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Displaying 1981-2000 of 2456 results.
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......been gross misconduct. 17. For that the Hon'ble Court below failed to appreciate that the scheme of the Constitution as to the removal of a judge of the Supreme Court is sui generis in nature, inasmuch that it does not require an adjudication of fats in the nature of a civil or crimi..Category: Others | Date: | Hits: 97
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ng the petitioner. 62. He advanced grievance of failure of the investigating agency to search the PO (place of occurrence) of the alleged conspiracy and submits that in the meeting of such a grave nature conspiring to kill the Judges, it is not believable that the two outsiders i.e. P.Ws 2 and 12..Category: Criminal Law | Date: | Hits: 213
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ustody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......njury measuring (a) 1-1/4' x 1-1/2" X 6" each; (b) 1" x 1/2" X skin. The doctor opined that death was due to shock and haeÂmorrhage as a result of the injuries which are ante-mortem and homicidal in nature. In cross-examination the doctor found semi-digested food in the stomach. The medical evidenc..Category: Criminal Law | Date: | Hits: 117
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......he High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......discretion of the court. In the instant case, the learned Judges of the High Court Division are found to have given due consideration to the question as to balance of convenience and inconvenÂience, nature of the decree and submissions made on behalf of both the parties and took the view that the e..Category: Civil Law | Date: | Hits: 117
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......ntesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......lah Chowdhury and Tofazzal Hossain who are parties to the kabala, Ext.1 but the Ext.3 reveals the conduct of the heirs of Tofazzal Hossain after his death and that it is also not known what was the nature of the ex-parte rent decree, that discrepancies in the body of the kabala and the sched..Category: Property Law | Date: | Hits: 67
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......llant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......icial communication was addressed to the appellant informing him of the release of the suit building in favour of the plaintiff-respondent. In such a special situation, which is unique in nature, we find that the appellant had sent 3 months' rent by postal money order to the plaintiff o..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......late Court as regard the docÂuments particularly Ext.1 and Exts.2-2(b) On our scrutiny of the documents we are of the view the lower appellate Court was quite correct in making the finding about the nature and character of the said documents. The High Court Division was in error in setÂting aside ..Category: Property Law | Date: | Hits: 42
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ...... ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......action. Respondent No.1 had no knowlÂedge of the issuance of the cheques or about the characteristics of those cheques as mentioned of the petition. Since those transactions appear to be of personal nature and the proceeds of those cheques did not come into the account of respondent No.1 and hence ..Category: Banking Law | Date: | Hits: 185
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......e and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......e the High Court's inherent jurisdiction and contend that on reasonable appreciation of the evidence the accusation made against the accused would not be sustained. Broadly speaking that is the nature and scope of the inherent jurisdiction of the High Court under Section 561A in the matter o..Category: Criminal Law | Date: | Hits: 55
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......e stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ...... the consignments aforesaid should not be forfeited for violation of sections 16 and 32 of the Act and section 3(1) of the Import and Export (Control) Act, 1950 for misdeclaration of price and nature of goods, as on physical verification the same were found to have contained 60% secondary q..Category: Fiscal/Taxation Law | Date: | Hits: 112
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......ed in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......e 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declaration of title and recovery of possession will not change the nature and character of the suit…..(9) Lawyers Involved: Mustafa Niaz Muhamma..Category: Property Law | Date: | Hits: 39
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. ......y the High Court Division itself. The power of control and superintendence conferred on the High Court Division under Article 109 in relation to subordinate courts or tribunals is administrative in nature. Judicial power of review of the High Court Division can be exercised under Article 102 of ..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ve bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......cused persons on the person of the deceased P.W.2 and P.W. 6 raised a cry whereupon the inmates of the other huts of the house started coming towards the hut -of the deceased. It is contrary to human nature that after inflicting such injuries, the accused persons would be lingering their stay at the..Category: Criminal Law | Date: | Hits: 44
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:...... to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......mmad Vs. Badruddoza Chowdhury and another reported in 42 DLR (AD) 116 observed that in that case it was held that failure to pay any instalment of the loan should be taken as defaulter in view of the nature of duties of such public office of opposite party No. 1 petitioner. 10. The learned Couns..Category: Election Law | Date: | Hits: 162
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......es, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......ansferred the remaining land to defendant No.5.The plaintiff, after his purchase got his name mutated in the khatian. The defendant No.1 is the full brother of Abdul Aziz and a person of desperate nature. Once he assaulted the plaintiff and the plaintiff brought a criminal case being C.R. Case N..Category: Property Law | Date: | Hits: 30
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ...... Case is also Reported in: 61 DLR (AD) (2009) 82. ......on 9 of the Code of Civil Procedure bars the jurisdiction of the Civil Court expressly or impliedly under any enactment, the said provision gives jurisdiction to file a suit/litigation of any civil nature in any civil Court of competent jurisdiction. Thus section 95 of the Companies Act providing..Category: Business or Commercial Law | Date: | Hits: 147
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... J ATM Afzal J Mustafa Kamal J Latifur RahÂman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, MinÂistry of Law and JusÂtice & others........Respondents Judgment January 30, 1990. ...... 1920) to provide for the future administration of the various monies and gifts received from the public for the purpose of medical and other aid to the sick and wounded, and other purposes of a like nature during the First World War, and more especially for the adÂministration of the monies and pr..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested elecÂtion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......88. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......atute which also provides for a special forum for seeking remedy. The learned Single Judge based his argument on the premises that dispute as to rejection of a nomination paper was a dispute civil in nature. But it must be kept in mind that Civil Court's jurisÂdiction, even on a civil matter, may b..Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......d stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......place. Her statement was recorded by the Officer-in-Charge of the Police Station, P W 19, in presence of P Ws. 2 and 3, who are Medical OffiÂcers of the Banaripara Thana Health Complex. BeÂsides signatures of these three persons it also bears her signature. Detailed account of the incident regardÂ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ...... Niketan, ReÂspondent No. 4 in Writ petition No. 239 of 1985, is that the appellant's petition was not maintainable; that the impugned letter dated 30.5.85 written by reÂspondent No. 1 under the signature of the Section Officer of the Ministry concerned in reply to the apÂpellant's letter dated 2..Category: Property Law | Date: | Hits: 32
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