Search Options
Judgment Advanced Search
Displaying 1941-1960 of 7208 results.
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ...... or knowledge must be with reference to the life of the person whose death is actually caused……………………………….(13) By 'intention' is meant the exception of the consequences in question. Intention does not imply or assume the existence of some previous design or forethought. I......torney-General for the state on the other hand submits that the accused petitioner intentionally caused such bodily injury with the knowledge that such injury will cause death of the victim; that the facts do not real that there was free fight between the parties; that the causing hurt is not a sudd..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
...... occasionally failure of justice is that the learned trial court did not at all consider the evidence on possession by the defendants although, the D.W.1 was adequately corroborated by D.W.4-7 on the question of possession over the suit land. Apart from that, defendant No.1 exhibited 4 rent receipts......118 of 1998 reversing those dated 26.10.1998 passed by the learned Assistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Cla..
Category: Property Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......1st execution case.
12. Now let us consider whether the period of limitation as prescribed by section 28(4) of the Ain, 2003 was applicable in the 2nd execution case.
13. In order to decide the question, we feel it necessary to quote the relevant provision of section 28 of the Ain, 2003 which ......in Adalat No.2, Dhaka so far as it relates to issuing warrant of arrest against the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The facts necessary for the disposal of the rule are as follows:
3. The respondent No.3 Agrani Bank a..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......the opposite parties to show cause as to why the proceeding of CR Case No.249 of 1997 now pending in the court of Magistrate First Class, cognizance Court No.2, Pabna should not be quashed. 2. The facts relevant to dispose of the Rule, in short, is that the complainant is a Manager of Agrani Bank..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......rable order of injunction under order 39 rules 1 and 2 the petitioner requires to establish a prima facie case and prima facie case in the context of Order 39 appears to be an issue raising a serious question of law and in the instant suit which is peculiar in nature has arose a very complicated and...... Judge, Dhaka, in Title Suit No.227 of 2004 passing an order to maintain status quo in respect of the mortgaged property of the defendant-respondents till the disposal of the suit. 2. The relevant facts in short are that the defendant-appellant (hereinafter called 'the appellant') filed Arthorin ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....he writ petitioners have no right, title and interest in the land and, as such, instant Rule is liable to be discharged. 5. Respondent No. 6 also filed affidavit-in opposition wherein he has taken identical ground that after giving 0.32 acres of land to this respondent No. 6, Government still pos........Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division Disputed question of fact canno......not possible to record a finding as to a disputed question of fact. The High Court should not enter into disputed question of fact nor decide any question as to title which require investigation into facts and taking of elaborate evidence.………………..(12) Conduct of writ petitioner In ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......ally held that the disputed deeds were obtained by the defendant petitioners by practicing fraud upon the plaintiff who was minor at the relevant time and illegally held that when fraud is proved the question of limitation does not arise. The learned Advocate further submitted that in the facts and ......or Assistant Judge, Borguna Sadar, Borguna in Title Suit No.115 of 1998 should not be set aside and or pass such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 11..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......her the suit which was dismissed for default for non‑appearance of the plaintiff can be restored under section 151 CPC instead of filing a Misc. Case under Order 9 rule 9 CPC. 4. Since all other facts are admitted, I am not inclined to reiterate them to lengthen this Judgment of summary procedu..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......ke such decision on the prayer of the applicant as it deems fit. (6) The decision of the Court of Settlement shall be final and shall be binding on all parties concerned and shall not be called in question in any other Court.” 14. From the above, it appears that the Court of Settlement was e...... No.3, Block-D, Section-6, Mirpur Housing Estate, Police Station Mirpur, Dhaka and also in the form of implementing the order passed by this Court in Writ Petition No.303 of 1979 on 2-2-81. 2. The facts giving rise to this writ petition are, that one Mohammad Moinuddin happened to have taken leas..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ...... who shot deceased Tajul. It is not possible to fasten the liability for the murder on any of the accused and, in this view of the matter, the conviction under section 302 of the Penal Code is out of question. 11. The murder was not committed in course of committing dacoity. To convict the accuse......ion and sentence passed by the Additional Sessions Judge, Narayangonj in Sessions Case No.33/89 on 6-9-91 have been heard together and will now be disposed of by this common Judgment. 2. The short facts as narrated in the First Information Report and gathered from the evidence are as follows: ..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......15, 1994. Result: The Rule is made absolute. The want of plaint under section 195 is incurable and the lack of it vitiates the whole trial......................(9) Even if a Bainapatra in question is found to be a fake one, such a finding can only be made by the civil Court and not by th......se as to why the impugned proceeding in Kotwali Police Station Case No.6(2)79 should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts, as stated in the petition, in short, are that the present opposite party No.1 Shahar Banoo Zi..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......r against grabbing of water bodies. 25. Allowing this unauthorised building to stand, he said, would mean that the law is not equally applied for all. It would, he said, obviously give birth to questions about the intentions of the government. Rajuk must demolish buildings in the list of un......in its favour, the last such request being on January 2011. 38. As the Rule matured we invited a number of bodies, having genuine interest and concern on the matter, who are familiar with relevant facts and laws, to assist us as amicus curiae, Bangladesh Environmental Lawyers’ Association (BELA..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......trial Court on consideration of the evidence and the materials on record by judgment and order dated 13.09.2001 rejected the prayer for pre-emption by dismissing the case on finding that this sale in question was done with concurrence of the pre-emptors and as such the claim of the pre-emptors are b.......3.2008 allowed the appeal and thereby allowed the pre-emption case on finding, inter alia, that the principle of waiver, estoppel, and acquiescence will not be applicable upon the pre-emptors in the facts and circumstances of this case of pre-emption and as such the trial Court has committed error ..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......objection. The Executing Court cannot go behind the decree or claim in Execution Case and it has no jurisdiction to amend or modified decreetal amount or interest or legal expenditure. Further in the facts and circumstances of the instant case equity is not in favour of the petitioner as the petitio..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ....... Inherent power could only be invoked by the Court in case where it finds no provisions for the relief prayed for, and only for the ends of justice or to prevent abuse of process of the Court in the facts and circumstance of the given case………………………………………….(27) The..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......has a right to get it from the latter, who owes it to the former, but this right is always a civil or statutory right to be enforceable in a Civil Court or a Labour Court or the like. In such a case, question of criminal liability does not arise at all.............................(8) Lawyers Invo......fit and proper. 2. By the Rule issuing order dated 23-7-2007, all further proceeding of the said case were stayed till disposal of the Rule. 3. For the purpose of disposal of the Rule, relevant facts are that opposite party No. 1 Shadulla Hel Mamun as the complainant filed a petition of compla..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......২/বগ-২/২০০২/৭৯৮ dated 21-7- 2007 (Annexure-F) issued by respondent No. 4 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case, so far as are relevant for disposal of this Rule, are that the petitioners and 33..Category: Employment/Service Law | Date: | Hits: 216
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......f the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Ain-2000), rejecting the Naraji Petition and discharging the accused opposite party Nos.1-6 from the case should not be quashed. 2. Short facts leading to this Rule are that on 25-1-7007 the petitioner as informant lodged a first informat..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......tted on 13-11-2011 with a recommendation to stand trial of the accused along with other namely Md. Gohor Siraj, Managing Director of M/s 4H Fashion limited whose name is not available in the FIR. The facts narrated in the FIR has totally been taken a new shape in police report where benefit will go ..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......an FIR. The case was lodged on 19-05-2010 and the case was registered as Kafrul PS case No.42 dated 19-5-2010 under section 7/30/9(1) of the Nari-o-Shishu Nirjatan Ain 2000 as amended 2003. 3. The facts of the case, inter alia, is that Mosammat Rokeya Dil Afroz Munmun was a school going student w..Category: Criminal Law | Date: | Hits: 176
82518250824982488247824682438241824082398238823782368235823182308229822782268225