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Displaying 1981-2000 of 6668 results.

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

.... No.2.  Writ Petition No. 4443 of 2008. Judgment Zinat Ara J.- In this application under Article 102 of the Constitution the petitioner called in question the legality of the Order No.6 dated 11-5-2008 passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Jari Case N......ssed in the company matter, and so, the impugned order of issuance warrant of arrest is unlawful. 8. However, at the time of initial hearing when the provision of section 3 of the Ain as well as a decision of this Division was brought to the notice Mr. Kamal-ul-Alam, the learned Advocate for the ..

Category: Civil Law | Date: | Hits: 154

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

....ance from Panchananda. Shashi Mohan Mondal transferred .34 acres of property of plot No.339 in favour of First and Second Plaintiffs and predecessor of Third - Eleventh Plaintiffs by three sale deeds dated 27.8.1975. Shashi Mohan sold out .34 acres of property from plot No.398 of Cadastral Survey Kh......examined himself as P.W.1. Four witnesses stood on witness box from side of Defendants to lend assurance to case put forth by-them. 8. Learned Trial Judge took up all the three Issues together for decision. Learned Trial Judge rendered following decisions: i. Mutation in the year 1977 on the s..

Category: Procedural Law | Date: | Hits: 155

State Vs. Rois Khan and another, 2009, 38 CLC (HCD)

.... 1(kha) of Section 19(1) of the Narcotics Control Act, 1990 and both of them are sentenced to death by the learned Metropolitan Additional Sessions Judge, first Court, Dhaka by his Judgment and order dated 7.7.2005 passed in Metropolitan Sessions Case No.683 of 2003. 2. P.W.2, Md. Amjad Hossain, ......44. The condemned prisoners/appellants are entitled to get benefit of section 35A of the Code of Criminal Procedure in the matter of computing their period of sentence. 45. Before parting with the decision, it is painful to note that how huge quantity of heroin could be smuggled into Bangladesh t..

Category: Criminal Law | Date: | Hits: 112

Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)

....This Rule has been issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party Nos. 1-4, 7-13 to show cause as to why the impugned judgment and decree dated 24-1-2004 (decree signed on 31-1-2004) passed by the Additional District Judge, Bagerhat in Ti......that both the Courts below committed an error of law in passing the impugned judgments in failing to appreciatethe case of the respective parties in its true perspective, resulting in an error in the decision occasioning failure of justice as such, the same are liable to be set aside. He next in the..

Category: Property Law | Date: | Hits: 100

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....te - For the Respondent No.2.  First Appeal No.179 of 2001.  Judgment M. Moazzam Husain J.- This appeal at the instance of the defendant is directed against the judgment and decree dated 30-7-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat No.2 Dhaka, ......from the account. There was no negligence on the part of the defendant in the process of transactions made. He finally submits that there is a criminal case pending over the issue, therefore, pending decision of the criminal case it is difficult to ascertain the exact responsibility and liability of..

Category: Business or Commercial Law | Date: | Hits: 548

Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)

....short, is that complainant is a business­man doing business in Mymensingh who is the owner of New Al Madina Enterprise; that the complainant is selling Poultry feed including fish; that on different dates the accused Md. Atiqullah Pathan (Dhanu) purchased fish feed from the complainant on credit fo......sub­section (c) of section 141 of the Negotiable Instruments Act 2006. Assistant Sessions Judge, 2nd Court. Mymensingh has no jurisdiction to try the case. 20. In this connection we may refer the decisions reported in the case Jahid Faisal Vs. Bangladesh reported in 14 BLC at page 250 where in i..

Category: Criminal Law | Date: | Hits: 84

Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)

....rit Petition No.2822 of 1996. Judgment Md. Mozammel Haque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Public Notification No.21 (95‑96)‑Import dated 24‑1‑96 (Annexure‑A) issued under the signature of Assistant Controller of Imports and E...... of Bangladesh. This is a public notice dated 24‑1‑96. It is stated in the order that in pursuance of the direction of the Ministry dated 31‑12‑94 the Controller of Imports and Exports took a decision vide its order dated 10‑1‑96 and it was published in public notification by this Annexu..

Category: Civil Law | Date: | Hits: 140

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

.... Advocates - For the Respondent.  First Appeal No.42 of 2000. Judgment M Moazzam Husain J.- This appeal at the instance of the defendant No.1 is directed against the judgment and decree dated 24-8-1999 passed by the learned Subordinate Judge 2nd Court, Pirojpur, in Title Suit No.17 of ......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ..

Category: Property Law | Date: | Hits: 107

Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)

....e party.  Civil Revision No.4172 of 2008. Judgment Syed Md. Ziaul Karim J.- Leave was granted at the instance of defendant petitioner to consider whether the impugned judgment and order dated 29-6-2008passed by learned Special District Judge, Court No.1, Rajshahi, rejecting Civil Revis...... of dated 31-1-2006 passed by learned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that on 27-9-2007 plaintiff instit..

Category: Procedural Law | Date: | Hits: 122

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

..... Azizul Haque J.- On an application under Section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the Opposite party Nos. 1-9 to show cause as to why the judgment and decree dated 24-2-1997 passed by the Sub­ordinate (now Joint District Judge), First Court, Rangpur in Othe......etitioner submitted that the lower appellate Court reversed the finding of the trial Court without discussing the evidence on record and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. He further submitted that the learned Assistant Judge, on p..

Category: Civil Law | Date: | Hits: 144

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....the Respondent No.1.  First Miscellaneous Appeal No.141 of 2009. Judgment M. Moazzam Husain J.- This appeal, at the instance of the defendant Nos.1-4, arises out of a judgment and order dated 23-4-2009 passed by the learned Joint District Judge, First Court, Chittagong, in Other Class ......nt of receiver as of routine has consistently been disapproved by our superior Courts more so where members of a joint family are in possession of the same. In support of his contentions he cited the decisions reported in 36 DLR (AD) 97, 48 DLR (AD) 14 and 56 DLR 303. 6. Mr. Nawroz MR Chowdhury, ..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

.... by Mr. Shaukat Ali in Writ Petition No.305/87 and by Mr. Abdul Matin in Writ Petition No. 306/87 under Article 102 of the Constitution the respondents were asked to show cause why the impugned order dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labour Cou...... 46/85 by the Chairman, Labour Court, Khulna should be declared to have been passed without any lawful authority and to be of no legal effect. 1. Since these two rules were issued against the same decision passed by the Labour Court, Khulna they will be disposed of by a single judgment. 2. The..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....6. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the petitioner. Md. Junnur Rahman was issued calling upon the respondents to show cause as to why Administrative Circular No.09/96 dated 18-3-96 (Annexure-1) containing promotion on 9-3-83 to the post of Principal Officer (PO) and ......cial gazette the introduction of the said system cannot be said to be Rules and Regulations passed under article 43 of the BSRS Order 1972.” 5. Learned Advocate for the petitioner submitted that decision of the Appellate Division in the case of Mujibur Rahman Vs. Bangladesh reported in 44 DLR (..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

.... twelfth position in the merit list and was found fit by the Medical Board and was selected for the post of Assistant Superintendent of Police. A copy of the notification giving the names of the candidates who were provisionally selected is annexed and marked as Annexure-A. 3. On 7th October, 199......sified report of the agency and cannot be considered in this writ petition, Respondent No.2, however, claimed to have reconsidered the representation of the petitioner made to it but kept its earlier decision unchanged. The representation of the petitioner to the President dated 5-3-96 was sent to t..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....inul Islam Mamun that some boys of Uttar Kazla kidnapped Rony from the Kazla road but it is apparent from the averment of the F.I.R. that at the time of lodging the F.I.R. at about 11-45 P.M. on that date the informant having heard of the occurrence from P.W.2 Badsha and P.W.4 Rustom Ali gave the na......on has made attempt to establish a got up case by sub­sequent embellishment and that the learned trial Judge without properly appreciating those aspects of the matter, came to an arbitrary erroneous decision convicting and sentencing the appellant Fazlur Rahman @ Badal as above and as such the same..

Category: Criminal Law | Date: | Hits: 98

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....2. On application filed by the second party petitioners and after obtaining a report from the local Municipal Commissioner the Sub-Divisional Magistrate, North, Chittagong drew up proceeding by order dated 04.06.1977 under section 145 Cr.P.C. restraining both the first party opposite parties and the......tency of the learned Assistant Sessions Judge deemed to be an Additional Sessions Judge to hear the revisional applica­tion under section 439A Cr.P.C. The learned Advocate has placed reliance on the decision of Md. Mostafa Mondal Vs. The State reported in 35 DLR 362 decided by a Single Judge of Ran..

Category: Procedural Law | Date: | Hits: 116

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....isable freedom fighters had filed Writ Petition No.2183 of 2004 against stoppage of state honorarium, which the High Court Division declared illegal and without lawful authority by judgment and order dated 7.6.2007. Against the said judgment, the Chairman of the Trust moved Civil Petition for Leave ...... at the previous rate. Their claims are not backed by The Bangladesh (Freedom Fighters) Welfare Foundation Order, 1972 (P. O. 94 of 1972) or Muktijodda Kalyan Trust (Welfare) Regulations, 1984 or any decision of the Trust. Some of the petitioners have been getting honorarium from July, 2003 accordin..

Category: Constitutional Law | Date: | Hits: 237

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....Sarker and Rokeya Begum, maid servant of that house they informed that some unknown persons killed the victim Hanif Sarker. Upon lodging the First Information Report the present Tongi P.S. Case No.26 dated 25.8.2003 under Section 302/34 of the Penal Code was started. 3. The Police after investiga......ate­ments under sections 164 of the Code of Criminal Procedure. The learned Deputy Attorney-General, in apprecia­tion of his above submission as to the use of Police Diary by the Court, has cited a decision in the case of The State Vs. Md. Abdur Rashid reported in 1987 B.L.D. (AD) 73 wherein it ha..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

.... Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why judgment and order dated 5‑7‑1987 passed by the Additional Sessions Judge, Noakhali in Sessions Case No.41 of 1986 ......he case of the prosecution and defence arrives at any finding on consideration of irrelevant matters assigning artificial reasons then those reasons are likely to be manifestly wrong and perverse and decision arrived at on the basis of such reasons may result in failure of justice. 15. In some ca..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....r the Petitioner. Syed Mahmud Hossain, Advocate ‑ For Opposite Parties. Civil Revision No.2250 of 1994. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 31‑3‑94 passed by the learned District Judge, Comilla in Miscellaneous Appeal (pre­emptio...... on record, the learned Court of Appeal below also erred in law in not awarding improvement cost to the petitioner even if pre‑emption is allowed, and the same has resulted in error in the impugned decision occasioning failure of justice. 7. Mr. Syed Mahmud Hossain, the learned Advocate appeari..

Category: Property Law | Date: | Hits: 91