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Displaying 1941-1960 of 6668 results.
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....Appeal No.17 of 2004 With Civil Rule No.17(F) of 2004. Judgment Md. Arayes Uddin J.- This appeal at the instance of the defendant has been preferred against the judgment and decree dated 25.10.03 and 01.11.03 respectively passed by the Joint District Judge, First Court, Chittagong......ason and these must be rejected. Point for determination: The only point for determination in the appeal is whether the learned trial Court was justified in decreeing the suit. Findings and decision: 6. We have heard the learned Advocate of the contending parties at length and perused t..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
....al Revision No.595 of 2009. Judgment Naima Haider J.- This Criminal Revision under section 439 read with section 435 of the Code of Criminal Procedure is directed against the Judgment and order dated 01.12.2008 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.37 of 2008 a...... any rate the offence in question does not fall under section 326 but may, at the most, come under section 324 of the Penal Code. In support of such submissions the learned Advocate has relied upon a decision of Mauns Po Yi Vs. Ma E Tin and another reported in 24 AIR 1937 Rangoon 253. In that case, ..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....isi was issued calling upon the Respondents to show cause as to (i) why the impugned enquiry under section 44 of the Jahangirnagar University Act, 1973 (in short, the Act) and in particular the order dated 13.9.2008 of the Syndicate (Annexure-G) shall not be declared to have been made without lawful......A person cannot be a Chairman of the enquiry committee and the ex-officio Chairman of the Syndicate which has the power to impose punishment. If such acts are done, the entire enquiry process and the decision of the Syndicate are perverse and cannot be sustained...................(37) In domestic..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....r Amin, Advocates - For the Petitioner. None appears - For Opposite Party. Civil Revision No.864 of 2004. Judgment M Moazzam Husain J.- This Rule is directed against the order dated 15-11-2003 passed by the learned District Judge, Tangail, in Miscellaneous Case No.51 of 2003 ......¦â€¦(13) When a question of law as important as one relatable to the question of jurisdiction is raised there is no scope for sidestepping the same, even if the motive of the party is bad. Since a decision of the superior Court as well as particular provisions of law were referred to District Jud..Category: Property Law | Date: | Hits: 127
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
....ad with Roynagar Municipal Road. The suit pathway is a curved pathway on the south and east of the plot No.10316 which is plaintiffs homestead and also the plot No.10319. Kumar Gourish sold by kabala dated 3.7.67 to defendant No.5 Abdul JaÂlil .25 decimal of land out of plot Nos.10316 and 10319. Pl......ssity holding that the plaintiff or his vendors could not have any right of easement by user or preÂscription. The learned trial Court refused the prayer for injunction. 6. Being aggrieved by the decision of the trial Court, the defendants preferred an appeal. The learned Subordinate Judge who h..Category: Civil Law | Date: | Hits: 189
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....ccused persons which was voluntarily withdrawn by the complaint himÂself, on the basis of an amicable compromise; and as such, the accused-petitioners were given acquittal in that case vide an order dated 17-1-2007 and the said order of acquittal being still in force, this 2nd complaint on the self......cluded from the preview of section 403, while acquittal is not. 15. In the case of Dewan Obaidur Rahman Vs. State reported in 19 BLD (AD) 128, their Lordships of the Appellate Division has given a decision in the following manner: "The language of section 247 of the Code having clearly empower..Category: Procedural Law | Date: | Hits: 108
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....arties. Civil Revision Case No.4802 of 1999. Judgment AFM Ali Asgar J.- This rule was issued calling upon the defendant opposite party Nos.1-4 to show cause as to shy the impugned judgment dated 10-6-1999 and decree dated 20-6-1999 passed by the learned Additional District and Sessions Ju......ellate Judge did not properly discuss and evaluate the evidences on record in its entirety and correct perspective thus the learned appellate Judge failed in his duty and arrived at wrong finding and decision leading to error in the decision occasioning failure of justice. As such the same is not su..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....ew the fact that she has been supporting a child in the same household. In either case, the claim is subject to article 120 of the First Schedule to the Limitation Act, 1908 i.e. 6 years prior to the date filing of the Family Suit……………………(50 & 52) Cases Referred to- Jamila ......he period of 6(six) years prior to the filÂing of the suit and also for the period thereafter, and entitlement of the mother to deferred dower. 2. The trial Court and the appellate Court recorded decisions in agreement on some of the issues and with difference or contradiction on othÂers. 3...Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....on of the petitioner Nur Mohammad and another under Section 115(1) of the Code of Civil Procedure the Rule was issued calling upon the opposite parties to show cause as to why the Judgment and decree dated 9-9-1997 passed by the Subordinate Judge (now Joint District Judge), First Court, Chandpur in ......nal Jurisdiction. In the instant case both the Courts concurrently found that the plaintiff successÂfully proved his case the said finding cannot be interfere with. This proposition supported by the decision of the case of Shambhu Nath Poddar Vs. Bangladesh Railway reported in 43 DLR (AD) 83. 14..Category: Property Law | Date: | Hits: 134
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
.... enforcing the fundamental rights……………………….(23) Where a detention order was made, the authority making the order shall, as soon as may be but not later than fifteen days from the date of detention, communicate to the person the grounds on which the order has been made to enable ......es of the case in point, the constitution of the tribunal and the rules under which it functions…………(28) Whenever any person or an authority is empowered by law to take an action or make a decision, which may operate to the prejudice of another person, such person or authority is under an..Category: Criminal Law | Date: | Hits: 114
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....on 115(1) of the Code of Civil Procedure at the instance of one Momtaz Uddin defendant No.2 respondent-petitioner calling upon plaintiff-appellant-opposite party No.1 to show cause as to why judgment dated 27.4.2002 by Additional District Judge 1st Court Noagaon allowing T.A. No.154/97 setting aside......ned Advocate argues that learned Appellate Court observed above anomoly and sent the case on remand to the trial Court for further additional evidence in above regard for proper and appropriate legal decision. Learned Advocate argues that learned Appellate Court could have itself arranged for furthe..Category: Procedural Law | Date: | Hits: 118
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....ous Case No. 14943 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application under section 561A of the Criminal Procedure Code is directed against the judgment and order dated 10.07.2008 passed by the Additional Sessions Judge and Special Tribunal Judge, Natore in Speci......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Md. Abdul Mazid Miah Vs. Sree Shuvendu Sekhor, 2010,39 CLC (HCD)
....party no.1. Civil Revision No. 1070 of 2008. Judgment Syed Md. Ziaul Rahim J.- Leave was granted at the instance of pre-emptee petitioner to consider, whether the impugned judgment and order dated 17.07.2007 passed by learned Special District Judge, Pabna rejecting Civil Revision No.50 of 2......Senior Assistant Judge, Faridpur, Pabna allowing an application to re-call P.W.1 to prove some documents in pre-emption Misc. case No.19 of 1993 suffers from an error of law resulting in an erroneous decision occasioning failure of justice. 2. Material facts are that the opposite party as pre-emp..Category: Procedural Law | Date: | Hits: 163
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....able Instruments Act, 1881 (Act No. XXVI of 1881) The cause of action for filing of a case under section 138 of the Negotiable Instruments Act arises after expiry of the period of 15 days from the date of receipt of the notice sent under section 138 (b) of the said Act and consequent upon failure......spective of the fact whether notice under section 138(b) of the Act was sent to the drawer after the cheque was bounced for the first and second time and in support of his contention he has cited the decision of another Division Bench of this court reported in 55 DLR 199 which has been affirmed by t..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
.................Respondent Judgment January 16, 2002. Result: The Appeal is dismissed. If a bank pays on a cheque which does not contain the customer's signature, the bank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's l......bject only to the defences of estoppel, adoption or ratification. The obstinacy of the legal position in this respect can be succinctly portrayed by reproducing some passages from the Privy Council's decision in the case of Tai Hing Cotton Mills Ltd. Vs. Liuchong Bank Ltd. (1985 2 All ER 947), in wh..Category: Criminal Law | Date: | Hits: 130
....p of the company was filed at the instance of the shareÂholders under section 241 read with section 245 of the Act for winding up of the company which was allowed by this Court by judgment and order dated 24-6-2009.
2. Mr. AKM Badrudduza, Advocate of Supreme Court of Bangladesh was appointed as ......unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
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Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....th Air Parabad Ltd. to take rent of four cargo Biman of Six months that the Air link paid Taka 83,00,000 (Taka eighty three lakhs) only to the Air Parabad as rent. The complainant did not mention the date of agreement and date of payment. He further submits that the case is under section 138 of the ......ceeding cannot be quashed. 28. We receive support of the above view in the case of Abdul Alim Vs. Biswajit Dey as reported in 59 DLR 236. 29. In this connection we may also profitable refer the decision in the case of Ali Akkas Vs. Enayet Hossain reported in 27 BLD(AD) 44 wherein their Lordshi..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....ention was also extended by this order for a period of 90 days with effect from 30.2.89. The month of February expired on 28.2.89 and as such, the order of extension was given effect from an abÂsurd date. Since it cannot be ascertained from which date the detention of the detenu was extended for 90......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
.... with Omar Farook, AdvoÂcates—For the Opposite Party No.1. Criminal Revision No.4 of 1987. Judgment AM Mahmudur RahÂman J.- The petitioner has obtained this Rule against an order dated 19.11.1986 passed by the learned SesÂsions Judge, Cox's Bazar in Criminal Appeal No.48, of 19......d person absconds or fails to appear, the procedure as laid down in sub-section (1) shall not apply and the Court competent to try such person for the offence complained of shall, after recording its decision so to do, try such person in his absence." 6. Mr. Abu Bakar Siddiqui also placed relianc..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....pondent. Criminal Appeal No.1670 of 2002. Judgment Syed Mohammad Ziaul Karim J.- This appeal at the instance of convict appellant Md. Sayem Islam, is directed against the Judgment and order dated 22-05-2002 passed by Metropolitan Special Tribunal No.11, Dhaka in Metropolitan Special Tribun......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..Category: Criminal Law | Date: | Hits: 103
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