Search Options

Judgment Advanced Search

Displaying 2261-2280 of 2456 results.

Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......the petitioner. The petition is dismissed. Ed. ......ode of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plaintiff under this provision the Court should carefully consider the nature of defect of the plaint and if such defects are found curable, the plaintiff should be allow..

Category: Civil Law | Date: | Hits: 91

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......e appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......le and sham transaction and that the pre-emptee, in fact, did not part with the possession of the land allegedly shown to have been reconveyed to the original owner, a reconveyance of the aforesaid nature would not affect the right of preemption. 14.  From the trend of reported deci..

Category: Property Law | Date: | Hits: 67

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......tence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......in which the Judges function and conduct themselves in discharging the high duties of office, the Court observed: "There is never any risk of judicial hypersensitivity. The very nature of the judicial function makes judges sympathetic and responsive. Their very training bless..

Category: Criminal Law | Date: | Hits: 64

Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)

...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......respective costs. Ed. ...... appellant. 13. Taking clue from the decision, Mr. Karim submits that under section 9 of the Code of Civil Procedure the Civil Courts will have jurisdiction to try all suits of civil nature excepting suits of which their cognisance is either expressly or impliedly barred and that t..

Category: Property Law | Date: | Hits: 51

Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)

.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721.   ...... This Case is also Reported in: IV ADC (2007) 721.   ......cy Act is limited to the co-sharer(s) of the holding, land of which has been transferred, on the date of transfer i.e. on the date on which deed of sale, heba-bil-ewaz or any other document of the nature of sale deed is presented before the Sub-Registrar for registration. The language of section..

Category: Property Law | Date: | Hits: 55

Bangladesh Telecommunica­tion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......gment and orders of the High Court Division are hereby set aside. Ed. ......ny platform, rig or other structure that is flexed in the sea or attached to the submarine land: Provided that if Bangladesh is a party to an international treaty, or an arrangement of similar nature in relation to a foreign vehicles, vessels, aircrafts or satellites, this Act shall apply ..

Category: Information Technology Law | Date: | Hits: 266

Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)

....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......appeal is dismissed without any order as to costs. Ed. ......to the mortgagor pursuant to deed of reconveyance. 9. It may be mentioned here that the evidence on record do not support the finding of fact arrived at by the trial Court and the type and nature of discussion, consideration and finding arrived at as quoted above could not be treated as ..

Category: Property Law | Date: | Hits: 71

Abdul Kader Vs. Secretary, Election Commis­sion and others, 2006, 35 CLC (AD)

....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......e for the petitioner. The petition is dismissed Ed. ......t of the 'disqualification' provision appears to be the furtherance of economic and financial interest of the State and though it has not been expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons constituting these local bodies. It is a comm..

Category: Election Law | Date: | Hits: 106

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......ind no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o open the financial proposal of World Tel Holding Ltd. and return the other two non-responsive proposals. It was also decided that the financial proposal should be compared with proposals of similar nature entertained by the neighbouring countries. In view of this guideline, the consultant compared..

Category: Anti-Corruption Laws | Date: | Hits: 89

Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)

....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......e petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......that an order of status quo is an order of injunction directing the parties to the suit to restrain themselves from doing any act which may bring about change in the position of the parties or in the nature and character of the property which is the subject-matter of the suit and as to possession of..

Category: Civil Law | Date: | Hits: 92

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......ure it cannot be said that the aforesaid statement is contradictory. The question is, whether the omission so made has made the witness unreliable. In my view, the omission so made is of not such a nature to make the witness unreliable since fact of causing death of the victim by torturing and st..

Category: Criminal Law | Date: | Hits: 59

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......nterference is called for. The petition is dismissed. Ed. ......y report was not supplied to him but on production of official file of the proceedings of the respondent, it was found that he received the copy of the inquiry report on 25-11-87 by putting his signature. The learned Counsel further submits in the proceeding against the respondent all the requir..

Category: Administrative Law | Date: | Hits: 113

Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)

....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......terfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......sions Judge for disposal. The learned Assistant Sessions Judge got these Sale‑Deeds seized along with the corresponding TI Register from the Sub‑Registrar's Office, obtained specimen signatures as well as specimen Left Thumb Impressions (LTI's) of the purported executants; he also obt..

Category: Criminal Law | Date: | Hits: 68

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ....... Ed. This Case is also Reported in: 44 DLR (AD) 319. ......ll form the basis of the work of the State and of its citizen, but "shall not be judicially enforceable". The reason for not making these principles judicially enforceable is obvious. They are in the nature of People's programme for socio‑economic development of the country in peaceful manner, not..

Category: Constitutional Law | Date: | Hits: 655

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......ing good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......bmits, on the other hand, that the P&D Committee of the University was only a recommendatory body and it had no authority to enter into a contract with the appellant. Its deliberations are in the nature of negotiations. The University may have calculated initially through its Engineering Consult..

Category: Alternative Dispute Resolution | Date: | Hits: 202

Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)

....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......e original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......s Division. Beginning with the case of Kazi Muklesur Rahman vs. Bangladesh, 26 DLR (SC) 44 this Division has been persistently holding that there must be an indication in the certificate as to the nature of the substantial question of law as to the interpretation of the Constitution. In the pres..

Category: Property Law | Date: | Hits: 110

State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)

....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......ed by accused Bakkar". In the first information report the order to kill or finish Tara was not mentioned. Injuries found on the dead body of Tara by the Doctor, PW 6, are widely divergent in nature; that is, injuries Nos. 1 and 2 in the occipital region were fatal or grievous in nature; th..

Category: Criminal Law | Date: | Hits: 93

Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)

.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......r is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......cumstances of the case. A reference to paragraph 5 of the reported decision will show that their Lordships of the Appellate Division held as follows: "That the question of benami nature of kabala on the basis of which pre‑emption is claimed cannot be gone into and determ..

Category: Property Law | Date: | Hits: 106

Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)

....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ...... allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......tory corporation; but this dose not mean that all classes of employees of statutory corporation may file a suit in the civil Court. Maintainability of such a suit depends upon the rank, status and nature of work of the employee concerned. The question therefore is where the matter of "griev..

Category: Administrative Law | Date: | Hits: 130

AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)

....are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ......d to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ...... section enjoins upon the court to exercise judicial discretion in the matter of granting bail for ascertaining whether the materials placed before the Court by the prosecution are of such a tangible nature that if left unrebutted, they may lead to the inference of guilt of the accused. In the prese..

Category: Anti-Corruption Laws | Date: | Hits: 92