Search Options
Judgment Advanced Search
Displaying 3781-3800 of 6668 results.
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
.... Revision No. 2472 of 1994. Judgment Md Imman Ali J.-In this revisional application under section 115(1) of the Code of Civil Procedure, the petitioner challenges the judgment and order No. 19 dated 1‑6‑1994 passed by the Senior Assistant Judge, Nesarabad, Pirojpur in Title Suit No. 2 of ......cidental slip or omission may at any time be corrected. (emphasis added) Hence the rejection of the plaint on the ground of limitation cannot be sustained. In this regard reference may be made to the decision in the case of Chaganty Katamraju Vs. Madavarappu Paripurnanandain reported in AIR 1949 (Ma..Category: Property Law | Date: | Hits: 61
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
.... 1999 arising out of the same Judgment have been perused together and are being disposed of by this single judgment. 2. Both the appeals mentioned above are directed against the judgment and order dated 23‑9‑1998 passed by Assistant Sessions Judge, 1st Court, Chittagong in Sessions case No. 1......Judge. 13. Now let us see whether the prosecution has succeeded in proving the allegation levelled against the accused appellant and whether the learned trial judge committed any illegality in his decision convicting the said appellant. 14. To prove the charge, the prosecution has examined 12 ..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....n an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the Deputy Commissioner, Jhalakathi and opposite party No.2 Samir to show cause as to why Order dated 20‑4‑2000 so far as it relates to discharge of accused opposite party No. 2 Samir and fram......tate is presumed to be the aggrieved/affected party and that this application at the instance of the informant is, therefore, not maintainable. In this connection the learned Advocate referred to the decision in the case of Kanhaiya Vs. Kashi Nath Tewari and others, reported in 1979 Criminal Law Jou..Category: Criminal Law | Date: | Hits: 82
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....a Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the judgment and order dated 30‑11‑2000 passed by the learned Sessions Judge, Mymensingh in Criminal Appeal No. 23/2000......of fact and evaluation of evidence on record are not within the scope of the present forum and the case may be sent on remand to the appellate Court giving opportunity to the party to make conclusive decision in the matter. 8. On hearing the submission of the learned Advocates and on going throug..Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....ailed to repay the amount of loan on repeated reminders. The total amount of loan payable by the accused is Taka 13,51,535.98 and for repayment of part of the said loan the accused issued two cheques dated 30‑9‑1999 and 3‑2‑2000. The bank authority produced those cheques for encashment on 5â......affidavit, submits that duly authorised attorney of the Bank can always file the petition of complaint on behalf of the Bank which has become a settled principle of law. In this connection he cited a decision reported in 11 BLT (AD) 149 (Hasibul Bahar Vs. Gulzar Rahnian and another). He further subm..Category: Banking Law | Date: | Hits: 237
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....ccused petitioner Loskoar Mohammed Mostan Billah upon an application under section 439 of the Code of Criminal Procedure calling upon the Deputy Commissioner, Khulna to show cause as to why the order dated 22Â10‑2001 passed by the learned Additional Sessions Judge, 4th Court, Khulna and Special J......s requirement under section 494 of the Code of Criminal Procedure is not necessary for withdrawal of a case before a Special Judge under the Act. In support of this submission, he has referred to the decision in the case of Tashinuddin Talukder Vs. State 25 DLR 174. The next emphatic submission made..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....e, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Jamai and LM Liaquat Ali Lasker, pursuant to the judgment and order of conviction dated 31‑1‑2001 in Sessions Case No. 43 of 2000. Besides jail appeals, the condemned prisoners a...... statement and in that view of the matter, the learned Additional Sessions Judge has committed error of law in treating PW 2 as an approver in the case. In support of his contention he has cited some decisions. 24. Before considering the points canvassed by the learned Counsel for the condemned p..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....mprisonment for six (6) months more. Accused Alam, Dhalu, Farid, Zamal and Abdul Jabbar Kha were found not guilty of the charge and they were acquitted thereof. Judgment of conviction and sentence is dated 31‑7‑2001. 33. Learned Additional Sessions Judge in awarding conviction and imposing se......ails of death is foreign to the ambit and scope of proceeding under section 174 of The Code of Criminal Procedure. 39. Before adverting to the authorities placed it is profitable to observe that a decision is only an authority for what it actually decides. Every Judgment must be read as applicabl..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....ires of Articles 133 and 136 of the Constitution of the People's Republic of Bangladesh and, as such, illegal and without lawful authority and why the impugned order No. 7(2) Shu: Va: ProÂ3/2000/613 dated 20‑8‑2000 as corrected by order dated 28‑8‑2000 collectively marked as Annexure‑E to......wered to give any relief to the petitioner though apparently it seems to be a case of the Terms and Conditions of the service of the petitioner. In this respect the learned Advocate has relied on the decision of the case of Muftbur Rahman Vs. Government of Bangladesh reported in 44 DLR (AD) 111; Jun..Category: Employment/Service Law | Date: | Hits: 116
Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)
....ocate, instructed Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 383 of 2009. (From the judgment and order dated 28.7.2008 passed by the High Court Division in Civil Revision No. 3570 of 2000.) Judgment ......d Counsel further contended that as the High Court Division did not enter into the merit of the matter, ends of justice demands that the matter should be remanded to the High Court Division for fresh decision. 5. We have perused the judgments of the Courts below and that of the High Court Divisi..Category: Property Law | Date: | Hits: 48
Ocean Containers Ltd. Vs. Government of BanglaÂdesh and others, 2002, 31 CLC (HCD)
.... No. 5588 of 2000. Judgment Md. Joynul Abedin J.-This Rule under Article 102(2)(a) of the Constitution was issue d calling upon the respondents to show cause as to why the impugned notification dated 2‑12‑1999 vide SRO No. 354‑Law/99, Annexure‑D to the writ petition, recognising the pe......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....law's house she as plaintiff instituted Other Class Suit No. 99 of 2001 against the petitioner and other members of the family before Assistant Judge, Second Court, Chittagong challenging Kabin Nama dated 27‑3‑2001 and her signature appearing thereon. The petitioner also filed a suit being Fami......ut it cannot be an insurmountable obstacle in the way of rectifying an order which tends to disclose miscarriage of justice. It was further held: Relevant considerations governing the court’s decision in granting anticipatory bail under section 438 are materially different from those when an..Category: Criminal Law | Date: | Hits: 79
....cate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 934 of 2008.
(From the judgment and order dated 27.11.2007 passed by the High Court Division in Writ Petition No. 6916 of 1997.)
Judgment
......tioner rejected the prayer for release by the impugned judgment and order dated 07.09.1997 and hence the writ petition.
4. The High Court Division discharged the Rule observing that in view of the decision of the Appellate Division in the case of Rawshan Ara Begum Vs. Secretary, Ministry of Works..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....agent submitted 4 separate Bills of Entry for 300 metric tons, 500 metric tons, 500 metric tons and 500 metric tons under Bill of Entry receiving numbers being 483, 484, 485 and 486 respectively, all dated 2-1-95 for the assessment for the Customs Duty on the basis of C&F value. But the Customs ......dence Act. And to find support to his contention he has referred to the case of Mustafa Kamal Vs. Commissioner of Customs reported in 52 DLR (AD) 1. More specifically he refers to paragraph 18 of the decision. Paragraph 17 reads as follows: “17. Having heard both sides in extenso we are of t..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....essions Judge, though found that learned Magistrate illegally drew up proceeding, upon an erroneous view he did not interfere with the order of the learned Magistrate. 3. We have perused the order dated 22-9-86 by which order, the learned Magistrate took cognizance against the petitioner and othe...... the petitioner before them because there is finality of the order in respect of him. If a litigant who moves the Sessions Judge under section 439 A, or if the Sessions Judge makes a final order, the decision of the Sessions Judge thereon in relation to the petitioner is final in view of sub-section..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....se two applications on the ground that they are not liable to any assessment as the assessee is a charitable trust which is exempted from any taxation. The Tribunal on hearing both the sides by order dated 10-7-1995 accepted the contention of the assessee and allowed the applications and set aside t......the case of the Revenue before the Joint Commissioner of Taxes or before the Appellate Tribunal and when it has been admitted that the respondent was established for charitable purposes following the decision given in the aforesaid reference applications by this Court we hold that the Tribunal has n..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....n appears to be out of time by 399 days. The explanation for delay is that the petitioner wrongly filed Miscellaneous Appeal No. 80 of 1994 before the District Judge, Dhaka against the impugned order dated 28-3-94. The petitioner invoked the application of section 14 of the Limitation Act due to pro......stant Judge erred in law in passing the impugned order holding that the issues involved in the two suits are not directly and substantially the same and the same has resulted in error in the impugned decision occasioning failure of justice. Mr. Islam further submits that the learned Assistant Judge ..Category: Property Law | Date: | Hits: 57
....-ul Huq with Zafarullah Chowdhury, Advocate — For the Petitioner.
Not Represented —the Respondents.
Writ Petition No. 1879 of 1993.
Judgment
Qazi Shafiuddin J.- In this Rule the memo dated 22-9-93 issued by the respondent No. 3 District and Sessions Judge, Dhaka according permission......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....ddin Chaklader, Advocate — For Respondent Nos. 7 and 9. First Appeal No. 366 of 1995. Judgment Md. Joynul Abedin J. - This first appeal is directed against the impugned judgment and decree dated 12-8-95 passed by the Subordinate Judge, 3rd Court Dhaka in Title Suit No. 171 of 1988 declari......ing that the plaintiff Khairunnessa was entitled to inherit the leasehold right in the said shop as it now well settled by the Appellate Division in the case reported in 44 DLR (AD) 1 over ruling the decision reported in 32 DLR (AD) 170 that monthly tenancy is heritable. 19. In this background of..Category: Property Law | Date: | Hits: 116
....
Judgment
Md. Fazlul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. 434 (9)/WDB/Discipline/See-3/Complaint (ka)20/93 dated 5-12-95 (Annexure-N) Memo No.192/WDB/Discipline/Sec-Complaint (ka) 20/95 dated 28-5-97 (Annexu...... any reason as to why they differed with findings and recommendations made by the Enquiry Officer. Mr. Md. Nawab Ali the learned Advocate appearing on behalf of the petitioner, has placed before us a decision of Mir Alauddin Ahmed Vs. Province of East Pakistan reported in 26 DLR 27 wherein it has be..
Category: Employment/Service Law | Date: | Hits: 72
45244523452245204519451845174516451545124510450945084507450645054504450345024501