Search Options

Judgment Advanced Search

Displaying 1821-1840 of 6668 results.

Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)

.... the end of a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the half term of the tenancy and the tenant is able to stay on for a half term before the date of the determination of the lease period, section 106 is complied with and in fact, more than c......ion 106 of the Trans­fer of Property Act and in such circumstances the requirements of section 106 of the Transfer of Property Act have been more than complied with. I am supported in my view by the decision in the case of Pannalal Biraji Vs. Kalyanmal AIR 1961 MP 232, where it has been observed th..

Category: Property Law | Date: | Hits: 73

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....and the opposite party in order to escape the liability resorted to harass the peti­tioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01,560/30 have been dishonoured payment by the peti­tioner'......y for the goods received against the post-dated cheques. There is also no statement in the petition that the petitioner had money for payment on a sub­sequent date. In this respect we may refer to a decision reported in AIR 1938 (Madras) at page 129. In that case the petitioner was an owner of moto..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11/84 L. S. dated 28-6-84 passed order for withdrawal of the cases and the detenue accordingly was released from......iew of the provision of said section 34 the orders of detention passed under the Special Powers Act cannot be called in question in any Court. The answer to this argument is already given in the said decision of the Privy Council in the case of Secretary of State Vs. Mask & Co. AIR 1940 (PC) 105..

Category: Criminal Law | Date: | Hits: 78

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....M Mahmudur Rahman J.- By this petition under Article 102 of the Constitution the petitioners seek issuance of Rule against the respondents directing them to show cause why Memo No.BD/LC/92‑28/95/43 dated 25‑1‑96 directing them to vacate the case land should not be declared to be illegal and wi......hese lands have not yet been used by the requiring body for the purpose of expansion and development of the old Tejgaon Airport. 3. On 20‑8‑84, the Government of Bangladesh made a major policy decision as contained in Memo No.DA‑71/84/514‑Acqn of the same date issued by the Secretary, Min..

Category: Property Law | Date: | Hits: 67

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

....istant Attorney General with Md. Nur Nabi, Advocate — For the State. Criminal Appeal No. 2442 of 2008. Judgment Md. Azizul Haque J. - This appeal is directed against the judgment and order dated 8-4-2008 passed by the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 convicting ......ed liable under section 106 of the Evidence Act, the prosecution must show that the accused was present in the house when the deceased met her death. In support of his argument he has referred to the decision held in the case of Mokter Hossain Vs. State, 2008 MLR (AD) 186 (relevant p. 188, para 7) w..

Category: Criminal Law | Date: | Hits: 91

Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)

.... No one appears — For the Opposite Parties. Civil Revision No.4733 of 2004. Judgment SM Ziaul Karim J. - This Rule calls in question the legality and propriety of the judgment and order dated 31-5-2004 passed by the learned Additional District Judge, Fourth Court, Comilla, dismissing M......record and given my anxious consideration to his submissions. 8. Now the question calls for consideration, whether the Court of appeal below committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order. 9. On going to the materia..

Category: Procedural Law | Date: | Hits: 133

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....on under Article 102 of the Constitution the petitioner obtained this Rule Nisi calling upon the respondent to show cause as to why the impugned order con­tained in Memo No. Pro: Shaa:-2 83-2000/437 dated 18-8-2009 issued by Respondent No.3 (Annexure-13) should not be declared to have been issued w......e except certain employees of other departments as has been enlisted in the list annexed to the said circular. As such it is stated that the impugned order of transfer is violative of the afore­said decision of the Government and the authority whoever violates such direction is guilty of miscon­du..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... 1973 of 2005 and 4493 of 2005 are identical and they are heard together and disposed of by this Judgment. 2. In Writ Petition No.3210 of 2010 the peti­tioners challenged the Gazette Notification dated 15th October, 1974 in respect of the land of plot Nos.15, 35, 36, 41, 57, 79 and 84, Gazette N......es. The notices under the provisions of the Act were served upon the own­ers and possessors of the said land. Compensation assessment role was duly prepared and the owners received compensation. The decision of acquisition have been published in the official Gazette. The title and possession of the..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

.... Md. Rezaul Islam with Sathika Hossain, Assistant Attorneys General — For the Respondents. Writ Petition No. 2173 of 1995. Judgment Md. Abdur Rashid J. - In the above Rule Nisi an order dated 26-95 (Annexure-Q) issued by the respondent No. 1, Additional Secretary and Member (Appeal and......y effect. 9. Then, ignoring the aforesaid representations and without any authority, the respondent No. 3 issued another letter dated 16-3-91 informing the petitioner that they did not receive any decision from the National Board of Revenue and demanded payment of outstanding business turnover ta..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....f action of a Criminal Case The cause of action of a Criminal Case should be ascertained in it's entirety i.e. from the initiation of the proceeding to its end. For the cause of non mentioning the date of receipt of the legal notice and cause of action in the petition of complaint, the course of ......ions advanced by the learned Counsels, we have gone through the application under section 561A of the Code of Criminal Procedure, petition of complaint, charge, the deposition of complainant (P.W.1), decisions referred by both sides, other materials on record and given our anxious consideration to t..

Category: Criminal Law | Date: | Hits: 103

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

.... respondents. Writ Petition No. 3119 of 2000. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the ex parte judgment and order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chittagong (respondent No.1)......্দেশ দেওয়া গেল। স্বাঃ/= চেয়ারম্যান, ২য় শ্রম আদালত, চট্টগ্রাম। 8. From the above ex parte decision it is apparent that none of the first party-respondents was examined on oath so as to enabl..

Category: Labour and Industrial Law | Date: | Hits: 190

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....rs pasted as to this Court may see fit and proper. 2. Respondent No.2 Dr. Mriganka Ranjan Barua as informant lodged F.I.R. at P.S. Mirsarai on 16.11.76 to the effect that he made G.D. Entry No.138 dated 5-11-76 regarding kidnapping or killing of his brother Putul @ Tarit Kumar Barua. On enquiry t......titions under Article 102 of the suspended Constitution shall abate. Consequently, the Appellate Division passed an order in Criminal Appeal No.13 of 1981 to the following effect: "In view of the decision dated 30.6.82 pronounced by this Court in C.A. No.90 of 1981, this appeal has abated. Writ ..

Category: Criminal Law | Date: | Hits: 103

Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)

.... under section 406 of the Penal Code against accused-respondents. Thereafter there were several adjournments and though the complai­nant was present with the P.Ws. for cross ex­amination on several dates such as on 12.2.82, 15.2.82, 21.4.82 and 1.6.82 jet mostly due to the absence of the accused, ......This Rule is ac­cordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ..

Category: Criminal Law | Date: | Hits: 104

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....nant lodged a written ejahar with Pirgonj police station, Rangpur, implicating the appellants and others in the commission of the offence of murder which gave rise to Pirgonj police station case No.8 dated 14.12.1996 under section 302/34 of the Penal Code. 3. After filing of an ejahar, Pirgonj po......latter does so by placing circumstances which lead to irresistible inference of guilt. The standard of proof required to convict a person on circumstantial evidence is well established by a series of decision of the Supreme Court. According to that standard the circumstances relied upon in support o..

Category: Criminal Law | Date: | Hits: 74

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....11-7-1999 respectively. Thereafter, the petitioner filed Writ Petition No.2949 of 1999 challenging the decision of acquisition under section 5 of the Ordinance as well as the two compensation notices dated 8-7-1999 and 11-7-1999. The Hon'ble High Court Division on 19-1-2000 without issuing a Rule di......dealing with right to protection of law to any person includes juristic person also.………………..(20 & 22) Since it has already been held that the Writ petition is maintainable thus the decision 29 DLR (SC) 185 regarding entitlement of filing of Writ petition by a Shareholder who has n..

Category: Civil Law | Date: | Hits: 170

Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

....According to the Regulations of the Trust the disabled freedom fighters with 1-19% disability were not entitled to any honorarium…………………………(9) A document must be annexed to validate any injury or disability to get remedy. Disabled freedom fighters with 5%disability and enli......e rate of Taka 2004/-for 5% disabled freedom fighters at the relevant time. Whether the respondents would enhance the honorarium/allowance and other financial benefits for them, is a matter of policy decision to be taken by the Government and the Trust. This Court cannot direct them to frame any par..

Category: Civil Law | Date: | Hits: 104

Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)

....nt Md. Rezaul Hasan J.- This rule has been issued at the instance of the accused petitioner calling upon opposite Party to show cause as to why the proceedings of Gulshan Police Station Case No.14 dated 16-4-2006 corresponding to GR Case No.143 of 2006 under section 406/420/109/465/467 of the Pen......ourt below should take legal steps if he receives any protest petition (naraji petition) filed within 30 (thirty) days of receiving the lower Court, otherwise the learned Magistrate should give final decision about to the final report submitted by the police. None of the parties appears to have take..

Category: Criminal Law | Date: | Hits: 124

Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....ment Md. Ashfaqul Islam J.- At the instance of the petitioner Abul Hossain this Rule was issued calling upon the respondents to show cause as to why the adjudication of the Atok Case No.18 of 2001 dated 27-2-2001 arising out of Atok Customs Detention Memo No.091906 dated 26-2-2001 issued by the I......harged with a direction upon the respondents to return the gold bar to the petitioners (Annexure-G). The petitioners of those writ petitions thereafter moved before the Appellate Division against the decisions and obtained leave. The appeals are now pending for hearing before the Appellate Division...

Category: Fiscal/Taxation Law | Date: | Hits: 177

Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....l Islam J.- At instance of the peti­tioner, M/S Shitalakhaya Ice and Cold Storage Pvt. Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order No.9 dated 10-06-2009 passed by the Artha Rin Adalat No.1, Dhaka, in Artha Rin Adalat Case No.32 of 2008 ......itation as per provision of section 46 (1) of the Artha Rin Adalat Ain, 2003 (Annexure-G).The Artha Rin Adalat respondent No.1 by impugned order dated 10-06-2009 rejected the application relying on a decision of this Division holding that provision of section 46 of the Ain, 2003 (hereinafter referre..

Category: Civil Law | Date: | Hits: 108

Enamul Haque Vs. State, 2010, 39 CLC (HCD)

....nder section 561A of the Code of Criminal Procedure (the Code) has been issued at the instance of the 1st party petitioner calling upon opposite parties to show cause as to why the judgment and order dated 16-1-2006 of the Additional Sessions Judge, 1st Court (In Charge), Chittagong in Criminal Revi......e, if he considers the case is one of emergency, to prevent occurrence of immediate breach of peace. An interim order of attachment under the second proviso of section 145(4) of the Code, pending the decision, in a case of emergency can be passed. But, a receiver appointed under section 146 is to be..

Category: Criminal Law | Date: | Hits: 105