tioner. Gazi Md. Mamunur Rashid, Assistant Attorney General - For the State. Criminal Miscellaneous Case No.18937 of 2011. Judgment M Enayetur Rahim J.- This is an application for restoration of the above mentioned Miscellaneous Case under section 561A of the Code of Criminal..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ......ed-petitioners. 6. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing on behalf of opposite party No.2, the Anti-Corruption Commission, with the perÂmission of this Court, brings into the notice of this Court that the definition of Money Laundering as provided under the Money Laundering ......ion Act, 2009, now pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. It appears that Md. Taufiqul Islam, an Assistant Director of Anti-Corruption Commission, Head Office, Dhaka as informant, lodged a first information report against the accused persons under section 2(ট)(অ) and..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
.... Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him under sections 302/34 of the Penal Code by the Judgment and order dated 31-1-2007 passed in Druta Bichar Tribunal Case No.5 of 2006, Criminal Appeal No.690 of 2007 an......ve mentioned injuries which was ante-mortem and homicidal in nature. P.W.14 was cross-examined by the defense but his such medical eviÂdence has not been challenged on any particular ground. We have noticed it earlier that the death of the deceased is not disputed at all and the same has been refle......J.- This Death Reference, under section 374 of the Code of Criminal Procedure (in short, the Code) has been submitted by the Bicharak (District and Sessions Judge), Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him un..Category: Criminal Law | Date: | Hits: 147
....ee was plaintiffs appeal was dismissed. The High Court Division in Civil Revision No.3519 of 1993 set aside the judgments and decree of the Courts below and decreed the suit by its judgment and order dated 7‑7‑1997. The High Court Division also directed to restore possession of the suit property......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......
Lawyers Involved:
Kaisar Ali, Advocate ‑ For the Petitioner.
Civil Order No.5233 (Contempt) of 1997.
Judgment
AM Mahmudur Rahman J.- This application has been filed for drawing up proceeding of contempt of Court against the Secretary, Ministry of Works and the Assi..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
.... material allegations put forth in plaint. C. Eighteenth Defendant drew his last on 28.12.1985 and his heirs had been substituted as Defendant nos. 18(ka)-18(gaha) who are Petitioners. Order No.50 dated 8.8.1989 indicates that summons upon substituted Defendant nos. 18(ka)-18(gaha) had been serve......een illegible and Defendants-Petitioners did not authorize anybody to receive summons. II. Suit had been transferred from one Court of Subordinate Judge to other Courts of Subordinate Judge and no notice of transfers, had been served upon Defendants-Petitioners. III. Defendants-Petitioners for......Rita Bimala Purification, predecessor-in-interest of First-Fourth-opposite parties as Plaintiffs on 7.4.1981 instituted a Suit being Title Suit No.434 of 1981 in the Court of Subordinate Judge, Dhaka for a decree of partition in respect of A and B property described in schedule to plaint impleading ..Category: Procedural Law | Date: | Hits: 120
80158011800980078006800480028001800079997997799679947993799179897988798779857984