Search Options
Judgment Advanced Search
Displaying 2581-2600 of 7097 results.
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... case of Mazharul Haq Vs. Ishaque Sardar reported in 14 DLR (SC) 251 and in the case of Nannu Gazi Vs. Awlad Hossain reported in 43 DLR (AD) 63. On the other hand, Mr. Serajul Huq has referred to the provisions of sections 169 and 170 of the Code of Criminal Procedure and has contended that the law ......g the 4 opposite parties, namely, Abdur Rouf, Md. Zahurul Haque, Abdul Awal and Gholam Rabbani alleging that on 17-10-95 at 6-00 AM the First Information Report named accused persons formed into an unlawful assembly armed with various weapons trespassed into the construction site of the informant su..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....de absolute. 6. Mr. Abu Salek, the learned Advocate appearing on behalf of the opposite party in the Rule, on the other hand, submits that the Election is required to be conducted according to the provisions of Local Government (Union Parishads) Ordinance 1983 and the Rules framed thereunder and ......repoll and on its basis declaration of the petitioner as Chairman being illegal and without jurisdiction the lower appellate Court set aside the judgment of Election Tribunal and there is no error of law. He added that after close of the polls in question, subsequent action of the Election Commissio..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....e District Judge, Bogra. 6. The appeal was sent to the Second Court of Additional District Judge, Bogra for disposal. In the appeal the appellant-opposite party No.1 filed an application under the provisions of Order 6, rule 17 read with sections 153 and 107(2) of the Code of Civil Procedure for ......) For a decree of mandatory injunction directing the defendant Nos.1 to 18 to reinstate him to the Office of the Principal of the College with all the back salaries and allowances allowable under the law, (ii) For adding 7 persons and the Government of the People’s Republic of Bangladesh as defend..Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....atement of Ahsan Ali is no confessional statement at all, it is neither inculpatory nor has even implicated the other accused and it was not voluntary and not recorded by complying with the mandatory provisions of law. 9. Mr. Khandker Mahboob Alam, the learned Assistant Attorney-General appearing......an Ali is no confessional statement at all, it is neither inculpatory nor has even implicated the other accused and it was not voluntary and not recorded by complying with the mandatory provisions of law. 9. Mr. Khandker Mahboob Alam, the learned Assistant Attorney-General appearing on behalf of ..Category: Criminal Law | Date: | Hits: 132
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
....nsion made by the government vide Annexure D was signed by Senior Assistant Secretary by order of the Government which was illegal as it violated Article 56 (3) of the Constitution. 13. The said provision of Article 56(3) of the Constitution is in the following language:- "56. (3) All execut...... of terror the detenu, as Upazila Chairman, supported the said party. In this respect also Mr. Biswas pointed out that nothing was mentioned how the detenu supported the Sharbahara party or their unlawful activities. 8. The third ground was that the Muladi people were fed up by his oppression a..Category: Criminal Law | Date: | Hits: 117
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......ged bainapatra in the plaintiffs suit is a surveyor by profession and an uncle of the plaintiff. The attesting witness Shahadat is the plaintiff’s cousin and another witness Akabbar is brother-in-law of the plaintiff. The plaintiff-petitioner Md. Chand Mia by using the name of the plaintiffs fat..Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
.... Court must be constituted with 3 (three) Members including a Chairman who are to be differently qualified and of different categories. There is no scope for meaning the word 'shall' as 'may'. No provision has been made in the Ordinance that in the absence of one of the members the Chairman and ......y the Chairman and one Member of the Court of Settlement under Abandoned Building (Supplementary Provisions) Ordinance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed the..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....), shall be paid wages for the day or days by which it will exceed one working day, and if the stoppage of work extends beyond three working days, the workers may be laid-off in accordance with the provisions of section 9 and as such lay-off shall be effective from the date of stoppage of work and......rticle 102 of the Constitution and obtained the present Rule. 6. Mr. Md. Khalilur Rahman, the learned Advocate appearing for the petitioner, submitted that the learned Labour Court acted without lawful authority in allowing the application and failed to notice that the petitioner stopped th..Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....daughter defendant No.1 Lal Banoo executed on 7.6.1939 in favour of Korfulnessa and her husband defendant No.20 Amjad Ali transferring plot Nos.953, 545 and 632 measuring 1.31 acre. Ext. B-B(5) are provisional rent receipts showing payment of rents for the Bengali Year 1362, 1363,1364, 1365, 1366 ......39 A.D. corresponding to 24th Jaistra 1346 B.S. of plot No.953 (having tin hut), plot No.545 and plot No.632 of Mouza Jatrabari (Khatian No.48) to her daughter defendant No.1 Lal Banoo and her son-in-law and Lal Banoo's husband, added defendant No.20, Amjad Ali by registered deed of gift. Defendant ..Category: Property Law | Date: | Hits: 135
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....on passed on 26.9.1988. 13. Nowhere the learned Judge has mentioned in his order that he passed the impugned order under section 151 of the Civil Procedure Code for the ends of justice and or that provision under Order 39, rule I being not applicable he exercised the inherent powers under secti......rgues that the application under section 115 of the Code of Civil Procedure is not maintainable inasmuch as the order under Order 39, rule I, being an appealable order, no revision lies thereto under law. 4. Let us see what is meant by 'preliminary point'. The expression 'preliminary' in Order X..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....xclusion must either be explicitly expressed or clearly implied. It is also well settled that even if jurisdiction is so excluded, the Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conf...... the dicta laid down in the Privy Council decision in the case of Secretary of State Vs. Mask and Co., 44 CWN, 709. The following paragraph of this decision is worthy of quotation:- "It is settled law that the exclusion of the jurisdiction of the Civil Courts is not to be readily inferred, but th..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....Limited, the owner of MV Daizu Maru, chartered the vessel in favour of Trigonmar Group SA, that Optima Chatering Ltd. signed the charter-party on behalf of the charterer, that in accordance with the provisions of clause 70 of the said charter party the charterers were under an obligation to supply ...... bunkers either to get credit before he makes any supply or ensure that he will be paid from the time charterer or anybody else on his behalf. But if he supplies, without ensuring his own payment the law will not help him, because law will not help an indolent who is not himself diligent enough in h..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
.... and daughters and wife are residents in the homestead situated on the suit land which is 0.0900 Ajutansha. It is stated by Mr. Noab Mia that the plaintiffs have no other land to live upon.
4. The provision of section 6 of the Ordinance No.10 of 1984 reads as follows:
“No eviction from Homes......collusively which does not impart any title to the plaintiff. It is on record that the suit property was made enemy property by order dated 3-12-65 in EP case No.195. Subsequently it, by operation of law, became vested and non-resident property. Ext. (A) shows that Abdul Gafur vendor of the plaintif..
Category: Property Law | Date: | Hits: 130
Anuj Choudhury & others Vs. Sailendra Kishore Chowdhury and others, 1998, 27 CLC (HCD)
....practices in Moakhali Court and lives at Dhaka and Chittagong. Moreover, before being an executor he went on threatening these present petitioners to oust them from their ancestral properties. As per provision of the will he being an addicted in alcohol can not be an executor and his own uncle Rames......Mr. Nikhilesh Dutta, the learned Deputy Attorney-General appearing in the case for the petitioners, since the Government is not involved, submits that the learned District Judge committed an error of law in passing the impugned order rejecting the applications without assigning any reason for the sa..Category: Property Law | Date: | Hits: 106
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....s present Rule has been obtained by the plaintiff petitioner. 9. Mr. Barua, the learned Counsel for the petitioner submits that in dismissing the suit itself, the trial Court has acted against the provision of Order 9 rule 3 of the Code of Civil Procedure. 10. Order 9 rule 3 of the Code of Civ......made an application in the court, as referred above treating the position as absence of the plaintiff, which is apparently illegal. So dismissal of the suit on that count is not tenable in the eye of law. He further submits that according to the provision of Order 16 rule 10(1)(3) of the Code, the t..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....injury, may sue to have it adjudged void or voidable and the court may in its discretion, so adjudge it and order it is to be delivered up and cancelled.” So the suit has been filed under the provision of section 39 of the Specific Relief Act and it is very much maintainable. Mr. Mondal, cit......ncidents of a contract of sale. Accordingly, possession is not required to complete the transfer as it is in the case of a heba, and an undivided share (mushaa) in property capable of division may be lawfully transferred by it though this cannot be done in the case of a heba (y) Two conditions, howe..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....nsels for a reasonable length. Perpetual injunction is to be granted under section 54 of the Specific Relief Act. It reads as follows: “Perpetual injunction when granted: Subject to the other provisions contained in, or referred to by, this Chapter, a perpetual injunction may be granted to p......t. Appellate Court found that the plaintiff could not prove even prima facie title over the entire suit land. Appellate Court also opined that the plaintiffs possession in the entire suit land is not lawful. In fact the appellate Court found title and possession of the plaintiff in respect of said 0..Category: Property Law | Date: | Hits: 103
Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)
....nite period in suspension. He submits that this is undesirable. On reference to his application for renewal of his membership I do not find that any final order has been passed which has violated any provision of rules of the Bar Council Act, 1974 or Article 38 of the Constitution. It appears from A......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ..Category: Others | Date: | Hits: 143
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......tablished between him and the plaintiff. The plaintiff was once married with one Abdul Salam by a registered kabinnama and after some time of the marriage she eloped with one Abul Quashem, brother-in-law of her husband Abdus Salam. The brother of the plaintiff was an employee of the defendant and he..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....ation to supply him with the list of assets and liabilities of the Company, the Managing Director submitted his statement on 21.5.91 stating, inter‑alia, that the Company was nationalised under the provision of PO 27 of 1972 and the same was denationalised on 9.1.83 pursuant to an agreement betwee......sdiction to sell the mortgaged properties outside the Court and Article 3 of the said Order provides that the provisions of the BSRS Order will have effect notwithstanding the provisions of any other law; that BSRS as a secured Creditor realised its securities without the intervention of the Court a..Category: Company Law | Date: | Hits: 317
73997398739773967395739473937392739173907389738873867382738073797378737773767375