Search Options
Judgment Advanced Search
Displaying 1761-1780 of 7038 results.
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
.....e. the respondent No.5, although the election of the Samity for the period of 2009-2011 was held lawfully on 17.09.2009 freely, fairly, justly wherein the petitioners were elected. 12. Under such facts and circumstances and legal position the learned Advocate Mr. Immam Hasan finally argued that ......iction) Present: Md. Imman Ali J Md. Abu Tariq J Md. Moshiur Rahman Khan, Son of A.K.M. Altaf Hossain Khan, Elected Chairman of Bangladesh Mudran Shilpa Samity, 120, Arambagh, Dhaka-1000 and others ………………Petitioner S.M. Mohsin, Son of Md. Rezaul Haque Sarker, Senior Vice-......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....dinate Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No. 6 of 1980, (re-numbered as Money Suit No. 603 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the busi......ase is also Reported in: 61 DLR (HCD) (2009) 801. ...... report as opposed to the shore tank survey report and after giving 1% ocean allowance there remains no shortage whatsoever. Having considered the plaint, written statement, both oral and documentary evidence adduced by the parties it appears that a quantity of 5.754 metric tons tallow was found sho..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....the accused is innocent and he has been falsely implicated in this case. 8. The prosecution in all, examined 9 witnessÂes to prove the case against the accused person. 9. After considering the facts, circumstances and evidence of the case, the learned Judge, Special Tribunal No.3 Chittagong c...... No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special ......f) read with section 19A of the Arms Act, 1878 and charge was read over and explained to the accused who pleaded not guilty and claimed to be tried as per law. 6. After the closure of recording of evidence, the accused have been examined under section 342 of the Code of Criminal Procedure during ..Category: Criminal Law | Date: | Hits: 36
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, howÂever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ...... Result: The rule is discharged. Cases Referred to- Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrasa, 16 DLR (SC) page 281; Prov. of E. Pakistan Vs. Md. Shahabuddin Gazi and others, 25 DLR page 284; 25 DLR at pages 248 and 476. Lawyers Involved: Syed Shamsur Rahma......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, howÂever without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ..Category: Property Law | Date: | Hits: 19
.... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
...... with Faruque Ahmed - For the respondents.
Appeal from Appellate Decree No.770 of 1959.
Judgment
Sultan Hossain Khan J.- This appeal by the defendants is directed against the Judgment and decree passed by the learned Additional District Judge, Comilla (Tripura) affirming those of the......s in Batwara Khatian No.38 were self acquired properties of Arman Mir or joint properties of the two brothers and which khatian would prevail over the other.
4. The trial Court on consideration of evidence found that suit properties were joint properties of the two brothers Arman Mir and Jamirudd..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....irst Court of Settlement, Dhaka passed in Settlement Case No.362 of 1989 dismissing the case for non prosecution at the instance of Respondent No.5 without discussing the matter on merit. 3. Short facts of the petitioners case are that the case property originally belonged to one Janaki Ballav Du......ion (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J Md. Arif Hossain, Son of Late Noor Hossain, Village-Amirabad, Police Station-Keraniganj, District-Dhaka and others……………………………………Petitioner Vs. Bangladesh, Represented by...... the following matters, namely:- (a) Summoning and enforcing the attendance of any person and examining him on oath; (b) Requiring the discovery and production of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or copy thereof from any office; and ..Category: Procedural Law | Date: | Hits: 24
....nd illegal operation of excavators by the unscrupulous traders and also to realize compensation from them for causing damages to those rivers and the people living in the surrounding areas.
2. The facts leading to the issuance of the Rule, in brief, are:
3. The petitioner is Bangladesh Environ......resent:
Syed Mahmud Hossain J
Quamrul Islam Siddiqui J
Bangladesh Environmental Lawyers Association (BELA)………………………………..Petitioner
Vs.
Government of Bangladesh and others…………………………………Respondent
Judgment
January 14, 2010.
Re...... Nos.1 and 9 to the contrary an inter-ministerial meeting held on 24.3.2009 at the Ministry of Communication decided to request Respondent Nos.1 and 6 to revoke the earlier ban of February 1, 2009 as evidenced by Annexure-'F' to the Writ Petition.
9. Following the above stated meeting held at the..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....eal No.04 of 2004 affirming the order dated 11.01.2004 passed by the learned Joint District Judge, 2nd Court, Chittagong in Other Suit No.69 of 2003 disallowing the prayer for injunction. 2. Short facts relevant for disposal of the Rule are that the petitioner as plaintiff filed Partition Suit No......gh Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Rezia Begum…………………………….Plaintiff-Petitioner Vs. Abu Sayed and others……………………………….Defendant Opposite-Parties Judgment March 29, 2......cuments that the parties may choose to file while arguing the injunction matter. A plaintiff may make any amount of tall claims in the plaint but if the plaintiff cannot substantiate his claim by any evidence of any nature whatsoever during the hearing of temporary injunction matter, then it cannot ..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
.... opportunity for discharging them from the case if there is no sufficient ground available for proceeding against them, the invocation of the jurisdiction under section 561A would be premature in the facts and circumstances of the case and as such the Rule is liable to be discharged. In support of h...... Case is also Reported in: 13 MLR (HCD) (2008) 261. ......ed in Abdul Quader Chowdhury and others Vs. The State reported in 28 DLR (AD) 38 he submits that the High Court Division should not invoke upon an inquiry under section 561A of the Code as to whether evidence is reliable or not because the function of the trial Court after examination of witnesses i..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....borate the post mortem report with regard to the injuries as found on the person of the deceased victim Abdul Motlib. Finally, the learned State Defence Lawyer submits that in view of the surrounding facts and circumstances and the evidence on record the death penalty in question is too severe and h......€¦â€¦â€¦Respondent Judgment July 29, 2007. Result: The Death Reference No.56 of 2003 is rejected. The Jail Appeal No.361 of 2003 is dismissed. The Criminal Appeal No.2140 of 2003 and Jail Appeal No.497 of 2003 are allowed. Lawyers Involved: Md. Mozammel Huq, Deputy Attorne......refore, they have been heard together and are being disposed of by this Judgment which will govern all the appeals including the death reference. 3. The prosecution case, as it transpires from the evidence of the informant P.W.1 Abul Hossain, in short, is that on 5-3-1995 at about 4-00 PM his unc..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....for non consideration of the same by the appellate Court below in passing his impugned Judgment and decree. He also submits the decision referred by the appellate Court below is not applicable in the facts of the instant case. Mr. Paul referred the appointÂment letter of the plaintiff as Headmaster...... (2008) 63. ......ent marked Exhibit "A" series in support of his case while the defendant examined 3 D.Ws. and produced some document marked Exhibit "Ka" series in support of their case. 6. In consideration of the evidence trial Court dismissed the suit. Plaintiff preferred Title Appeal No.147 of 2003 in the Cour..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... in its presÂent form and manner and the petitioner has no locus standi to file a petition like the present one regardÂing a past and closed matter. The petitioner raised some disputed questions of facts, which cannot be decided under writ jurisdiction. That the writ petiÂtion is barred under sec...... Vs. Bangladesh & others……………………Respondents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil petition for Leave to Appeal No.1354 of 2006;......rbitrator entered on the arbitration proÂceedings on 17-1-1993 and both the parties appeared before the Sole Arbitrator and the Petitioner submitted its written claim on 2-1-1995 and also filed oral evidence on the same date. 12. It further appears from memo No. Mabak/ Ni-Pro/B-5/77/Port-1/89-12..Category: Alternative Dispute Resolution | Date: | Hits: 96
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....nt to the innocent petitioners as well as an abuse of the process of the Court and hence the impugned proceeding must be struck off to secure the ends of justice. 10. So, in the background of such facts of the case made here-in-above, we have no hesitation to hold that the continuation of the imp......d. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....ing DAB G.R. Case Nos. 44(A), 44(B), 44(C), 44(D) and 44(E) of 1983 arising out of DAB G.R. Case No.44/83 pending in the Court of Mr. M.A. Salam, Additional District Magistrate, Chittagong. 2. The facts of the case are that Khondaker Monirul Haque, Inspector DAB, Chittagong lodged an F.I.R. with ...... Vs. The State………………………………Opposite Party Judgment January 6, 1986. Result: The application is rejected. Cases Referred to- Nader Ali Shaikh Vs. The State and another, 1984 BLD (AD) 1; Una Rindu Bhikku Vs. Abdul Hakim Howlader, BCR 1984 (AD) 159. Lawy......se and submitted charge-sheet dated 22.12.83 against the two accused-petitioners under sections 408, 467, 468, 471, 420/109 of the Penal Code stating that during investigation by oral and documentary evidence it was established that accused-petitioner Md. Rafiqullah (Head Master of the school) in co..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....not arise. Moreover the ocular evidence as to assaulting by the appellants is also incredible. So the same are vulnerable to the credibility and very unsafe for reliance. 28. Having considered the facts and circumstances of the case and foregoing narrative we are led to the conclusion that the pr......d. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......five) witnesses, namely P.W.4, Amirun Nessa, P.W.6, Habi Sheikh, P.W.7, Md. Mostafa, P.W.8, Shafura Khatoon and P.W.9 Nasima Khatoon. The defence examined none. 6. After closure of the prosecution evidence the accused on dock were examined under section 342 of the Code of Criminal Procedure when ..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....ossession; that without proper investigation of the case, the investigating officer submitted charge sheet against the accused persons. 9. On consideration of the evidence on record as well as the facts and circumstances of the case, the learned Special Tribunal No. 2, Khulna was pleased to convi......Case is also Reported in: 61 DLR (HCD) (2009) 793. ......the examination of the prosecution witnesses, the accused Yunus was examined under section 342 of the Code of Criminal Procedure to which he expressed his innocence and the defence did not adduce any evidence on his behalf. 8. The defence case, as it transpires from the trend of cross examination..Category: Criminal Law | Date: | Hits: 134
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....fully married wife of the accused. To prove decepÂtion within the meaning of this section, it must be conclusively established that the accused either disÂhonestly or fraudulently concealed certain facts or made a false statement knowing it to be false. Where a man and woman went through certain c....... Eventually, charge under section 493 of the Penal Code was framed against the petitioner. The case is now pending for trial. 3. Feeling aggrieved the petitioner preferred the instant application and obtained the present Rule. 4. No one appears to support the Rule, although the Rule appears i......ve the Rule is disÂcharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....onger disputed. 19. Turning to the point of law raised by the parties in this appeal, particularly Section 32 of the Contract Act which renders certain contracts un enforceable, on scrutiny of the facts we find that Nazar Ali entered into two contracts for sale of the suit land in favour of Jahan......is also Reported in: 64 DLR (HCD) (2012) 384. ......ill fighting. 18. In this suit particularly in the Appeal arisÂing out of the same, the question as to the genuineÂness or otherwise of the Bainapatra, has not been raised at all, therefore, the evidence led by the parÂties in support or against the same need not be gone into, as such, we do n..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ision on various grounds. It is first contended that the learÂned Additional District Judge has misdirected himself in law in taking the view that Article 14 of the Limitation Act shall apply to the facts and circumstances of the case. According to him, Article 14 has application to a suit for sett...... September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD).......me has been leased out to defendant No.4. 5. Defendant No.4 filed a separate written statement but did not turn up at the time of trial. The learned Subordinate Judge, on consÂideration of the evidence on record, decreed the suit on contest with costs against defendant Nos.1 and 2 and ex part..Category: Property Law | Date: | Hits: 64
....f the suit land claiming it to be a vested property, thus the cause of action for the suit.
3. The defendant-opposite parties contested the suit by filling a written statement denying the material facts of the plaint contending, inter alia, that the S.A. recorded tenants Kalipada Nath and Sudhir ......ed in:
......ding plaintiff No.1 Samir Kumar Nath as P.W.1 and two deed writers, namely, Bhabesh Banarjee (P.W.2) and Elahi Box (P.W.3), who scribed the agreements and sale deeds respectively.
P.W.1 adduced in evidence two sale agreements as exhibits-1 and 1(a); two sale deeds as exhibits-2 and 2(a); two S.A...
Category: Property Law | Date: | Hits: 57
84388436843484328431843084298428842684248423842084168415841484118410840984088406