Search Options
Judgment Advanced Search
Displaying 2421-2440 of 2921 results.
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....neous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as petitioner moved the High Court Division whereby Rule was obtained in Criminal Miscellaneous Case No. 9363 and the same was made absolute by the learned Judges of the High Court Division by judgment and order dated 4.11.2002 enla......y be curtailed. Strictly speaking, the accused respondent is arrested for committing an offence of murder and he may be deprived of his liberty. 7. We are called upon to decided as to whether the Division Bench of the High Court Division was correct in e......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....irmed the order passed by the Collector of costumes but reduced the redemption fine to Tk. 1 lac. The appellant filed a revisional application before the Secretary, Ministry of Finance, Internal. Resources Division on 15-12-90 under section 196 of the Act, which was rejected by an order, dated 2...... the Government's power is wider than it was in the unamended section. The High Court Division noticed only the unamended section. Under the amended section 196B the Government could have called for and examined the record of the proceedings and could have satisfied itself as to the leg......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
....loyees of RAKUB the Board of Directors adopted Padannoti Nitimala and RAKUB circulated a draft list and in the said seniority list the writ petitioners have been placed on the top of the list who also appeared before Padannoti Nitimala committee to consider their promotion from the post of Assist......very much maintainable and that the decision was taken in the 263rd meeting recommending promotion of the respondents and so the petitioners are legally bound to implement the same and the so called condition of vetting by the Chairman was without jurisdiction and as such the order passed b...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....d according to physical possession and measurement was 0.42 acres as described fully in the schedule of the plaint and the same was ejmali. The further case is, that Moulvi Mukti Miah, the predecessor-in-interest of the parties to the suit while owning and possessing the 16 annas share of the su......rough court. A co-sharer in possession of excess land than his share is bound to part with the same. 12. Since the Advocate Commissioner did not depose before the trial Court nor the Court called him as witness, his report was not admitted in evidence. In that state of the matter, the Hi......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....tive Tribunal, Dhaka on 11-7-90 in Administrative Tribunal Case No. 132 of 1986. 2. Respondent Md. Golam Rahman Mallik who was at the material time an Additional Land Acquisition officer, Jessore was arrested on 6-3-83 in connection with Kalia P.S. Case No.5 of 1982 and was suspended ......ers made by the President in exercise or purported exercise of the powers derived from the law (which includes Rules), shall be deemed to have been validly made, done or taken and shall not be called in question in or before any Court, Tribunal or Authority on any ground whatsoever. Mr......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
.... granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15, 1978 transferred 12 Tea Estates to the appellant which also includes the above mentioned Tea Estate and the appellant by the aforementioned agreement became......w any third party to enter into the tea estate for this purpose, that illegality has been committed by the High Court Division in holding that respondent Nos. 1-3 have authority to lease out the so-called Balumohal without realising that the petitioner is the lawful lessee under the provision of......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
.... interlocutory order of the Artha Rin Adalat and in that view of the matter the impugned judgment and order is liable to be set aside by this Division. It is finally submitted that in view of some conflicting decisions of the High Court Division in the cases of Sonali Bank vs. Ali Tannery, ......Division. But section 6(1) and the proviso to section 7 have made all other judgments not appellable which does not result in a decree but results only in an order and the same cannot also be called in question before any court of law or authority. The aforesaid sections 6(1) and 7 are repr......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. ..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ely Abdul Kader alias Kada, Hasen Ali, Dudu alias Duda Mondal, Mafizuddin alias Chan, Sayeduzzaman and Abdur Rahman, under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life. The learned Sessions Judge by the same judgment acquitted accused Abdus Samad Mond....... In due course records were sent to the Court of Sessions Judge, Jamalpur and thereupon Session Case No. 58 of 1990 was registered. 9. The accused persons in all 7 were put on trial and they were called upon to answer the charge under section 302 read with section 34 of the Penal Code to which t......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. ..Category: Criminal Law | Date: | Hits: 44
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....n stating, inter alia, that the Social Investment Bank Ltd. hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated directors and Group-......facts relevant for disposal of these appeals are as under:- The said applications were filed in the High Court Division stating, inter alia, that the Social Investment Bank Ltd. hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors name......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. ..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....ellip;………….(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser...... 13. In Shankarlal Narayandas Mundade’s case the Privy Council observed as under: "Their Lordships have found it unnecessary to examine the evidence which was called on behalf of the plaintiff to show that these defendants in fact, had notice of the ...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
........ .. ................Respondents Judgment November 29, 2006. Review Review petition is not maintainable unless there is error apparent on the face of the judgment sought to be reviewed and the petitioner cannot be allowed to reagitate grounds agitated in the rej......ndent No. 7 managed to get a decision in respect of removal of the petitioner in the 32nd meeting of the Governing Body held on 12-8-1998 showing the petitioner as mentally unsound owing to the so-called family crisis and thereby kept the petitioner out of work since 13-8-1998; then being compel......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association he cannot claim any right or protection under Article 38 of the Constitution. Whatever rig......a long time and by the impugned dissolution his term as Vice-Chairman of the Magura Unit has been prematurely brought to an end. Whether his grievance is upheld or not, he cannot in any sense, be called a busybody. In complained that he was under an impending threat of deprivation of his fundame...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ppellant contends that the concurrent decision of those courts has been made in disregard to the judgment of this Court in the cases of A.F.M. Shah Alam and others, reported in 41 DLR (AD) 68 and also in misconstruction of all relevant Election Laws, in particular, section 26 of the UP Ordinance, ......s question are as follows: An election was to be held on 10 February 1988 for the office of Chairman of Kolkonda Union Parishad of Gangachara Upazila, Dist-Rangpur and nomination papers were called for. Respondent-Plaintiff filed his nomination paper but it was rejected by the Returning Off......ide the uncontested election 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...Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
.....................Respondent Judgment June 11, 1989. Result: The appeal is dismissed. The Evidence Act (I of 1872) Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence under......ife of Abu Baker Siddique, Sub-Inspector and Second Officer of Banaripara Police Station. Mahmuda Khanom, the deceased, a young woman of 23 years, was 'Aya' of Banaripara Thana Health Complex, also called Health Centre, at the relevant time. The prosecution case centres round her death which resul......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. ..Category: Criminal Law | Date: | Hits: 50
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....ing 29.52 acres of land stating, inter alia, that the plaintiff, was Finance Director of Uddog Multi Purpose Cooperative Society Ltd. and that, the suit property was purchased by the plaintiff society for construction of house; thereon, for distribution amongst its members and that the socie......tified in rejecting the said petition. 27. The learned single Judge of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the suit land. Defendant -responde......possession of the suit land were threatened with eviction through Court by the landlords Benode Behari Chowdhury and others and the plaintiffs attorned to them and thus they suffered, what is called, eviction by title paramount and as such the relationship of landlord and tenant between the....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....used petitioner Mizanur Rahman alias Mithu and Shaheen Faraji under Section 326A read with sections 34 and section 457 of the Penal Code but altering the sentence of the death to that of imprisonment for life and awarding no separate sentence under section 457 of the Penal Code and setting ......t Division failed to consider that the G.D. dated 08.09.1994 was lodged first in point of time which did not contain the name of accused petitioner Masududdin alias Badal but it was added in the so-called FIR lodged afterwards on 10.09.1994 along with 3 other new accused. This after though addi&s......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....a in Civil order No. 4061 of 1994) Judgment: A. T. M. Afzal CJ. - This appeal by leave arises out of an unusual order passed by the High Court Division also in unusual circumstance. 2. What happened was when the Civil Court was on vacation with ......ch is yet to be filed and further whether the impugned order was otherwise a proper one in the facts and circumstance of the case. 5. Section 151 of the Code of Civil Procedure, it may be recalled, provides as follows:- Section 151. Nothing in this Code shall be deemed to li......ances, the appellants were required to be restrained forthwith from issuing any work order in favour of respondent No.3 or otherwise respondents No. 1 and 2 would suffer irreparable loss and injury, As the Civil Court was closed, it was submitted that in the facts and circumstance..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....ss and that in view the respondent No.1 was made a partner of 30% share of the said business of the petitioner and thereafter the parties executed a partnership deed on 12-12-2002; the petitioner also executed a power of Attorney on 28-12-2002 in favour of respondent No.1 and appointed him as his......ntering Caveat for the respondent No. 1, on the other hand, contended that the High Court Division having considered the materials on record rightly passed the impugned order and no interference is called for by this Division. 10. We have perused the records and considered the submissions ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....................Appellant vs Enamul Huq Sarker and ors.....................Respondent Judgment March 8, 2006 Lawyers Involved: Shamsul Huq Sarker(in person)-For the Appellant Not represented-Respondents Civil Appeal No. 131 of 2001 ...... he preferred Title Appeal No. 3 of 1988 before the learned District Judge, Chandpur. The appeal was fixed for hearing on 4.11.1991 on which date the appellant was found absent when the appeal was called on for hearing. The learned District Judge then asked the appellant to show cause as to why ......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 70
21272126212421212118211721162114210020982097209220902088208620832074207120682061