Search Options
Judgment Advanced Search
Displaying 2461-2480 of 7133 results.
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....ith the joint family fund and not with the fund of defendant No.1. For the reasons stated above, I find no error or illegality in the decision of the learned Subordinate Judge causing failure of justice for interference. Accordingly, the appeal is dismissed but having regard to the circumsta......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......................................Appellant Vs. Naresh Chandra Poddar and others.................Respondent Judgment April 4, 1985. Result: The appeal is dismissed. Cases Referred to- Appalaswami Vs. Suryanarayanamuri and others, A.I.R 1947 (P.C.) 189; Mudigowda Gowdappa Sankh......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ..Category: Property Law | Date: | Hits: 111
Mrs. Nafiza Mariam Vs. State, 1985, 14 CLC (HCD)
....zlul Huda must be and is directed to be released forthwith. The rule is accordingly made absolute. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 50. ......Major (Retd.) Bazlul Huda under section 491 CrPC, was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the detenue should not be brought up before the Court to be dealt with according to law. The Rule is being opposed by the Government of Bangladesh. 2. Mr. Muhammad Korb...............Respondent Judgment March 25, 1985. Result: The rule is made absolute. Lawyers Involved: Md. Korban Ali, Advocate - For the Petitioner. A.K.M. Shamsul Karim, Assistant Attorney General - For the State. Criminal Miscellaneous Case No.25 of 1984. Judgment Md. Alt...... Bazlul Huda under section 491 CrPC, was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the detenue should not be brought up before the Court to be dealt with according to law. The Rule is being opposed by the Government of Bangladesh. 2. Mr. Muhammad Korban Ali, learn..Category: Criminal Law | Date: | Hits: 116
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....hat in the absence of any procedure being provided the Labour Court was left with its discretion to follow the procedure which it finds expedient for maintaining and securing the rules of natural justice. A Labour Court has to decide an application under section 34 of I.R.O. submitted by individ...... Port Authority challenged the impugned order by this writ petition. 4. The petitioner submitted that the Chittagong Port Authority is a statutory body and that the promotion of employees are made according to the Rules and the Traffic Inspectors are promoted from amongst the senior staffs of dif...... Kalipada Dey & others.................................................................Respondents Judgment September 11, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Fishermen’s Cooperative Society Ltd. Vs. The Chairman, Labour Court, Chittagong,......provides as follows:- "Any collective bargaining agent or any employer or workman may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement." 7. In this case the seven respondents namely, respondents 1-7 ..Category: Labour and Industrial Law | Date: | Hits: 204
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....to try the war criminals of Bangladesh after lapse of 39 years let 195 prisoners of war (POWs) identified as perpetrators of crimes against humanity should also be tried by the Tribunal for ends of justice. 20. I have examined the writ petition and heard the submission of both the learned Couns...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......udgment November 2, 2010. February 2, 2011. Result: The writ petition is rejected. Lawyers Involved: AKM Fakhrul Islam, Advocate - For the Petitioner Abdus Salam Mondal, Deputy Attorney General with Amatun Karim, Assistant Attorney General - For Respondents. Siddiqur Rahman ......r, Dr. Kamal Hossain, Respondent No.4, on 9th April, 1974 releasing 195 Prisoners of War (POWs), identified as perpetrators of crimes against humanity, shall not be declared to have been made without lawful authority and is of no legal effect and also with a further prayers as to why the respondents..Category: Constitutional Law | Date: | Hits: 314
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......n us through the order sheets of the Court below and also the impugned judgment and submits that the accused appellant has been charged and tried under sections 302/326 of the Penal Code and has been accordingly convicted under section 302 of the Penal Code and that the accused admittedly being in a......ppellant Vs. State.......................................................................Opposite Party Judgment June 30, 2003. Result: The petition is dispose of. Cases Referred to- State Vs. Imdad Ali Bepary, 36 DLR 333; Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. People......d under sections 302/326 of the Penal Code and has been accordingly convicted under section 302 of the Penal Code and that the accused admittedly being in abscondence ought to have been defended by a lawyer at the cost of the State under Chapter XII of the Legal Remembrance Manual and there being no..Category: Criminal Law | Date: | Hits: 123
.... If it does not disclose a cause of action; or
(ii) If it is barred under any law; or under section 151 of the Code of Civil Procedure Code, 1908.
(III) If it is necessary to secure the ends of justice or to prevent the abuse of the process of the Court.
However, occasions may be rare to ha......n the suit land. Also, it provides residential accommodation to some of the employees of the Department of Health.
3. The Government took a decision to settle the suit land with the petitioner and accordingly, the Settlement Case No.1/94‑95 was started. Subsequently, a registered deed of settle......ivil Surgeon Barguna and others……………………………………………………Opposite Parties
Judgment
January 30, 2002.
Result:
The Rule is made absolute.
Cases Referred to-
Abdul Jalil and others Vs. Islamic Bank of Bangladesh Ltd. and others, 53 DLR 9; Burmah Easte......o them, the plaint, at best, disclosed a dispute between two Ministries, which could be resolved by inter-ministerial consultation and could not be the subject of a judicial proceedings in a Court of law. It was contended that a suit on behalf of the Government in respect of a property belonging to ..
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....dvocate for the petitioner submits that the learned Additional District Judge upon gross misconception of law and facts disallowed the Civil Revision which resulted in an error occasioning failure of justice. He further submits that both the Courts below failed to appreciate that the present suit ......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.........................Petitioners Vs. Government of Bangladesh and others....................Opposite-parties Judgment May 12, 2011. Result: The Rule is discharged. Cases Referred to- 10 MLR (AD) 144; 10 MLR 344; 61 DLR 503; Sreemati Pushpa Rani Das Vs. AKM Habibur Rahman, 13 ...... General has filed counter affidavit dated 10-5-2011. 9. Mr. Tabarak Hussain, the learned Advocate for the petitioner submits that the learned Additional District Judge upon gross misconception of law and facts disallowed the Civil Revision which resulted in an error occasioning failure of justic..Category: Property Law | Date: | Hits: 121
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493....... agreement till August 2008 i.e. 140 months which amounts to Taka 9,52,000 as compensation. The Court further deducted the security amount of Taka 2,08,000 from the said amount of Taka 9,52,000 and accordingly directed the defendant tenant to pay Taka 7,44,000 to the plaintiffs land lords. The d......…Defendant-Appellant Vs. Surraiya Jabeen and others……………………Plaintiff-Respondents Judgment June 10, 2010. Result: The appeal is allowed in part. Cases Referred to- Maria Keshi D' Rozaria Vs. Hassan Movies Ltd., 41 DLR (AD) 35; Kalu Mondal Vs. Begum Fazilatu......997 by the tenant, House Rent Case No.12 of 1997 was filed before the House Rent Controller for depositing the rent and since then the tenant had been depositing the rent regularly in accordance with law. The House Rent Controller by his order dated 17-1-2000 allowed the case of the defendant tenant..Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
....im due to anger frustration and jealousy. It was also on record that he came out of the bathroom and collapsed. Taking all the facts and circumstances into account we are of the view that the ends of justice will be sufficiently met if the sentence of the condemned petitioner is commuted from death ...... guests. He again went there at 4.00 p.m. and was entertained and thereafter he had been watching TV. After taking their dinner at 9.30 p.m. the condemned petitioner insisted that she return home and accordingly she with her daughter and son came back to her residence at about 10.00 p.m. by a ricksh......Respondent Judgment November 12, 2012. Result: The jail petition is dismissed. Lawyers Involved: A.B.M. Bayezid, Advocate- For the Petitioner. Md. Selim, Deputy Attorney General- For the Respondent. Jail Petition No.10 of 2010. (From the judgment and ...... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 98
Mamun Akbar Vs. State and another, 2012, 41 CLC (AD)
.... infirmity in the impugned judgment and order passed by the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......years from the date of issuance of the letter of allotment when transfer of the plot in question was prohibited and therefore no contract was created by the said bainapatra. Moreover, he submits that according to Section 17B of the Registration Act the bainapatra was not presented for registration w......rul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent No.2. Not represented-For Respondent No.1. Criminal Petition for Leave to Appeal No.401 of 2009 (From the judgment and order dated 29th June, 2009 passed by the High......er affidavit reiterating the facts stated in the petition of complaint with further averments that the instant case is not maintainable and the grounds taken in the application are not sustainable in law. 7. By the impugned judgment and order, the High Court Division discharged the Rule and v..Category: Criminal Law | Date: | Hits: 90
....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......and others........................................Respondents
Judgment
November 11, 2012.
Result:
The leave is granted.
Lawyers Involved:
Rajik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners
Syed......regarding genuineness of Ext.1, the Bainanama which is a document obtained by practicing fraud as decided by the Courts below, subsequently transfer on the basis of such document cannot be treated as lawful transfer and as such the impugned judgment of the High Court Division is liable to be interfe..
Category: Property Law | Date: | Hits: 181
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......thers……………….Defendant-Appellants
Vs.
Abdur Rashid Chowdhury and others................Respondents
Judgment
May 10, 2011.
Result:
The appeal is allowed.
Cases Referred to-
Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, 14 BLC ......he purpose of promulgation of the Act was for acquisition of property by the Housing Authority and to lease out the property to the distressed people for their rehabilitation. Referring to the case law of Alauddin Khan Vs. Bangladesh represented by the Ministry of Housing and Public Works, reporte..
Category: Property Law | Date: | Hits: 118
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....satisfied with the aforesaid order dated 28-2-2008, the accused-petitioner filed this Revision and obtained the present Rule. Being premature, the charge is liable to be set aside to secure ends of justice. 5. The added opposite party No.2 has filed a counter affidavit controverting the stateme......Case No.124 of 2007 is hereby affirmed. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 471. ......………………………Petitioner Vs. State and another…………………………Opposite parties Judgment March 16, 2011. Result: The Rule is discharged. Cases Referred to- Zahed Hossain Vs. State, 61 DLR 386; Satya Narayan Poddar Vs. State, 53 DLR 403; Sirajul Isla......ed in 14 BLC 66 wherein their Lordships have held as under: "Moreover, it appears that against 4 dishonoured cheques the accused petitioner made a single complaint which is not permissible under law. Law speaks one cheque will give rise to one case." 7. We find that the question as to whethe..Category: Procedural Law | Date: | Hits: 114
Javed Alam (Md.) Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....h in person and in writing under registered post and ordinary post for restoration of possession of the above building to the petitioner but without any result. The petitioner then served a demand of justice notice demanding restoration of possession of the aforesaid holding but without any reply. T...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ......ment March 4, 2001. Result: The Rule is made absolute. Since the Court of Settlement has found that the case property cannot be enlisted as abandoned property, the petitioner is entitled to get back possession of the property. The Government is not permitted to treat the property as aba...... of the receipt of the order of this Court. The office is directed to send a copy of this order to the respondents without delay. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 521. ..Category: Property Law | Date: | Hits: 106
Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......……………………Petitioners Vs. Md. Raja Meah and others……………………Opposite Parties Judgment July 14, 2010. Result: The Rule is made absolute. Case Referred to- Jiban Bima Corporation Vs. Mahibul Majid, 52 DLR 186. Lawyers Involved: Fariduddin Khan......id down under Order XXI, rule 32(5) of the Code of Civil Procedure and the learned Additional District Judge without considering the said aspect upheld the said order and as such committed error of law in arriving its decision. He further submits that by filing application the judgment-debtors int..Category: Civil Law | Date: | Hits: 166
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....f sifting out the truth out of bundle of facts, the assessment and evaluation of the evidence on record is a recognized process. 16. Therefore, I am of the opinion that in the instant case ends of justice demands that this case be remanded back to the appellate Court below more particularly when ...... interrogatories upon the pre-emptees to disclose the list of the party who have not been impleaded in the case whereupon the pre-emptees in their turn disclosed the names of several persons who were accordingly impleaded in the case, therefore, the appellate Court below was of the opinion that the ...... Petitioner. PC Guha, with Samiran Mallick, Advocates - For Opposite Parties. Civil Revision No.4874 of 1998. Judgment Nozrul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhir......r advert to the finings arrived at by the trial Court nor did he consider the evidence adduced in the case as such the impugned judgment of reversal is not a proper judgment of reversal in the eye of law as such the same amounts to error of law which has resulted in an error in the decision occasion..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....ervice of notice of proclamation, of sale, possession, etc could be settled. 16. In that view of the matter, it appears that the lower appellate Court committed error of law occasioning failure of justice in not allowing pre-emption of the case land in favour of the petitioner with the condition ......aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517....... Vs. Md. Nurul Islam……………………………………………………………..Opposite Party Judgment June 26, 2002. Result: The Rule is made absolute. Cases Referred to- Basarat Ali Mondal and others Vs. Messem Ali Biswas and another, 6 DLR 589; Saroop Singh Vs. ......n the said case pre-emptees resisted the pre‑emption on the ground that the kabala by which the pre-emptee co-sharers, Messem and Yusuf, acquired interest in the holding was void and inoperative in law, inasmuch as, the registration of said kabala was effected in a sub-registry office which had ..Category: Property Law | Date: | Hits: 132
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
....alex). Reasons presuppose logic. Reasons are links between the materials on which certain conclusions are based and the actual conclusion. Recording of reason is the only safeguard against possible injustice and arbitrariness. The summary manner in which learned Subordinate Judge disposed of the Mis......ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515..............................Petitioner Vs. Bidhan Chandra Mondal............................Opposite Party Judgment July 17, 2002. Result: The Rule is made absolute. Cases Referred to- Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involve......ding laid under Order IX, rule 9 of the Code springing out of Pre‑emption case presented under section 96 of the State Acquisition and Tenancy Act (hereinafter referred to as The Act) is tenable in law. 2. Question involved and verdict proposed to be given does not demand detailed disclosure of..Category: Procedural Law | Date: | Hits: 104
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
............Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………Respondents
Judgment
May 10, 2001.
Result:
The Rule is disposed.
Cases Referred to —
Kulchhinder Singh and others Vs. Hardayal Singh Brar and others, AIR 1976 SC 2216; Sharp......bitrarily and malafide and that can be scrutinised by this court in its power under Article 102 of the Constitution.
17. Article 27 of the Bangladesh Constitution postulates equality before the law providing that all citizens are equal before law and are entitled to equal protection of law. W..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......spondent No.2 as Managing Director of the Company, with a view to solve the financial crisis and for the better interest of the Company, subscribed the defaulting 50,000 shares of the petitioners and accordingly return was submitted to the Registrar of Joint Stock Companies and as such the defaulter......71. ......ondent Nos.2 and 3 are the present directors of the Company. 3. Respondent No.2 is the husband of petitioner No.1 and father of the rest petitioners except petitioner No.3 who is the son‑in‑law and nephew of respondent No.2 Respondent No.2 being the head of the family and the Company being..Category: Company Law | Date: | Hits: 225
75657564756375627561756075597558755475527549754775467543754275407538753775367535