Search Options
Judgment Advanced Search
Displaying 1941-1960 of 4866 results.
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....dant No. 2. It is well settled that mother is entitled to custody (hizanat) of her male child until he has completed the age of seven years and of her female child until she has attained puberty. The right continues though she is divorced by father of the child, unless she marries a second husband i...... dismissing Miscellaneous Appeal No. 312 of 2004 and affirming those of dated 21-10-2004 passed by learned Assistant Judge, Additional Second Court, Dhaka dismissing Miscellaneous Case No. 14 of 2003 for default. 2. Material facts are that plaintiff instituted Family Suit No. 333 of 2002 in the F......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......efault. 2. Material facts are that plaintiff instituted Family Suit No. 333 of 2002 in the Family Court, Dhaka against the defendant for custody of his male child Shajib aged about 21/2 years. The trial Court by the judgment and decree dated 9-6-2003 decreed the suit ex parte. Against which the d..Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....pposite parties, oppose the Rule. Their common contentions are that order of granting injunction by trial Court suffers from illegality and Court of appeal below after considering materials on record rightly reversed the order of trial Court, which calls for no interference by this Court. In orde......ading to this Rule are that on 22-3-2004 petitioner as plaintiff instituted Other Class Suit No. 61 of 2004 in the Court of Assistant Judge, Rajshahi, Sadar, impleading opposite parties as defendants for declaration that resignation of his Nikah Registrar office dated 12-11-2003 submitted to Distric......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......h Registrar office dated 12-11-2003 submitted to District Registrar is forged, fraudulent and also for permanent injunction. In suit, plaintiff sought for temporary injunction which was allowed by trial Court but reversed in appeal. Hence the Rule. 3. The learned Advocate appearing for petitio..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... no settlement/compromise between the petitioners and respondent No. 3. The petitioners owe the respondent No. 3 a huge amount of money which he has defaulted to repay and therefore his name has been rightly included in the CIB Report. That the CIB Report was prepared in accordance with paragraph-43......pany engaged in jute mills business and petitioner No. 2 is its Managing Director. Petitioner No. 1 has been enjoying various loan, overdraft and banking facilities from its banker, respondent No. 3, for the purpose of its business; that the respondent No.1 has been enjoying various loan, overdraft ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but on a writ jurisdiction this question cannot be decided. Defendants will be at ..Category: Civil Law | Date: | Hits: 121
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....rinciple of law of the theory of last seen. He adds that accused Abu Bakar, Bipul, Miru, Babui and Titu have been absconding which is a circumstance leading to their guilt. The learned trial Judge rightly and legally convicted and sentenced the convicts which does not deserve interference. There......d 153 of 2005. Judgment AKM Fazlur Rahman J. - This reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Judge of Druta Bichar Tribunal No. 3, Dhaka for confirmation of sentence of death awarded by him to condemned prisoners, (1) Md. Anwar Hossain ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......d with the CID. CID Inspector AKM Rafiqul Islam took up investigation of the case and after investigation submitted charge sheet against ten accused persons including the convicts, who were put on trial in the Court of Additional Metropolitan Sessions Judge, 1st Court, Dhaka, wherein charge unde..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......tion of the witnesses found that the prosecution had been able to prove the charge as leveled against the accused beyond all reasonable doubts and having found so, convicted and sentenced them, as aforesaid. 4. On appeal the learned Sessions Judge, Madaripur upheld the said judgment and order...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306....... arrested under section 54 of the Code of Criminal Procedure and sent to the Magistrate from where they were enlarged on bail to answer a charge punishable under section 290 of the Penal Code. At the trial the prosecution examined three witnesses including the Investigating Officer while the defence..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......pheld by the appellate Court. 2. The prosecution case, in brief, was that on 5.5.82. P.W.1 Md. Yunnus Ali went to the house of the accused petitioner in the afternoon to fetch Homeopathic medicine for his mother. At that time the accused-petitioner took him to the western room, shut the doors and......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......ent Habibur Rahman Khan J.- This revisional application has been filed against the order of conviction and sentence passed against the accused petitioner under section 377 of the Penal Code by the trial Court and upheld by the appellate Court. 2. The prosecution case, in brief, was that on 5.5..Category: Criminal Law | Date: | Hits: 92
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......1334 of 1989 (Gulshan PS Case No.99(5) of 1989 convicting the petitioner and 2 other co‑accuseds under section 3 of the Explosive Substances Act, 1908 and sentencing to suffer rigorous imprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......orous imprisonment for 1(one) month more. 3. Subsequently the petitioner was arrested on 6‑2‑97 and was produced before the Chief Metropolitan Magistrate. 4. The prosecution case before the trial Court is that, on 15‑5‑89 the accused mentioned in the FIR namely, Mokhles and Miru, assem..Category: Criminal Law | Date: | Hits: 63
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
.... go to the office of the corporation personally and submit his joining report. The petitioner has been suffering since 1982 and he got decree and favourable orders from the Court of Subordinate Judge right upto the Appellate Division of the Supreme Court and it appears that he went there personally ......vil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to wh......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......rmination of his service was illegal and without jurisdiction and he should be re-instead to his former service as Secretary of the BSC with all financial arrear benefits. Against the judgment of the trial Court the defendants preferred an appeal being Title Appeal No.223 of 1989. After hearing the ..Category: Others | Date: | Hits: 142
Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)
.... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......Azizul Hoque, Advocate - For the Petitioner. Not Represented - For the Opposite Party. Civil Revision No. 430 of 1992. Judgment AM Mahmudur Rahman J.- In this Rule simple question calls for determination as to why the impugned order dated 7-1-92 passed by the learned Senior Assistant J...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......egistered through Court duly. Upon obtaining such registration of document the decree holder opposite party put the decree in execution for delivery of possession pursuant to the decree passed by the trial Court. The learned judge of the executing Court after having considered the objection filed by..Category: Civil Law | Date: | Hits: 86
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......rned Magistrate, 1st Class of the then Biswanath Upazila in CR Case No.69 of 1989. 2. The relevant facts are as follows: Md. Selim, an Assistant of Upazila Agriculture office lodged the First Information Report in the above GR case alleging that accused Bashir Kha entered into the Upazila Agri......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......plicated in the case. The learned Magistrate after considering the evidence on record found the accused guilty of the charge. In the appeal, the judgment and order of conviction passed by the learned trial Court was upheld. Being aggrieved, the convict-appellant preferred the present application und..Category: Criminal Law | Date: | Hits: 58
....r and others Vs. Syed Hafeez Moinuddin and others, reported in 35 DLR 39].............................................................(10)
When a pre-emptor is coming to the Court to exercise his right of pre-emption, which is essentially a predatory right, after a long lapse of time, a heavy du......section 96
The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the land within the sight of the pre-emptor for over a decade. [Anil Kumar and others Vs. Syed Hafeez Moinuddin and others, reported in 35 DLR 3......on case fails and the Rule is discharged without any order as to costs.
Send down the LC records, at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193.
......gains on false and frivolous allegations. It was further asserted that the petitioners have no locus standi to file this case and the pre-emption case is hopelessly barred by limitation.
4. At the trial the pre-emptor petitioners examined 3 witnesses and contesting opposite party examined 2 witne..
Category: Property Law | Date: | Hits: 78
....ucceed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further case is that while he has been in rightful possession of the suit property the same has been correctly recorded in his name in the fin......al, predecessor-in-interest of the petitioners as plaintiff, instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as ......me has resulted in error in the impugned decision occasioning failure of justice.
18. It may not be out of place to reiterate that laws relating to enemy properties now vested properties which are fairly well-settled by now by the consistent pronouncements by the highest Court of the country prop...... release of the same from the authority concerned he is estopped from challenging the legality or propriety of the vested property proceedings and, as such, the suit is liable to be dismissed. At the trial the defendant did not appear and contest the suit either by cross-examining the plaintiff’s ..
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
.... Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.228 of 1981 in the 2nd Court o......ated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.22......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......to prove the marriage and the Kabinnama. He based his judgment on the reported decisions of 21 DLR 218 and 34 DLR 221. 7. The plaintiff being aggrieved by and dissatisfied with the judgment of the trial Court preferred Title Appeal before the District Judge, Chandpur which was heard by the Subord..Category: Family Law | Date: | Hits: 185
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....on interested in the waqf" and that expression has been defined in the definition clause. But if we refer to section 35, we find that along with the Mutwalli the other person who has been given the right to challenge the notification made under section 34 is "any person claiming any interest in th......nt of wakf is involved in view of sections 50 and 102 of the Waqf Ordinance, 1962. 2. Since the question has been raised by defendant appellants immediately on the presentation of the plaint and before the filling of the written statement the only facts are the plaint allegations. In view of the ......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249....... of mosque dargah and graveyard. The defendant entered appearance and before filing written statement raised the question of competency of the suit which has been held against him concurrently by the trial court and the High Court in revision. 4. The learned Single Judge of the High Court proceed..Category: Trust/Waqf Law | Date: | Hits: 136
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
.... the High Court Division having considered the materials correctly held that the petitioner was fugitive from law and coming to such conclusion, the High Court Division committed no error of law, but rightly exercised its jurisdiction which calls for no interference by this Division. 15. From the......der dated 07.04.2011 passed by the High Court Division in Criminal Miscellaneous Case Nos.5687, 5688 and 5689 of 2011.) Judgment Md. Mamtazuddin Ahmed J.- The above mentioned Criminal Petitions for leave to appeal have been directed against the judgment and order dated 07.04.2011 passed by the......ingh Bar, as the influential informant parties are also creating pressure upon them and in view of such facts and circumstances and also considering the life of the petitioner being in danger and for fair dispensation of justice by adducing proper evidence filed the Miscellaneous Cases and those cas......rt Division failed to consider that the petitioner comes from Brahmanbaria, but the properties are situated at Valuka, Mymensingh and he being an outsider was facing enormous difficulties to face the trial at Mymensingh. 13. The learned Advocate further contended that the petitioner submitted the..Category: Criminal Law | Date: | Hits: 80
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....celebrated fact and the High Court Division considering the materials and the gravity of the offence legally affirmed the order of the Metropolitan Sessions judge and thereby exercised its discretion rightly and committed no error of law warranting interference by this Division. 17. On perusal or......cted by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Mahbubey Alam, Attorney General, Instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 387 of 2011. (From the order dated 31.07.2011 passed by the High Court Di......ormant as regards misuse of the privileges of bail an enquiry was held by the police in which the informant clearly stated that she was threatened by the accused petitioner and thus she presumed that fair investigation cannot held if the accused petitioner be remained on bail and the witnesses will ......sed petitioner and thus she presumed that fair investigation cannot held if the accused petitioner be remained on bail and the witnesses will be influenced by the accused petitioner as a result, fair trial will be hampered. In view of the facts and circumstances mentioned herein before, we are of th..Category: Criminal Law | Date: | Hits: 68
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....ed in the Khas khatian. The defendants contested the above suit by filing written statement denying the material allegation and contending, inter alia, that 27 decimals of land of CS Dag No.3123 was rightly recorded in the name of Jibonnessa in SA Parcha and the owner of the rest 26 decimals of la......on-Record—For Respondent Nos.1-2 (In Civil Petition No. 1499 of 2007.) Not represented—Respondent Nos.3-6 Not represented—Respondent (In Civil Petition No.1333 of 2007.) Civil Petition for Leave to Appeal Nos.1333, 1498-99 of 2007. Judgment Md. Tafazzul Islam J. - The above Civi......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......efendant Nos.6-7 Shorforaz Uddin and Momtaz Begum on 20-2-1989 vide Case No.39/ 88-89 with effect from 1977 is of no effect and Mahamaya Rani also never paid any rent in respect of the suit land. The trial Court, after hearing, by judgment and decree dated 29-4-1993 dismissed the suit. The Addit..Category: Property Law | Date: | Hits: 76
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
.... Judge turned out the person from the Court room and he felt "that those people were in the Court room either to overcome or to see that she is deposing in the lines desired by them". The trial Court rightly had considered the evidence of the committing Court by transferring it u/s 288 Cr. P.C. ......While Shorhab Sikder was being taken to the Barisal Hospital, he expired. 3. The trial Court convicted all the five accused persons under section 302/34 B.P.C. and sentenced them to transportation for life. On appeal to the High Court, two of the accused were given benefit of doubt and acquitte......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......d P.W.6 came and saw the occurrence. P.W.1 the first wife of Shorhab Sikder lodged the F.I.R. on 21.5.78 at 9 A. M. While Shorhab Sikder was being taken to the Barisal Hospital, he expired. 3. The trial Court convicted all the five accused persons under section 302/34 B.P.C. and sentenced them to..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....e of publication of a notification under sub-section (1) of section 3 no rent-receiver specified in such notification shall, except with the previous permission of a prescribed authority transfer his rights and interests in any estate, taluk or tenure, to which such notification relates, by private ......h Court Division is well founded in law in reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellants' suit for declaration of title and recovery of khas possession. 2. This arises from Title Suit No 201 o......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......e subject-matter of the instant suit. But a Pleader Commissioner, who held a local investigation, submitted a report finding that the lands under both the suits are same and identical. 3. Both the trial Court and the lower Appellate Court concurrently found that the suit land is covered by the de..Category: Property Law | Date: | Hits: 58
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......decessor-in-interest of the respondents filed O.C. Suit No. 220 of 1968 in the Additional Court of Munsif, Kishoreganj, against the appellants, who were defendants No. 28 (Kha) and 28(Kha) and others for declaration that the auction sale of the suit lands held in Money Execution Case No. 233 of 1942......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162........ The appellants then moved this Court for special leave. While granting leave the Court observed; "Mr. M. G. Rabbani, learned Advocate for the petitioners has contended that when it was found by the trial Court that notice of the suit was not served upon the defendants as a result of which the ex p..Category: Property Law | Date: | Hits: 67
68686867686568626861686068506848684768456843684168406837683568336831682868276824