Search Options
Judgment Advanced Search
Displaying 1861-1880 of 7133 results.
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......, there was no power supply and as a result it had to stop its operation. On 20-5-2007 the defendants No.1-3 (of Title Suit No.31 of 2001) have adopted a resolution to transfers their 100% shares and accordingly executed share transfer form (Form 117), duly affirmed by swearing three affidavits; t......ellants Vs. Syed Shakhawat Hossain and others…………………………………Plaintiff-Respondents Judgment August 21, 2011. Result: The appeal is allowed. Cases Referred to- Mozher Sowdagar Vs. Md. Zahirul Islam, 8 BLD 1999 (AD) 29=40 DLR (AD) 62. Lawyers Involved......rtha Rin Court. 17. As such Section 27A of Artha Rin Adalat Ain, 1991 reads as follows: "27A. Restrictions on the directors of the debtor-Bank.-Notwithstanding anything contained in any other law for the time being in force, no resignation of any director of a debtor-Bank shall be effective ..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......………………...Petitioners Vs. Rupali Bank Limited and others……………………Respondents Judgment April 8, 2012. Result: The Rule is made absolute. Case Referred to- Sheikh Nazmul Haque Vs. Bangladesh, 14 BLC 107. Lawyers Involved: Md. Osman Ghani Bhuiy......y authority of the decree-holder-Bank and, as such, order for Civil custody/warrant of arrest cannot be issued against the petitioners under section 34 of the Ain; that the impugned order is thus unlawful and liable to be struck down. 4. Respondent No.1, the Bank contested the rule by filing an..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. .....................Petitioner Vs. Al-Arafah Islami Bank Ltd. and others ………………….Respondents Judgment November 20, 2008. Result: The Rule is discharged without any order as to cost. Lawyers Involved: ARM Shahidul Islam, Advocate — For the Petitioner. Kazi Md. Nu...... Artha Rin Adalat No.4, Dhaka, in Artha Execution Case No.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-4-..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
....vocate, appearing for the petitioner supports the Rule and submits that the petitioner was not given an opportunity of being heard and to cross-examine the P.Ws.2-5, which is the violation of natural justice. The learned Counsel lastly submits that the learned Judge of the trial Court failed to weig...... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ...... BLT (HCD) (2007) 300. ......f of defendant No.22, no witness was examined, although he prayed for such examination. Now the question calls for our consideration whether the learned Joint District Judge committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned ord..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....n this Civil revision is about ejectment of the opposite parties (defendants) from certain land as licensees. The issue is whether the Courts below committed an error of law occasioning in failure of justice in deciding that the defendants-opposite parties are not licencees and therefore not liable ......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......…………………Petitioners Vs. Felu Hossain and others………………………Opposite parties Judgment August 10, 2009. Result: The Rule is discharged. Cases Referred to- Abdus Samad Vs. Deputy Commissioner and Custodian of vested and non-resident property and oth...... Emdadul Huq J.- The dispute in this Civil revision is about ejectment of the opposite parties (defendants) from certain land as licensees. The issue is whether the Courts below committed an error of law occasioning in failure of justice in deciding that the defendants-opposite parties are not licen..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....eading and non-reading the evidence on record passed the impugned Judgment and decree in decreeing the suit thereby committed error of law resulting in an error in the decision occasioning failure of justice and the same should be set aside. 12. Mr. Md. Hassan Shaheed Qamruzzaman, the learned Adv......llows:- "When the plaintiff-respondents are found to be out of possession, a mere suit for declaration without a prayer for recovery of possession is clearly hit by the Proviso to this section and accordingly, the suit is not maintainable. (The principles propounded relates to the Proviso to sect...... Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Delwar Hossain J Md. Abul Kashem and others……………………………Petitioners Vs. Mst. Robila Khatoon and others……………………………Opposite parties Judgment February 25, 2010. ...... submits that the learned Judge of the appellate Court below misreading and non-reading the evidence on record passed the impugned Judgment and decree in decreeing the suit thereby committed error of law resulting in an error in the decision occasioning failure of justice and the same should be set ..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......hanically in a particular case is a mixed question of law and fact. Where the fact of non-application of mind is apparent from document or materials furnished by the prosecution and can be determined accordingly then there is no bar, as in the case under consideration, on interference under section ...... MR Hasan J Bayazid (Md.) ……………….Petitioner Vs. State ………………..Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute. Case Referred to- 60 DLR 629; 55 DLR (AD) 33; 60 DLR (AD) 147; ASS Mohammad Ali Vs. State, 35 DLR (AD) 324; Md....... (as amended in 2007), submits that, the ACC has not at all accorded any sanction as required by section 32(1) of the ACC Act, which is a pre-requisite for taking cognizance in this case. The learned lawyer, then filing a supplementary affidavit, sworn on 5-7- 2007, drawing our attention to the cert..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
.... will not exceed the statutory limit of holding set by law and, as such, the petitioner is entitled to an opportunity to meet this new challenge. The learned Advocate further submits that interest of justice demands that the pre‑emptor‑petitioner should not be non‑suited on a mere technical gr......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......………………..Petitioners Vs. Md. Shamsuddin………………………………….Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Case Referred to- Md. Matiur Rahman Vs. Md. Iman Ali and others, 1981 BLD (AD) 280. Lawyers Involved: AHM...... this Court and obtained the present Rule. 7. Mr. AHM Ziauddin Ahmed, the learned Counsel appearing for the pre‑emptor‑petitioner, submits that the learned Subordinate Judge seriously erred in law in refusing pre‑emption on the ground of non‑maintainablity of the pre‑emption case under ..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....t. It is urged by the learned Advocate that the appellate Court below having held that the suit is barred by section 42 of the Specific Relief Act has committed an error of law occasioning failure of justice. 10. It is noticed that the learned Advocate for the plaintiff‑petitioner, in course of......dants including defendant opposite parties 3‑5 were in possession of the suit land and not the plaintiff‑petitioner. The appellate Court below also held that the suit was barred by limitation, as according to it, the cause of action arose since the date of original purchase of the said and on 23......……..Petitioner Vs. Md. Abdul Hye and others…………………………………….Opposite Parties Judgment July 1, 1997. Result: The Rule is discharged. Cases Referred to- Hamidullah Talukdar & others Vs. Muslim Khan and others, 8 DLR 606; 13 DLR (SC) 228; 39 D......ssion by amending the plaint. It is urged by the learned Advocate that the appellate Court below having held that the suit is barred by section 42 of the Specific Relief Act has committed an error of law occasioning failure of justice. 10. It is noticed that the learned Advocate for the plaintiff..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....d Subordinate Judge is an erroneous order superseding this Court' s order dated 14‑1‑1996 staying operation of the earlier status quo order and thus the impugned order has occasioned a failure of justice to the petitioners and, as such, the impugned order is liable to be set aside. 6. Mr. SR ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......………………Petitioners Vs. Kafiluddin and others……………………………Opposite Parties Judgment July 25, 1996. Result: The Rule is made absolute. Cases Referred to- Ashraful Huq and others Vs. Anwar Ahmed and others, 1981 BCR (HC) 301; Asia Khatun being dead...... others Vs. Anwar Ahmed and others reported in 1981 BCR (HC) 301 wherein it has been held by a Division Bench of this Court that "A decree‑holder cannot be allowed to be deprived of the fruits of a lawful decree obtained after 15 years of litigation". It appears that the similar view has been expr..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....e Court of appeal below without considering the material facts allowed the appeal and decreed the suit, thereby committing an error of law resulting in an error in the decision occasioning failure of justice. 12. Mr. Shihabuddin Mahmud, the learned Advocate appearing for above opposite parties, o......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......arim J Mohammadullah………...Petitioner Vs. Abu Taher and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyer......he learned Judge of trial Court rightly dismissed the suit but the Court of appeal below without considering the material facts allowed the appeal and decreed the suit, thereby committing an error of law resulting in an error in the decision occasioning failure of justice. 12. Mr. Shihabuddin Mah..Category: Civil Law | Date: | Hits: 48
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ...... He further submits that since the kabala of pre-emptee No.2 was executed earlier than the kabala of the pre-emptor, the pre-emptor cannot pre-empt the land of pre-emptee No.2. He lastly submits that according to section 47 of the Registration Act, registered document operates from the date of its e......oners Vs. Mothaharuddin Miah being dead his heirs: Marzan Gouch and others…………..Opposite Parties Judgment May 22, 2006. Result: The Rule is made absolute. Case referred to- Rafiqul Islam (Md.) Vs. Mir Abdul Ali, 44 DLR (AD) 176. Lawyers Involved: Khan Saifur R...... cannot legally pre-empt the land purchased by pre-emptee No.2. This important legal aspect was not considered by both the Courts below. Therefore, the judgments of the Courts below cannot sustain in law. 22. The pre-emptor, however, failed to prove that the kabala of pre-emptee No.2 was ante dat..Category: Property Law | Date: | Hits: 38
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ......ation the informant along with his forces went there and found those dead bodies whereupon inquest were held and reports prepared and the dead bodies were sent to the Madaripur morgue for autopsy and accordingly the instant case started. 3. The police started investigation of the case and after c...... The State…………………………………………………………………………..Respondent Judgment November 28, 2006. Result: The appeal is allowed. Cases Referred to- State Vs. Azahar Gazi, 23 DLR 32; Abdul Aziz Vs. Sekandar Ali, 50 DLR 111; Siraj Vs. Crown, 9...... two persons died because of two distinct offences, though committed in the same transaction and for the framing of one charge for two specific offences of murder the charge has become defective. The law states as per section 233 of the Code of Criminal Procedure that their should be a separate char..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....on should not be allowed to invoke where some other remedy is available. In fact, this jurisdiction is not an alternative one nor an additional but it is a jurisdiction preserved in the interest of justice to redress grievances where no other procedure is available. This power cannot be so utili......e law as quoted above we are of the view to echo the decision of the learned Special Judge who has summarily rejected the review petition in order to set aside impugned Order of taking cognizance and accordingly it is decided that the Rule bears no merit and is liable to be discharged. In the res......………………Accused-Petitioner Vs. State and another………………………Opposite-Parties Judgment February 22, 2012. Result: The Rule is discharged. Cases Referred to- Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Habibur Rahman Molla Vs. State,......nd the FIR was recorded on 9-2-1991 and on investigation police report was submitted with a recommendation to stand trial of the accused-petitioner on 9-2-93 followed by the sanction as required by law received from the office of the then Prime Minister under Memo No.C/14/91/Ctg/1522 dated 18-1-93..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......d conditions clearly show that a criminal action was not contemplated by the parties, rather the dues were contemplated as being recoverable under the Public Demands Recovery Act. FDC initially acted accordingly by issuing a notice under section 32 of the FDC Act, 1957. But later on it filed the ins...... Patwari………………………..Opposite party 2. The State………………………..Opposite party Judgment April 23, 2009. Result: The Rule is made absolute. Case Referred to- Sultan Ara Begum Vs. Secretary, 38 DLR (1986) 105; Dewan Obaidur Rahman Vs. The State and ano......ce taken by the learned Magistrate under those penal provision was illegal and if the proceedings of the C.R. Case No.2355 of 2001 is allowed to proceed, it would amount to an abuse of the process of law and therefore it is liable to be quashed. 31. In the result, the Rule is made absolute. The p..Category: Criminal Law | Date: | Hits: 66
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
....Abdus Samad, the learned advocate appearing on behalf of the petitioners submitted that the Courts below committed gross illegality in passing their Judgments and decrees that occasioned a failure of justice, he further submitted that the trial judge, Kurigram committed an illegality by amending the......Belayet Mondal, Del war Hossain Mondal and 5 daughters Zahiron, Suraton, Sona Bibi, Golapi Bibi and Amena Bibi and Chabiron Nessa (wife), as his legal heirs who had been possessing the land in ejmali according to their respective share. That during the last R.S. settlement the caretaker of the plain......…………………petitioners Vs. Abdus Sattar and others………………………….Opposite parties Judgment July 8, 2008. Result: The rule is discharged. Case Referred to- Daibakilal Vs. Iqbal Ahmed, 17 DLR 119; Hupen Majhi Vs. Abdul Khair, 25 DLR 3; Paul Reinhurt ...... of title, partition and valuation of the suit was Tk. 50,000/- and further directed the plaintiffs to pay ad valorem Court fees in the lower Court within 11.05.2001 and thereby committed an error of law resulting in the decision occasioning a failure of justice. He again submitted that the lower ap..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....even in the absence of a provision in procedural laws, power inheres in every Tribunal/Court of a judicial or quasi judicial character to adopt modalities necessary to achieve requirements of natural justice and fair play to ensure better and proper discharge of their duties. Procedure is mainly gro......ocedural law prescribing procedure. So far as procedural law is concerned, the general principle is that alterations in procedure are retrospective unless there are some good reason against it. Again according to general Rule of Interpretation of procedural statute is to give retrospective effect un...... Md. Nur Hossen…………………….Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 ......re to which he again pleaded not guilty and declined to adduce any evidence or file any documents. 8. The defence case as it appears from the trend of cross-examination of the P.Ws. by the defence lawyer in short is that he is quite innocent and that he has been falsely implicated in this case. ..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......………………Accused-Petitioners Vs. State and another……………………………Opposite Parties Judgment May 7, 2006. Result: The Rule is discharged. Cases Referred to- AIR 1965 (SC) 1142; AIR 1971 (SC) 1283; 17 DLR (SC) 192. Lawyers Involved: Khondker Mah......haklader J.- This Rule is directed against Judgment and order dated 18-3-2004 passed by the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal No.4, Dhaka. 2. An impugned question of law as to interpretation of section 205 of the Code of Criminal Procedure is posted for decision. ..Category: Criminal Law | Date: | Hits: 39
Sufi Samrat Hazrat Mahbub-e-Khuda Vs. RAJUK and others, 2007, 36 CLC (HCD)
....tted complying with the Building Construction Rules, 1996. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 102. ......থা গ্রহণেরঅনুরোধ করতেছি।” Thereafter, on 30-6-2005, the petitioner submitted an application to the respondent No.2 along with a plan/map praying for according sanction/approval under the Building Construction Act with an undertaking to deposit neces......…..Petitioner Vs. RAJUK represented by chairman and others…………………………Respondents Judgment March 15, 2007. Result: The Rule is made absolute. Case Referred to- Jamuna Builders Ltd. Vs. Rajdhani Unnayan Kartripakha, 57 DLR 762. Lawyers Involved: A......respondent No.2 (Annexure-G) directing the petitioner to demolish the existing structure of the petitioner on holding No.1/2/E South Kamlapur, Dhaka should not be declared to have been issued without lawful authority and is of no legal effect. 2. The petitioner purchased land measuring 17.77 khat..Category: Property Law | Date: | Hits: 64
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......tion is made in negative and in favour of the Assessee-applicant. However, there shall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......is disposed off. Lawyers Involved A. J. Mohammed Ali, Advocate with Hassan M.S. Azim, Advocate with Kamal Hossain Meahzi, Advocate-For the Assessee-applicant. Mrs. Mahfuza Begum, Assistant Attorney General-For I.T. Department. Income Tax Reference Application No.72 of 2007 Judgment ......epartment. Income Tax Reference Application No.72 of 2007 Judgment AFM Abdur Rahman J. -In this I.T. Reference, under Section 160 of the Income Tax Ordinance 1984, the following question of law has been formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this..Category: Fiscal/Taxation Law | Date: | Hits: 83
83958394839383928391839083898388838783868385838383828377837683758374837283718369