Search Options
Judgment Advanced Search
Displaying 341-360 of 3933 results.
Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)
....per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......an Ali J Md. Shamsul Huda J Shamsul Haque Hawlader……………………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents Judgment January 5, 2012. ......ice will be done to the accused-petitioner by the transfer of the case to the Druto Bichar Tribunal. 13. We are of the view that the judgment and order of the High Court Division, being based on proper appreciation of the law and facts, does not call for any interference by this Division. ......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ...... Syed Gulam Shariar…………………………………………..Petitioner Vs. Mohammad Abdul Mannan and others…………………........Respondents Order ......n between the land transferred and the land of the pre-emptors. The learned Counsel has contended that all the courts below have failed to consider and evaluate these evidence and materials properly; the learned Advocate has stated also that in the trial court, at the instance of this pres......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......per previous practice of this Court. 2. On that application, a Rule was issued by this Court about quashment of the proceeding of Special Case No.2 of 1993 pending in the Court of Sessions Judge and Senior Special Judge, Munshiganj, and further proceeding of the case was also stayed. 3. Th...... justice, this Court should formally record an order about stopping the investigation. But in reality the case has already proceeded to the stage of cognizance and framing of charge. So the proper course of action would be to treat the investigation as having been stopped as on 29-6-1989 a......udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Sazzak Hossain alias Sajjad Hossain Vs. State, 2011, 40 CLC (HCD)
.... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ......o.1664 of 2008. Judgment Obaidul Hassan J.- This appeal has been directed at the instance of the appellant under section 10 of the Criminal Law Amendment Act, 1958, challenging the Judgment and order of conviction and sentence dated 16-11-2006 passed by the learned Special Judge (District ......ption Act, 1947 and sentenced him thereunder. Thus the appeal is liable to be disallowed. 10. The only question is whether the learned Judge of the trial Court pronounced the Judgment after proper appreciation of the evidence of the P.Ws. and after proper consideration of the facts and cir...... and be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 113. ..Category: Anti-Corruption Laws | Date: 15 Dec, 2011 | Hits: 116
....te reported in 60 DLR 217 where their lordships have made the following observation:
"Court should normally refrain from giving a prima-facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court an......Anwarul Hoque J
Md. Mozibur Rahman Miah J
Moulana Motiur Rahman Nizami………………….Accused-petitioner
Vs.
Anti-Corruption Commission and another……………………………&...... merit of each case and the previous decision should not be followed where error is likely to be perpetuated and wrong may also be committed. Moreover, on the change of law the decision is also to be properly evaluated in order to implement the existing law in its true perspective……&he......
Let a copy of the Judgment be sent to the learned Special Judge, Court No.2, Dhaka at once for information and necessary action.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 1.
..
Category: Anti-Corruption Laws | Date: 14 Dec, 2011 | Hits: 96
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another……………………………&......ection 5(2) of the Prevention of Corruption Act, 1947, now pending in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid......alafide intention allowing others to misappropriate, or she was involved in the alleged offences in the discharge of her official power as a Public Servant, are factual aspects and subject matters of adjudication by the trial Court with the help of evidence to be adduced by the parties at the time o..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Harabilash Mitra Vs. Biswas & another, 2011, 40 CLC (HCD)
....ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ......Biswas & another………………………Respondent Judgment December 7, 2011. Result: The appeal is allowed-in-part. Relationship between the Nari-o-Shishu Nirjatan Ain, 2000 and the Code of Criminal Procedure, 1898 and the Penal Code, 1860 Since specific provision has be......র অভিপ্রায়ে উক্ত ব্যক্তি বিরুদ্ধে” means the person against whom allegation had been made to cause his injury which found to be false after proper investigation. The said aggrieved person is the only competent person to file a written c......ame to the learned Judges of the Nari-o-Shishu Nirjatan Tribunal for their appraisal. Communicate the Judgment and Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 343. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 70
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. 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) 145. ...... under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (as amended-2003) filed an application for bail under section 498 of the Code of Criminal Procedure where ad interim bail was granted and Rule so was issued calling upon the opposite-party to show cause as to why the accused-petitione......ued calling upon the opposite-party to show cause as to why the accused-petitioner shall not be granted on bail and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as ......the trial. 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) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)
....ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ...... in: 65 DLR (HCD) (2013) 34. ...... and 2 in which petitioner before us filed application under Order I Rule 10 of the Code of civil Procedure for being added a party on the ground that Other Class Suit No.61 of 2008 over the selfsame property has been filed by applicant petitioner against the plaintiff defendant No.1 and 2 of t......ordingly. The learned Judge is directed to proceed with suit in accordance with law. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 34. ..Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4
Shahjahan Vs. State, 2011, 40 CLC (HCD)
....er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ......ation under section 561A of the Code of Criminal Procedure, 1898 filed by the convict-petitioner, a Rule was issued calling upon the State-opposite-party to show cause as to why the impugned Judgment and order dated 11-10-2005 passed by the Special Tribunal No.2, Meherpur in Special Tribunal Case No......Act, 1978 and sentencing him there under to suffer rigorous imprisonment for 10 (ten) years should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follow......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53
Secretary, Ministry of Establishment and others Vs. Amzad Hossain and others, 2011, 40 CLC (AD)
....as Second Class Gazetted Officers as per provision of the Recruitment Rules, 1979 under which they were appointed; we are not inclined to interfere with the impugned judgment and order in order to do complete justice to the writ-petitioners invoking our power under article 104 of the Constitution. W......J SK Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md.Mamtaz Uddin Ahmed J Md. Shamsul Huda J Secretary, Ministry of Establishment and others.........Appellants Vs. Amzad Hossain and others...........................Responden......oners as Second Class gazetted Government Officers as per the Gazette Notification dated 26-10-1979 (Annexure-A) and/or pass such other or further order or orders as your Lordships may deem fit and proper." 3. The case of the writ-petitioner-respondents (hereinafter referred to as the writ-pe......s Gazetted Officers immediately from the date of their appointment as Savings Officers. The appeal is disposed of accordingly. Ed. This Case is also Reported in: 18 BLC (AD) (2013)16. ..Category: Employment/Service Law | Date: 24 Nov, 2011 | Hits: 88
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....le with the innocence of the accused and incapable of explanation on any reasonable hypothesis other than that of the accused's guilt. The chain of evidence furnished by those circumstances must be complete and leave no reasonable ground for a conclusion consistent with accused's innocence. 10.......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………......nect the accused with the death of the murdered man, a jury, or in this country a judge, may find upon circumstantial evidence that he is a murderer. But when the unexplained possession of the stolen property is the only circumstance appearing in the evidence against an accused charged with murder a......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ......rted in: 18 BLC (HCD) (2013) 260. ......le. 16. Mr. Fazlul Hoq the learned Advocate appearing with Mr. MC Chowdhury, submits that the evidence adduced by the plaintiff and the documents produced before the Court if considered in their proper perspective warrant a decree in the suit not in part but as a whole. 17. Elaborating his......l bear their respective costs. Send down the lower Court records with a copy of the judgment to the trial Court forthwith. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 260. ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ........Appellant Vs. State………………………………Respondent Judgment November 21, 2011. Result: The Appeal is allowed. The Arms Act, 1878 (Act No. IX of 1878); ss. 19A and 19(f) Mere knowledge of the accused that the arms or ammunition was lying at the spot pointed......his signature on those as Exhibits-3, 4, 3/1 and 4/1 respectively. He deposed that he recorded the statement of the witnesses under Section 161 of the Code of Criminal procedure and after holding proper investigation had submitted charge-sheet against the accused persons. 27. In his cross-e......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
Joynal Abedin Hazari Vs. State and another, 2011, 40 CLC (HCD)
....e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ......minal Appellate Jurisdiction) Present: Obaidul Hasan J Joynal Abedin Hazari…………………………Appellant Vs. State and another……………………….Respondents ......ited decision admittedly there was no Commission on the date of issuance of the notice, proceeding can only be initiated at the instant of the Commission itself. He further submits that in absence of proper authority to issue the notice the proceeding as a whole was a nullity. He further submit......e may be discharged from his bail bond immediately. Send down the lower Court records with a copy of this Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 58. ..Category: Anti-Corruption Laws | Date: 20 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......erested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witnes......g the deceased and to slaughter him. Hashem did not tell him that the wife of Atiar Rahman witnessed the occurrence having been in his house. He denied the defence suggestion that he without any proper investigation submitted a perfunctory charge-sheet in this case. 23. These are the ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....& others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it has no definite meaning; any attempt to define it would ......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.............hy Act, 1933, (III) licence/NOC to be granted by the MOI for the Ministry's own convenience for performance of its functions of supervision, monitoring and controlling the contents of broadcasting properly and effectively under the Rules of Business and (IV) licence to be granted by the BTRC for......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ...... is also Reported in: ......uction near Lalbagh Fort should not be declared to have been done without lawful authority and of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper.” 2. Averments figured in the petition are summarized below:- The organization Hu......Advocate-For the Petitioner ABM Altaf Hossain, Deputy Attorney General-For the Respondents. Writ Petition No. 9988 of 2010. Judgement AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 05.12.2010 was in following terms: “Let a Rule Nisi be issued callin..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....reject the testimony of a witness, if the testimony is free from doubt. ............. ......(30) The conviction may be given relying on the evidence of a single witness if such evidence is full, complete, self contained and trustworthy. ............ .....(32) Cases Referred to- State ......ase proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an off......of the case but even then P.W.1 was cross-examined by the state defence very exhaustively but there appears no suggestion that there was any family dispute among the Brothers. There appears no ejmali property among them nor there appears any issue of quarrel or disharmony among the accused and other......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
.... In Lata Construction Vs. Dr. Rameshchandra Ramniklal Shah, AIR 2000 SC 380, it was observed "One of the essential requirements of 'novation'; as contemplated by section 62 is that there should be complete substitution of a new contract in place of the old. It is in that situation that the ori......vil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Resp......ide purchaser without notice to the original contract. Similarly, he is not entitled to a decree for specific performance against a person who has acquired right or interest in respect of the same property prior to the contract...............................(15) Whoever claims or has ......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
71316948830379198242787982457960882985388354683088088480856889008567854087748545