Search Options

Judgment Advanced Search

Displaying 2361-2380 of 2954 results.

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......e rightful claimant of the property does not lose his right in the property for nonpayment for some time unless person to whom the claimant of the land owes obligation of payment of rent initiated proceeding, either rent suit or certi­ficate proceeding for realisation of rent or other dues a..

Category: Property Law | Date: | Hits: 52

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ant Nos.1 and 2 are not entitled to the protection of section 53 A of the Transfer of Property Act for retaining their pos­session of the land in suit, that the High Court Division was wrong in proceeding with the premise that the defendants were ready and willing to perform their part althou..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......t the said order within 30 days which was not filed by the defendant. Section 117 of the State Acquisition and Tenancy Act relates to Sub-Division of holding and restric­tion thereon. Mutation proceeding and Sub-division of holding are not identical. Mutation of the khatian or correction of ..

Category: Property Law | Date: | Hits: 35

Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)

....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......g Nos. (1) to (3) b. The appellant objected to the admission of Exhibit 3 series and also filed two petitions, one against the admission of exhibits and the other for adjourning the hearing of the proceeding to enable him to move the Government for transfer of the case under section 28 of the Lo..

Category: Election Law | Date: | Hits: 122

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......(2) provides that every such appointment shall be filed in Court and shall be deemed to be in force un­til determined with the leave of the Court or until the client or the pleader dies or until all proceedings in the suit are ended. 10. When the Court finds that the power of at­torney is bad, ..

Category: Property Law | Date: | Hits: 118

Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)

....llants, father and son respectively, are accused of an offence under section 420 Penal Code in Petition Case No.176C of 1983 pending in the Court of a Magistrate, First Class, Faridpur. They went for quashing of the proceeding under section 561A of the Code of Criminal Proce­dure, obtained Rule but......d to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, for, the alleged liability incurred is essentially civil in natu..

Category: Criminal Law | Date: | Hits: 59

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......al purposes a consent decree, the plaintiffs having consciously given up their claim to the ownership of the suit property and ob­jection as to the decree passed in Misc. Case No. 88 of 1976 and the proceedings of Money Execution Case No.7 of 1978. The learned counsel for the re­spondents have ref..

Category: Property Law | Date: | Hits: 95

Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)

....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......buliyat executed by defendant No.1 himself in  favour of the plaintiffs admitting the plaintiffs" title to and possession in the suit land. It is true that admission in a Criminal proceeding cannot be used in a civil suit but the barga Kabuliyat Ext.7 executed by defendant No.1..

Category: Property Law | Date: | Hits: 35

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......t legal. The provision of section 64(1) of the Waqf Ordinance itself authorizes the Deputy Commissioner to evict the person mentioned therein on being asked by the Administrator of Waqfs. No separate proceeding under any law need be initiated for eviction of the occupier of the waqf property in the ..

Category: Trust/Waqf Law | Date: | Hits: 228

M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)

.... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   .......1.2003, 29.1.2003 and 30.1.2003 which are inadmissible papers being fake, false, forged, fraudulent, fabricated and collusive documents created by one R.K. Shah for using the same in the judicial proceeding with malafide intention and the latter's fraudulent acts of exporting inferior quality o..

Category: Business or Commercial Law | Date: | Hits: 100

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......esh Agricultural Development corporation Vs. Abdul Barek Dewan reported in (1999)4 MLR (AD)167 discharged the Rule and further, the termination of the petitioner from service without notice or any proceeding is violative of the principles of natural justice and also the law and rules prescribed ..

Category: Employment/Service Law | Date: | Hits: 82

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......on supports the view that any of the Articles can be resorted to by the Bank and may even be combined and it is not incumbent upon the Bank to take recourse to Article 33 at the first instance before proceeding under Article 34 as contended by the learned advocate for the petitioner. Furthermore, in..

Category: Banking Law | Date: | Hits: 117

Kamruzzaman Vs. State, 1990, 19 CLC (AD)

....ng him as the specified time for conclusion of the trial i.e. 240 days already expired. The Tribunal refused his application whereupon he moved the High Court Division under sec. 561A of the Code for quashing the proceedings. The High Court Divi­sion by the impugned judgment and order dated 29 Janu......ly. This will bring about an anomalous situation, which could not have been the intention of the law makers. This court, therefore, clearly of the view that sec. 339C of the Code is applicable to the proceedings as to trial of the appellant under the Special Powers Act……………..(7) Lawyer..

Category: Criminal Law | Date: | Hits: 58

Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......ssain submitted with reference to the terms of the impugned sale and the offers made by the petitioners for settlement of the outstanding dues of the Bank that there was an arbitrariness in the whole proceeding which not only destroyed the enter­prise of the petitioners but at the same time failed ..

Category: Banking Law | Date: | Hits: 94

Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

..... The writ petition will be heard as a motion as soon as the business of the Court per­mits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ...... tribunals and other authorities. The Union Parishad Ordinance referred to above (section 29(4)) is an illustration on the point. Even such expressions of finality were held to be not of any bar in a proceeding for certiorari in England or in exercise of the power of revision by the High Court in th..

Category: Election Law | Date: | Hits: 102

Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)

....and order dated 12.7.2003 of the High Court Division in Criminal Miscellaneous Case No. 3128 of 2001 filed under section 561A of the Code of Criminal Procedure making the Rule absolute and thereby quashing the proceeding pending in the Court of Metropolitan Magis­trate, Court No. 19, Dhaka o......ted 12.7.2003 of the High Court Division in Criminal Miscellaneous Case No. 3128 of 2001 filed under section 561A of the Code of Criminal Procedure making the Rule absolute and thereby quashing the proceeding pending in the Court of Metropolitan Magis­trate, Court No. 19, Dhaka out of which S..

Category: Criminal Law | Date: | Hits: 39

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ......soner Md. Islamuddin @ Din Islam an employee of an Ice Cream Factory belonging to Abdul Gafur also used to say his prayers in the same mosque. On 04.10.2002 at about 5.00 A.M. when the deceased was proceeding towards the mosque for saying Fazor prayer, the condemned prisoner in a preplanned way ..

Category: Criminal Law | Date: | Hits: 57

State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)

.... Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 03.06.1999 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.821 of 1995 quashing the proceeding of Joydebpur P.S. Case No. 34/610 dated 31.12.1994 under sections 409/109 o....... - This appeal by leave is directed against the judgment and order dated 03.06.1999 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.821 of 1995 quashing the proceeding of Joydebpur P.S. Case No. 34/610 dated 31.12.1994 under sections 409/109 of the Penal C..

Category: Criminal Law | Date: | Hits: 74

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ion is that they have got right, title, interest and possession in the suit land and that they never appointed proforma respondent Nos.4-9 as arbitrator on 29.4.1985. There had been no arbitration proceeding in the suit land and that they did never appear before the arbitration proceeding nor su..

Category: Property Law | Date: | Hits: 41

A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)

.... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......aside the order of his dismissal dated 30.12.1993 passed by the respondent. The petitioner while serving as Junior Purser was placed under suspension on 05.01.1993 by respondent and a departmental proceeding was initiated against him, on 24.01.1993 for unauthorized absence. He submitted written ..

Category: Employment/Service Law | Date: | Hits: 91