Search Options
Judgment Advanced Search
Displaying 1961-1980 of 5707 results.
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....te Judge, Dhaka and renumbered as Title Suit No.17 of 1992. The defendant No.9 the present petitioner filed a written statement to contest the suit and the other defendants including the Government also filed written statement to contest the same. The plaintiff examined one witness and filed some do......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......ment to contest the same. The plaintiff examined one witness and filed some documents in support of his title but the said defendants did not adduce any evidence. The Trial Court on conclusion of the trial of the suit after hearing both sides decreed the same on contest by the impugned Judgment and ......1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....; that thereafter, the government filed misc. Case No.72 of 1972 and the same was dismissed on contest on 13.2.73; that on the basis of the aforesaid ex parte order the defendant (present petitioner) sought for the correction of the record of rights in her name before the CO (Rev), Sadar Mymensingh ......the ex parte decree under Order 9 rule 13 CPC and unfortunately, the Misc. Case was dismissed for default on 28.2.72 as the then Associate GP could not get any opportunity to appear when the case was called on for hearing. Thereafter Misc. Case No.72/72 was filed on behalf of the Government and the ......as been filed. Mr. Sharifuddin Chaklader, the learned Assistant Attorney‑General appearing on behalf of the government, has submitted that the ground for limitation was not duly agitated before the trial Court or before the appellate Court, and also submits that in the interest of justice the case......t January 15, 1995. Result: The OC Appeal No.125 of 1986 are set aside. The OC Suit No.492 of 1981 is dismissed. Cases Referred to- Md. Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another, 39 DLR (AD) 237 and Bangladesh Vs. Israil Ali and others, 1981 BLD (AD) 371. Lawyer..Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....65 of the Penal Code. 2. The short fact as unfolded for the prosecution is, that on7.6.1994 at about 6-30 PM the accused petitioner along with others kidnapped the victim Gopal Chandra Sutradhar, son of the informant sreekishna Chandra Sutradhar from the path when victim was going to local Nimat......im Pattader and ors Vs. M Rahmat Ali & others, 33 DLR 379 has held as under: "Abetment is an offence by itself and unless it is specifically made punishable in a Special Act a person cannot be called upon to answer a charge of abetment in absence of any special provision in the Special Act me......d threatened that the victim would be killed. On 12.6.94 at night said Gopal Chandra Sutradhar however came back home getting release from the clutch of the accused. 3. The case is now pending for trial in the said Court. Charge has been framed against the petitioner under section 4 of the Anti...... This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
.... of the Will. But they died before obtaining the probate of the Will. The original Will was with Rai Rongini and after her death it was with the other legatee of the Will Sailen Talukder, who was the son of the brother of testator Jogendra. But Sailendra to serve his purpose suppressed the Will and ...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ...... Girindra devolved upon Jitendra Nath Talukder. In view of the aforesaid facts and circumstances the suit is liable to be dismissed. 5. In the light of the conflicting versions of the parties the trial Court framed the following Issues: 1. Is the suit maintainable in law? 2. Is the allege......t Nos. 1(a)-1(c). Appeal From Original Decree No. 34 of 1991. Judgment Syed Amirul Islam J.- This is an appeal under section 299 of the Succession Act by the defendants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administr..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....85 convicting the accused appellants namely, Sahera Khatun and Kawsarun Nessa for the offence punishable under sections 302/34 of the Penal Code and sentencing each of them there under to suffer imprisonment for life. 2. The prosecution case, in short, was that One Abdul Barek of village Golan, P......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......afu Miah. Mr. Shahid Ahmed, the learned Advocate appearing with Mr. Abdul Momen Chowdhury, the learned Advocate for the accused appellants, submits that the Judgment and order of conviction of the trial Court is based on surmises and conjectures and there is no legal testimony to connect the accu......ase is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....ry J Md. Abdul Matin J Jalaluddin Bhuiyan………………..Petitioner Vs. Abdur Rouf and others……….......Respondents Judgment July 2, 1997. Result: The Rule is made absolute. Cases Referred to- Mazharul Haq Vs. Ishaque Sardar, 14 DLR (SC) 251; Nannu Gazi Vs. Aw...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... Officer to submit a final report with respect to an accused if there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to the Magistrate for facing trial. Mr. Huq contends that in view of the statement made by the five Bank officials and the medica......) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....was proceeding towards the office of Upazila Nirbahi Officer i.e. the Returning Officer, they were attacked by about one hundred musclemen and by opposite party Rezaul Karim and that the aforesaid persons snatched away the gunny bags and an empty ballot box and that the ballot boxes with validly cas......l Centre and the Election Commission referred the matter to the Deputy Commissioner for inquiry and report and Deputy Commissioner asked Upazila Nirbahi Officer for enquiry and report who in his turn called for a report from the Presiding Officer and that before receipt of the report the Deputy Comm......he judgment illegally. 14. The lower Appellate Court, on the other hand, considered the facts and circumstances properly and by well-reasoned judgment reversed the judgment and order passed by the trial Court and I do not find any error of law in the impugned judgment of the lower appellate Court......e the Election Tribunal who filed the Election Petition stating, inter alia, that he contested the election of 8, Durgapur Union Parishad under PS Mirsarai, in the election that took place on 22-1-92 and that in the polling station of East Durgapur Primary School he secured 194 votes while the petit..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....uq J Muzaffor Hossain………..…………….Petitioner Vs. Md. Shahidullah and others………….........Opposite Parties Judgment April 21, 1999. Result: The Rule is made absolute. Lawyers Involved: Muhammad Jamiruddin Sircar with Irish Khan and Ms. Halima Ferdous, A......e view that the learned Additional District Judge committed a substantial error of law in recording the impugned order allowing the amendment and the same must be quashed. Interference is, therefore, called for. 20. In the result, the Rule is made absolute, however, without any order as to cost. ......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......CD) (1999) 400...Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....the learned Additional Sessions Judge, Dinajpur, in Session Case No.40 of 1993 convicting all the accused-appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk. 2,000.00 each, in default to suffer rigorous imprisonment ...... Afazuddin or that they have caused his death. 7. He submits that there is no eye-witness who could name or identify any of the accused-appellants. 8. Mr. Wahab Miah, lastly submits that the so-called confessional statement of Ahsan Ali is no confessional statement at all, it is neither inculp......day i.e. 24-6-92 at 12-15 PM Fazlul Huq lodged the First Information Report on the above allegation and the police after investigation submitted charge-sheet on 1-5-93 against 9 persons. 3. At the trial, all the nine charge sheeted accused, were charged under sections 302/34 of the Penal Code. ......e is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....nd Mian (Md.)........................Petitioner Vs. Khodeza Bibi and others……………..........Opposite parties Judgment November 6, 1989. Result: The result the Rule is made absolute. Cases Referred to- Dabindar Singh Vs. Mst. Lachmindar AIR 1930 Lah 985. Lawyers Inv......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......eived a single pie as consideration. 4. The plaintiff-petitioner examined 3 witnesses including himself as P.W.1 and the defendant No.1 examined 4 witnesses including herself as D.W.1. 5. The trial Court has found that the L.T.I s of the defendant No.1 are admitted in the alleged bainapatra ...... sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
.... (Mst.)....…........................Petitioner Vs. Government of Bangladesh and others.....................opposite parties Judgment October 25, 1989. Result: The Rule is made absolute. Lawyers Involved: M.M. Haider Ali, Advocate—For the Petitioner. Fakhrul Islam,......rit of the case it is necessary to decide whether the order was passed by a properly constituted Court and if not it will not be necessary to dispose of other points. 9. The record of the case was called for when the Rule was issued wherefrom it appears that on 10.6.87 the Court was constituted c...... the absentee member been present and gave his decision against the judgment the result would have remained the same and so the word 'shall’ used in the said section has the effect of "may" and the trial of the case by 3 (three) Members is not mandatory but directory. He also gave reply to other...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chaudhury J Fatima Begum (Mst.)....…........................Petitioner Vs. Government of Bangladesh and others.....................opposite parties Judgment October 25, 1989. Result: The R..Category: Labour and Industrial Law | Date: | Hits: 197
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....essid plots of the said two Khatians. While he was owning and possessing the aforesaid lands in assertion of his right and title, he died before the last settlement operation leaving behind his two sons, namely Khadem and Chamoo and his two daughters namely, Joytonnessa and Anwara Bibi as heirs to...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335.......he said three plots. Though defendant No.1 claimed to have paid rent in her name and in her husband's name but no rent receipt could be produced by defendant No.1 and defendant No.20 at the time of trial. 9. Defendant No.10 Khoaj Bibi alias Mukhari contested the suit by filing a written stateme......ed in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....ten objection against temporary injunction. Upon hearing petitioners and the opposite parties, the learned Judge passed the order making the earlier order of ad-interim injunction dated 26.9.1988 absolute by his order dated 23.1.1989. 3. Mr. Azizur Rahman Chowdhury, the learned Advocate appeari......a preliminary point means a point the decision of which is sufficient to dispose of the whole matter without necessity of deciding other points involved in the case. In common phraseology it may be called a "technical knock out". But in the present case, Mr. Azizur Rahman Chowdhury and Mr. J. N De......arned Subordinate Judge, Second Court, Sylhet be directed to dispose of the Title Suit No.147 of 1988 as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 332. ......zizur Rahman Chowdhury with Md. Shamsul Hossain, Advocates—For the Opposite Parties. Civil Revision No. 43 of 1989. Judgment Qazi Shafiuddin J. - This Rule is directed against the judgment and order dated 23.1.1989 passed by the Subordinate Judge, Second Court, Sylhet in Title Suit No.147..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ramik Karmachari Union..................Petitioner Vs. Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton ......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......e Bargaining Agent serving notice on 5.7.1988. 3. Karnafully Paper Mills Sramik Karmachari Union brought a petition before the Labour Court, I.R.O. Case No.43 of 1988 under section 34 of the Industrial Relations Ordinance, 1969 for direction to the Registrar to record the amendment of the consti......Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company Vs. Hawkesford, 37 L.J. 248; Mian S..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....6 dated 11‑8‑1996 for US$ 38,254.50 and the invoice No.1769/96 dated 10‑9‑1996 for an amount of US $36,377.78 in total for US $74,652.28. The supplies of bunkers against those invoices were also duly received and acknowledged by the master and the chief engineer of the vessel. Although the b......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......r mis‑joinder and non joinder of parties? (3) Is this defendant liable for the alleged claim of the plaintiff? (4) Is the plaintiff entitled to any decree against this defendant? 6. At the trial, one Abul Kashem was examined as P.W.1 on behalf of the plaintiff. He deposed in pursuance of ......neering Co. Ltd. Vs. mv Andrea Ursula (1973) 1 QB 265; David Morgan Vs. Steamship "Castlegate" (1893) AC 38, Owner Of "Arild" Vs. Societe Anonyme De Navigation Hovrani 1923 Lloyd's List Law Rep KB 50 and The "Yuta Bondarovskaya (1998) 2 Lloyd's Law Rep 357. Lawyers Involved: Tania Amir Advocat..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
....is against the judgment and decree dated 30-10-1995 passed in Title Appeal No.119 of 1986 by the Additional District Judge, Pabna dismissing the appeal which was taken by the plaintiff. Trial Court also dismissed the suit by his judgment dated 8-3-1986.
2. Plaintiffs suit, in short, is that the s......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470.......tion.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470...
Category: Property Law | Date: | Hits: 130
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he Bhawal Raj Estate, states that for the acquisition no compensation was paid to it. It is 4 further stated that out of the acquired area 13 acres unused land illegally was released in favour of the so-called owner Abdul Khaleque Munshi and others by the DIT contrary to the finding of the High Cour......Bhawal Raj Estate, states that for the acquisition no compensation was paid to it. It is 4 further stated that out of the acquired area 13 acres unused land illegally was released in favour of the so-called owner Abdul Khaleque Munshi and others by the DIT contrary to the finding of the High Court i......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......sion (Special Original Jurisdiction) Present: AMM Rahman J Md. Muzammel Hossain J Bhawal Raj Estate Court of Wards……………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and another…………...Respondents Judgment August 12, 1998. Result: The Rule is disc..Category: Property Law | Date: | Hits: 248
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....………..Petitioners Vs. State, represented by the Deputy Commissioner...….....…….Opposite Party Judgment July 2, 1998. Result: Both the Rules are made absolute in part. Cases Referred to- Ali Akbar Khan Vs. State, 34 DLR 94; Bangladesh Vs. A......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457....... of that revision under section 323 of the Penal Code and petitioner of Criminal Revisions No.4 13 of 1997 was convicted under section 325 of the Penal Code. All the petitioners were acquitted by the trial Court on the ground that there was a long standing enmity between the parties, that the accuse......d. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....ayeed Ahammed J Najabatullah………..........Petitioner Vs. Alokeshi Namasudra and others………………Opposite Parties Judgment March 1, 1998. Result: The Rules are made absolute. Lawyers Involved: SB Barua with Md. Abul Bashar, Advocates- For the Petitioner. Non......as acted against the provision of Order 9 rule 3 of the Code of Civil Procedure. 10. Order 9 rule 3 of the Code of Civil Procedure reads as under “where neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed.” Here in this ca...... executed the deed of agreement or not. 3. Title Appeal 89 of 1975 was preferred by the plaintiff and same was again contested by the defendant. Appellate Court sent back the suit on remand to the trial Court with the finding that the trial Court shall allow the petitioner plaintiff to get the th......lso Reported in: 51 DLR (HCD) (1999) 454...Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....(Ext. Ka) executed on 17-5-82 and registered on the same date in the local Sub-Registrar office Patnitola showing the transfer of 5.27 acres land out of the suit land, deed No.10515 (Ext. Ka(1) and also deed No.10516 Ext. Ka(2) executed on 29-7-92 and registered on commission on the same date showin......praesenti of the property and to confer it upon the donee (z). The adequacy of consideration is not material; but whatever its amount, it must be actually and bona fide paid (a) Such a transaction is called the heba-bil-iaz of India as distinguished from “true” Heba-bil-iwaz dealt with in the no......uit has been filed falsely. 7. Trial Court dismissed the suit finding that the gift was made voluntarily and consideration has been passed and the defendants are in possession. According to the trial Court, the plaintiff herself admitted the transfer and also passing of the exchange, namely co...... hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451...Category: Property Law | Date: | Hits: 103
74047403740274017400739973987397739673947393739173907389738873867383738173807379