Search Options
Judgment Advanced Search
Displaying 1981-2000 of 2232 results.
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ...... decree by a Court to which the decree has been sent for execution in order to enable the judgment-debtor to obtain the necessary order of stay of execution or any other order relating thereto from the Court which passed the decree or the Court having appellate jurisdiction in respect o...... for the said purpose. 13. It is no doubt correct that when Court wants to stay the proceeding in executing of a decree, the validity of which is under investigation in an independent suit instituted in a court of co-ordinate jurisdiction, it can do so only by res...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....essional statements of the co-accused affecting himself and some others who were tried jointly might be taken into consideration for convicting those others if the confessional statements received corroboration from some other evidence. It was thus urged that it was not necessary that the other ......or the Respondents. A. T. M. Kamrul Islam, Advocate, Supreme Court—U/o. XXIII, Rule 1, Supreme Court Rules. Criminal Appeal No 18-D of 1970. (On appeal from the judgment and order of the erstwhile High Court of East Pakistan Dacca, dated the 4th and 6...... the confessional statements of the co-accused implicating the respondents were no evidence against them and that they may be taken into consideration only for the purpose of lending support to any independent evidence which by itself should be sufficient to sustain their conviction. The impugned......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......f possession of the auction purchased property was taken by Respondent No. 1 in due course on the 18th September, 1960. 3. On the 8th September, 1964 i.e., after more than 4 years from the sale the petitioners who are four in number, claiming themselves to be share-holders of the......rt would be rendered nugatory and of no avail. The interim Receiver's right to file the application therefore arises by virtue of the order of the insolvency court and not by virtue alone of any independent right of his." 26. The same view as to the locus stand of a simple creditor of a debt......o the share-holders by way of dividends. The ratio of this decision is that the income of the company and the dividend income of the share-holders of the said company are derived from the identical source, namely, agriculture and as such the shareholders incomes as well as agricultural income ar..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......deed of exchange was executed and registered is a forged document. Respondents No. 4 to, 10 have been made defendants in the suit as they are alleged to be the subsequent purchasers from Respondents No. 1 and 2 and claim interest in the properties in the suit. The suit has been co......h India, which has since been divided into three states, namely, India, Pakistan and Bangladesh, having almost the same legal system as contained in the Code of Civil Procedure. They are certainly independent sovereign states having distinct international personalities, but all of them having th......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......oceeding appears to illustrate the adage that the trouble of a decree-holder begins with the passing of the decree in his favour. 2. Respondents secured a decree on 19-4-67 in a suit for ejectment from the premises suit against the petitioner as a monthly tenant in respect of the said premises an...... by reference to some case law and the English principle relating to a statutory tenant. 6. The basic contention of the learned Counsel that the petitioner's tenancy consisted merely of the huts independently of the land on which the said huts stood appears to be based on some misconception. As......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ...... the Bengal Municipal Act, 1932 of the Assam Municipal Act, 1932 and such other areas in East Pakistan as may be notified in the Official Gazette and shall be deemed to have come in these areas from the first day of April, 1957. (3) The Provincial Government may by notification in ......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ...... in the preamble as the area of proposed taxation may be taken to have been significant in the sense that in the opinion of the Legislature the lands and buildings in urban areas could be fruitful sources of taxation for the purpose of increasing the revenue receipts of the Government. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ....... Huq, Advocate-on-Record—For the Appellant. M. H. Khondker, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No. 9 of 1970. (On appeal from the judgment and order dated 4-12-74 of the High Court Division passed in Petition No. 6 of 197......s for new towns whose purposes are local but which in many respects are similar corporations. "National corporations are public service corporations and carry on their undertakings as responsible independent corporations, not as part of any department of State. They may, however, be concerned ......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......bsp; Md. Ruhul Amin J.- This is an application for leave to appeal from jail by the condemned prisoner whose sentence of death that was awarded by the learned Additio......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......; Judgment August 8 2001. The Penal Code, 1860 (XLV of 1860), Section 304 When there is no evidence from the prosecution side that the accused had the knowledge of the frail condition of the victim ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......Army as Gentlemen Cadet and on completion of his training got regular commission in September, 1965 in the Pakistan Army and came back to Bangladesh in 1973 with the rank of Major. He then retired from the army and was appointed Manager. Tangail Cotton Mills, Chittagong by order dated 9-8-1974 ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......stituted Title Suit No. 3 of 1988 for setting aside the ex parte decree passed in title Suit No. 21 of1968 by the learned Additional Munsif, Dhaka granting permanent injunction and restraining him from disturbing peaceful possession of the plaintiff of that suit by entering in Plot Nos. 329 and ......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......r and that for the sake of joint account defendant No. 1 Latifa Akhter did not own the money alone after the death of her husband and that defendant No. 1 Latifa Akhter wanted to withdraw the money from the bank with an ill motive to deprive the plaintiffs and that if defendant Nos. 2 and 3 paid ......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......harging the Rule in Writ Petition No. 5002 of 1997 against the retirement order issued by Administrative Division of Bapex, a Subsidiary Company of Petro Bangla by Memo dated 15-5-1996 retiring him from service with effect from 20-4-1993 when he attained the age of 57 years and adjusted salary a......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......nected Rule being Civil Rule No.483 (FM) of 2000 and vacating the order of stay earlier granted and also directed the trial Court to dispose of the suit expeditiously preferably within three months from the date of receipt of the copy of the judgment. 2. The short fact leadi......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......-93. 2. The prosecution case, as can be gathered of the evidence of the PWs, was that on 16-4-90 at the time of Zohr prayer victim Asia returned to her house after taking bath from a tank when the two accused petitioner, asked whose sari she was wearing. She replied that the......ck, no injury was found on the dead body. Third ground was that the prosecution adduced only two alleged eye witnesses PW 4 and PW 5 who were close relations of the deceased and did not adduce any independent disinterested witness although it was possible for the prosecution to examine such witn......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......here cannot be three separate cases out of a single transaction and that the petitioners cannot be put on trial in three separate cases arising out of one transaction also is of no substance since from the materials on record it’ is seen they have been put on trial for the alleged commissi......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ......ficate in favour of his heirs mother Mossammat Sharifan Bibi and two full brothers Md. Zafar Mia and Md. Zakir Mia. The heirs of Md. Shamsuddin received the balance consideration of Taka 10,000.00 from the said purchaser Sayeda Reba Habib and they executed and registered a sale deed in her favou....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ....... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ..Category: Property Law | Date: | Hits: 57
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ...... The Union Parishad (Election) Rules, 1983, Rules 39(4) Where the contesting candidates or their agents are not present the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the st......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)
....ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ...... of 1998 arising out of an application under Order 9 rule 13 of the Code of Civil Procedure for restoration of Small Causes Court Suit for eviction of the tenant. 2. It appears from the judgment of the learned Single Judge of the High Court Division that the Misc. case was f......ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ......ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ..Category: Property Law | Date: | Hits: 51
Hefazetur Rahman Vs. Kazi Anowar Hossain and others, 2001, 30 CLC (AD)
....a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ......t and order dated 18-8-1999 passed by the High Court Division in Writ Petition No. 1381 of 1997 making the Rule absolute and thereby declaring that the eviction on 30-10-1995 of the writ petitioner from the ground floor of 11 Bangabandhu Avenue, Dhaka with the help of police force requisitioned u......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ......a situation we find no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 89. ..Category: Constitutional Law | Date: | Hits: 141
935932923921919911909903902901899898895894893892891890888887