Search Options
Judgment Advanced Search
Displaying 2061-2080 of 2293 results.
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......the application for amendment filed by the plaintiff-respondents being wholly unnecessary and was filed merely to obtain an order of remand to fill in the lacuna in evidence and the record containing full evidence for a proper judgment in the case the High Court Division was wrong in allowing the pr......ng the parties to bring all possible controversies between them the suit.” 11. Order VI rule 17 of the Code of Civil procedure provides that an amendment of the pleading may be allowed at any stage of the proceeding in such manner and on such terms as may be just and all such amendments shall ..Category: Procedural Law | Date: | Hits: 114
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......1991 provides that a bank must be a public limited company and must fulfill several other criteria in order to be considered eligible to be a banking company. Further, BRAC Bank Limited is not a lawfully constituted public limited company since it is composed of less than seven persons inasmuch ...... 99.97 percent of the paid up capital of BRAC Bank as is evident from the Memorandum and Articles of association of the Bank. It is apparent from the objectives of BRAC that BRAC is entitled to engage itself in charitable purposes and other activities set out under section 20 of the Societies Re..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......oheshkhali Police Station lodged a first information report on 19 April 1987 alleging that on 19 March 1987 at 1-35 PM he got a telephonic information that the appellant had caused the death of his full sister Kanchani alias Monowara Begum on 17 March 1987 at about 2-00 AM while engaged in illici...... that on 19 March 1987 at 1-35 PM he got a telephonic information that the appellant had caused the death of his full sister Kanchani alias Monowara Begum on 17 March 1987 at about 2-00 AM while engaged in illicit sexual act with their former domestic servant, Emdadul Haque by assaulting and thr..Category: Criminal Law | Date: | Hits: 55
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ......-1993 in Other Class Appeal No.179 of 1991 under Order 47 rule 1 of the Code of Civil Procedure. 2. The suit was for declaration that the plaintiff was illegally and wrongfully dismissed from his service on 27-1-77 and that he was entitled to be reinstated with full ar......s entitled to be reinstated with full arrear dues up-to-date. The short fact stating, inter alia, that the petitioner, appointed as a Stenographer was absorbed and promoted to the rank of Branch Manager and on transfer to join his place of transfer allowed 7 days time but due to illness of the m..Category: Employment/Service Law | Date: | Hits: 83
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......ight thereof relief having been sought civil Court is quite competent to investigate the question of fraud and mala fide and the said allegation as can only finally be adjudicated upon full dress hearing of the suit, the High Court Division was in error in rejecting the plaint upon ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ...... Singh, AIR 1963 SC 1521. Moulvi Md. Khurshid Alam vs. Bangladesh 50 DLR (AD) 82. Kazi Md. Amirul Islam vs. Bangladesh 16 BLD (AD) 110;Kazi Imamuddin Bhuiya Vs. Bangladesh 10 BLC (AD) 2005 page 134. Lawyers Involved: A. J. Mohammad All, Senior Advocate, instructed by Md. Aft..Category: Constitutional Law | Date: | Hits: 178
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ...... executed and registered necessary sale deed being deed Nos. 6785 dated 10.8.1985, 6946 dated 14.8.1985 and 7034 dated 17.8.1985 in favour of plaintiff No.1 and accepted the consideration money in full. 4. The further case of the plaintiff-petitioners is that Syed Altaf Hossain submitted ......Rahman and others; that his tender was on 28-5-1985; that Syed Altaf Hossain by practicing fraud and by suppressing fact in collusion with some dishonest officers and staffs of ministry of Works managed to get his tender accepted; that he kept no stone unturned to grab the disputed holding i.e h..Category: Property Law | Date: | Hits: 54
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ...... computation of the taxable income, (ii) determination of the tax payable and (iii) demand for the tax so found due. Registration of the firm makes no difference for the purpose of the first stage but it does make a difference for the purpose of the second and third stages. A firm is a unit ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....t is to be further examined whether the Ayani Dasi's case is applicable to the facts of this case. 6. It is to be observed that in Ayani Dasi's case the plaintiff was a pardanashin illiterate woman and a widow. She had trouble with regard to the lands she inherited from her husband and sough...... of fiduciary relationship was of no importance. It was also held that, if Sujan Bibi was giving her property to her grandsons independent advice was no consequence as she was doing something being fully aware of the purport thereof. 5. Khandker Mahbubuddin Ahmed learned Counsel appearing fo......ncil decisions specially Faridun Nisa vs. Mukhtar Ahmed 30 C.W.N, 337 has made an observation, which, in our view, though applicable to the facts of that case, has been expressed in such a broad language that it is apt to create confusion, and, in fact, in this particular case it misled the trial Co..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......e District Magistrate or Sub-Divisional Magistrate. It has been held in Deo Narain Singh Vs. Emperor, A I.R. 1933 (Pat) 244 that where the whole case is made over to the Subordinate Magistrate he has full seisin of it and it is not open to the Sub-Divisional Magistrate unless he proceeds under sec......is not required to send back the record for that propose to the original Cognizance Taking Magistrate. Cases Referred to- Didar Bux vs. Shamapada Das Maladar 41 Cal. 1013; Charu Chandra Das vs. Nagendra Krishna Chakraborty; 4 CWN 367: Nagendra Shyam vs. Emperor, AIR 1923 (Rangoon) 31: N. Baksi ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... In other words in Bangladesh a raiyat cannot enter into any other transaction of his raiyat-holding except a complete usufructuary mortgage. Thus the process that was started in 1928 found its full expression by the amendment caused by President's Order No. 24 of 1973. The view of the High ......e-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and 24/73 are protected by the..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......y stayed that operation of order whereas the High Court Division while issuing the Rule had fallen into an error by granting stay of the operation of the order of the District Judge. Mr. Ahmed forcefully argued that the plaintiffs' suits are not maintainable either under the Specific Relief Act ......nor any right of theirs require protection. Nothing inheres in them yet because no deal was concluded so far they are concerned for non observance of the regulation. Their remedy, if any, is for damages if they can make out a case for damages, bur the prayer for injunction was erroneous inasmuch..Category: Others | Date: | Hits: 94
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......rticle 6 of the President's Order No. 67 of 1972 provides that the Screening Board may recommend any of the following punishments:— (i) Removal from service with forfeiture of property in full or part: Provided that forfeiture of property may only be recommended in case the Board is......esses for the prosecution and the appellant himself examined 5 witnesses. But that as it may, the Screening Board found the appellant guilty under Article 6 and recommended to the Government for stoppage of three increments. Thereafter the Government by an order dated 24-12-76 accepted the recomme..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ...... the subject. 7. First of all, in Article 143 (1) (6) of the Constitution of Bangladesh, it has been provided that there shall vest in the Republic in addition to any other land or property lawfully vested in it, "all lands, minerals and other things of value underlying the oceans within the ......ngkolnimite' and 'Thaiwareepiset’ of which the respondents are respective owners. The last mentioned one was seized by a gun boat of Bangladesh Navy on 19-11-76 at 21°10'N 890 14E when it was engaged in catching fish in a zone of the Bay of Bengal said to be the territorial waters of Bangladesh..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......covered from his possession. 4. The doctrine of previous acquittal or previous conviction known in English Common Law as autre fois acquit or autre fois convict has been embodied within the language of sec. 403 (1) of the Code. The underlying principle is that if a person has been tried by a ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. .......(13) The heirs or successors-in-interest of a tenant in occupation of the premises on his death do not become trespassers, because neither their predecessor nor they entered the premises wrongfully, and so their continuance in the premises will be that of tenant by sufferance………..(14) ...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......s the income as applied by the wakif in the waqf deed but not the income as actually spent by the wakif or the mutwalli. On this question also, with due respect to the learned Judges I find myself in full agreement with the reasons given by the majority Judges in Khurram Khan Panni's case in answe......e, but almost all the modern countries of the world have abandoned the doctrine and adopted the welfare doctrine of economy………………(6) A taxing statute is to be interpreted on the language used in the statute. No tax can be imposed on the citizen without the word in an Act of the Legi..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......judicial review of the High Court Division in exercise of its jurisdiction conferred under Article 102 of the Constitution. It further appears that in taking the view the learned Judges failed to fully appreciate the correct import of clause (g) of the Proclamation dated August 20, 1975 ousting ...... 3. Leave was granted to consider:— (1) whether the Government is empowered under Regulation 3(2) of Martial Law Regulation No. 1 of 1975 to transfer any case from any Criminal Court at any stage of the trial to a Martial Law Court for trial of the offence irrespective of the date of commiss..Category: Criminal Law | Date: | Hits: 294
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......plaintiff-respondent. The appeal could and should have proceeded minus the deceased defendants. The latter part of Rule 4 read with Rule 33 does indicate that in such a case the Appellate Court has full power to reverse or vary the decree in favour of the plaintiffs or defendants as the case may......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ..Category: Property Law | Date: | Hits: 73
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ...... it appears that the Council was established on acceptance of the proposal of the Ministry of Natural Resources and Atomic Energy (Scientific and Technological Research Division) for establishing a full-fledged Council for initiation, promotion and guidance of scientific and industrial research in......igh Court Division was not correct in treating the Resolution dated November 16, 1973 as a sort of a document without any statutory force and the High Court Division did not notice that the very language of section 29 supported the contention of the appellant that the Resolution dated November 16, 1..Category: Employment/Service Law | Date: | Hits: 130
13381331132913231313130712891287127712751274127112671266126212611257125412501248