Search Options

Judgment Advanced Search

Displaying 1981-2000 of 2198 results.

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....the High Court Division, Dhaka in First Appeal). Judgment:              MH Rahman J.- The husband, the appellant before us, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka......bsp;        MH Rahman J.- The husband, the appellant before us, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka, for a declaration that he is the irrevocable licensee of his wife, the respondent, in the 'A' schedule l..

Category: Property Law | Date: | Hits: 80

Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)

....nd Md. Shahabul Huda Vs. Md. Sahafi 36   DLR (AD) 44, Re NP Essappa Chettiar AIR 1942 Mad. 756; The Corporation of Calcutta Vs. Bijoy Kumar and others AIR 1924 Cal. 334 and Commissioners for the Port of Calcutta Vs. Suraj Mull Jalan and others AIR 1929 Cal.464, Dinonomi Chowdhrani Vs. ......se decisions go, that  where the legislature has indicated a mode of procedure before a Magistrate, a civil Court will not E interfere, except in special circumstance, by way of injunction of declaration of right. Those were however cases of criminal prosecutions for breach of rules of cor..

Category: Property Law | Date: | Hits: 81

Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)

....n, Bangladesh Power Development Board & others................ Respondents Judgment August 31st, 1992. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Lutifor Rahman Majumdar, Advocate with him) instructed by Md. Aftab Hossain, Advocate -on -Record- For ......’ series to the writ petition). 4. On 15.7.1987 the appellant instituted Title Suit No. 126 of 1987 in the Court of Senior Assistant Judge Gazipur, against the respondents (PDB) for a declaration that the aforesaid electricity bill dated 15.1.1986 for Tk. 25,077.67 with effect from ..

Category: Criminal Law | Date: | Hits: 71

Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)

....            MH Rahman J.- Respondent, Shakhipur Islamia High School, instituted Title Suit No. 112 of 1969 in the First Court of Munsif, Chikandi, for declaration of title to the suit land, described in 'Ka' schedule to the plaint, an area of .92......sp;          MH Rahman J.- Respondent, Shakhipur Islamia High School, instituted Title Suit No. 112 of 1969 in the First Court of Munsif, Chikandi, for declaration of title to the suit land, described in 'Ka' schedule to the plaint, an area of .92 acr..

Category: Property Law | Date: | Hits: 64

Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)

....For the Petitioner. Zakir Hossain, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent No. 2. Civil Petition for leave to appeal No. 121 of 1990. (From the judgment and order dated 27.2.90 passed by ......he plaintiff-respondent filed Title Suit No. 546 of 1974 in the 1st Court of Subordinate Judge, Dhaka (now renumbered as Title Suit No. 77 of 1990 of the 4th Court of Subordinate Judge, Dhaka), for declaration of title and recovery of possession of the suit land. Application for amendment of the..

Category: Property Law | Date: | Hits: 49

State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)

....particularly of gold has been defined in the Special Powers Act and this definition is exactly the same as that of smuggling under section 156(8) of the Customs Act. The offence is one and same. Therefore there is no question of joinder or mis­joinder of charges. Though it has been made punishable ...... on the same day at 21‑45 hours at the Cantonment police station stating that the respondent upon landing at about 10‑20 hours and after crossing the Immigration and Customs' currency and jewelry declaration counter placed his baggages on the crew baggage checking counter between 10‑30 to 11â€..

Category: Criminal Law | Date: | Hits: 132

Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....lved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appellant. Jane Alam, Advocate, instructed by S.M, Huq, Advocate-on-Record—for Respondent.    Civil Appeal No. 78-D of 1968, (On appeal from the ju......cy Act in section 88A. 18. When a co-sharer was made a party in a proceeding under section 88 A of the Bengal Tenancy Act, he could not prevent the sub di­vision of the holding by a mere declaration that he would exercise the right of pre-emption. The officer dealing with the proceedi..

Category: Property Law | Date: | Hits: 60

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

....sp;             Sayem CJ.- This appeal arises out of an application under Article 102(2)(a)(ii) of the Constitution. It is by the applicant before the High Court Division. The application was summarily dismissed by the learned Judges of that......f the two countries (hereinafter referred to as the Delhi Treaty) which the appel­lant claimed, involved cession of Bangladesh territory was without lawful authority and of no legal effect. The declaration was sought with special reference to a part of what is known as Berubari Union No 12 an..

Category: Constitutional Law | Date: | Hits: 716

A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)

.... Involved: Manzoorul Ahsan, Advocate, Supreme Court instructed by A W Mian, Advocate-on-Record —For the Petitioners. None—For the Respondents. Petition   for   Special Leave to Appeal No. 45 of 1973. (Against the judgment and  orde......onduct Banga Bandhu Mujibur Rahman, the undisputed leader of 75 million people of Bangladesh, in the fulfilment of the legitimate right of self-determination of the people of Bangladesh, made a declaration of independence at on March 26, 1971, and urged the people of Bangladesh to defend the..

Category: Criminal Law | Date: | Hits: 53

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....erved on him were without lawful authority. 2. The material portion of the notification reads as follows: "Whereas it appears that the persons specified below have been staying abroad since before the liberation of Bangladesh and by their conduct cannot be deemed to be citizens of Bangladesh...... itself shows that the Government did not apply its mind and exercised its power dehors Article 2 and was guided by considerations irrelevant under Article 2. 26. Article 3 does not provide for a declaration or publication of such a declaration in the Official Gazette. It indicates that a decisi..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)

....For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent Nos. 1 to 8. No one for the Respondent Nos. 9(a) and 9(b). Maksudur Rahman, Senior Advocate, instructed by B Hoss......h Court Division (at Sylhet) in Second Appeal No. 554 of 1978 allowing the same. 2. The plaintiff brought Title Suit No. 301 of 1972 in the First Court of the Assistant Judge, Sylhet, for a declaration that the order of cancellation of settlement of land dated 18.9.72 passed by the Assist..

Category: Property Law | Date: | Hits: 80

Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)

....: Moksudur Rahman, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Petitioner. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 151 of 199 1. Judgment:        &......l Chandra Ghosh. But when defendant No. 7, claiming to be a lessee of the Government, threatened the plaintiffs with dispossession, they filed the suit in question (Title Suit No. 215 of 1984) for declaration of title and confirmation of possession, etc. The suit was decreed by the trial Court ..

Category: Property Law | Date: | Hits: 62

Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)

....by special leave is directed against the judgment and order passed by the High Court Division in Second Miscellaneous Appeal No. 9 of 1973 on July 30, 1979. 2. The respondent filed a case before the Chairman, Kalibari Union Committee, Barisal against the appellant and another for arrears ......ion in the Second Court of Munsif of Barisal. The appellant who was the judgment debtor instituted an objection under section 47 CPC being Miscellaneous case No. 48 of 1970, in the same Court for a declaration that the decree obtained by the respondent was illegal and without jurisdiction since ..

Category: Property Law | Date: | Hits: 70

Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)

.... Division in FA No. 68 of 1962. 2. The appellants are plaintiffs. They filed a suit being Other Suits No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in questio......ision in FA No. 68 of 1962. 2. The appellants are plaintiffs. They filed a suit being Other Suits No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in..

Category: Property Law | Date: | Hits: 130

Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)

.... Court Division, Dhaka in Civil Revision No. 954 of 1991). Judgment MH Rahman J.- Respondent No. 1 instituted Title Suit No. 122 of 1987 in the Court of Assistant Judge, Fourth Court, Dhaka for a declaration that the order dismissing him from the post of Headmaster of the Post Office High ...... Division, Dhaka in Civil Revision No. 954 of 1991). Judgment MH Rahman J.- Respondent No. 1 instituted Title Suit No. 122 of 1987 in the Court of Assistant Judge, Fourth Court, Dhaka for a declaration that the order dismissing him from the post of Headmaster of the Post Office High School..

Category: Employment/Service Law | Date: | Hits: 101

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....ns 30 and 33 of the Arbitration Act, 1940. The learned Subordinate Judge had, in his judgment, modified an award dated 20 September 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us re......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..

Category: Business or Commercial Law | Date: | Hits: 98

Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)

....Respondents (In Civil Petition No. 58 of 1992) Subash Chandra Das and ors..................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993......he proviso to section 4(3) (b), as the case may be, for no fault of the person interested, all proceedings in respect of such acquisition shall, on the expiry of that period, stand abated and a declaration by the Deputy Commissioner to that effect shall be published in the official Gazette. ..

Category: Property Law | Date: | Hits: 64

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....Judgment November 29, 1993. Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest f......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..

Category: Business or Commercial Law | Date: | Hits: 128

Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)

....r whether the learned Judges of the High Court were justified in granting temporary injunction during the pendency of the first appeal in the High Court Division, arising from a suit which was only for declaration of title without any prayer for consequential relief. 2. Facts are tha......ther the learned Judges of the High Court were justified in granting temporary injunction during the pendency of the first appeal in the High Court Division, arising from a suit which was only for declaration of title without any prayer for consequential relief. 2. Facts are that Res..

Category: Property Law | Date: | Hits: 61

Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)

....72 and the service of the respondent vested in the Corporation under said Order. The respondent was promoted to the post of Manager in the Corporation with effect from 8.12.1973 and sent to Australia for higher training in tourism and then to Japan and he successfully completed both the courses. Whi...... petition and marked as Annexure G. The respondent challenged this decision through an appeal which was turned down by letter dated 2.7.90 (annexure H) whereupon the writ petition was filed seeking a declaration that the order dated 29.9.88 issued under the signature of appellant No. 2 (annexure E a..

Category: Employment/Service Law | Date: | Hits: 126