Search Options
Judgment Advanced Search
Displaying 2581-2600 of 2687 results.
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....al amount was not paid, then he would be forced to take recourse to the court of law. A copy of his letter was sent to the Project Director for information and for doing justice in the matter. The prayer of the plaintiff was repeated on 20.7.61 by his letter, Exhibit C (3). The Executive Enginee......3,05,640 sft. and item No.3 it was 23,077 numbers. At Ujantia, the work required and allotted to the contractor was also similar in nature and at the same rate. In item, No. 1 the work was required for an area of 17,400 sft. in item No. 2 the work was required at about 38,160 rft and with regard ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....also mention that the learned Advocate for the opposite party is not obvious of the limited scope of interference under section 151 of the Code of Civil Procedure. He has accordingly made a prayer before me, as a measure of safeguard to the interest of his client, for an order that his cl......ompromise decree in Rent Suit No. 602 of 1962 in a proceeding under section 151 of the Code of Civil Procedure. 2. The decree set aside by the impugned order was rendered on 4-1-63 in the aforesaid rent suit purported to have been brought by Jagadish Bhattacharya and Parul Bala Debi for ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....e of the Death Reference No 15 of 1970 and the connected appeal No. 563 of 1970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Johar prayer, accused Shiraj Ali gave dao blows to Fajarjan Bibi, mother of the informant Abdun Noor and s......970. 2. The short facts of the case are, that on the 15th Aswin, 1372 BS(corresponding to 2nd October, 1965) after Johar prayer, accused Shiraj Ali gave dao blows to Fajarjan Bibi, mother of the informant Abdun Noor and she died instantaneously on the spot. The accused then injured his shala Tahi......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
.... Penal Code. 14. PW 5 Rokonuddin Sarkar is the brother of PW 1 Rahimuddin Sarkar and they live in the same house. He has stated that on the 5th Poush, 1374 BS after saying his 'Fajar' prayer, he was reciting the Holy Quaran. Suddenly he heard cries and went towards the house of Yasi......ondemned Prisoner. Death Reference No. 6 of 1970 and Appeal No 237 of 1970. Judgment: TH Khan J: This is a Reference under section 374 of the Code of Criminal procedure for confirmation of the sentence of death passed on the condemned prisoner Abdur Rashid under secti......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....d the defendants are paying rent to the Government and also got their name recorded in the PS Khatian. Under this circumstances it is contended that the plaintiffs' suit is not maintainable without a prayer for khas possession and the same is liable to be held as barred under section 42 of the Speci...... learned Additional District Judge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that they are tenants in respect of the suit property under the defendant No. 1 the ......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ts own provision After the dismissal of the appeal when this information was communicated to the petitioner the petitioner took steps in the matter and approached the respondent No. 2 with a fresh prayer for according registration to his document. In the meantime, the Ordinance 1 of 1964 had alr...... Judgment: Muksum ul-Hakim J: Sree Khetra Nath Majumdar and Sree Judu Nath Majumdar, sons of Rajendra Kumar Patwari sold 3.94 decimals of land to the petitioner for a total consideration of Rs. 9,000.00 the deed of sale was presented by the vendors before the ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....e decree. Defendant No. 2 came to learn about the ex-parte decree for the first time on 2-7-87 and then filed the Miscellaneous case for restoration of the suit. The decree-holder Bank opposed the prayer for restoration. 3. The learned Subordinate Judge while dismissing the Misc. case, b......ode of Civil Procedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ten years which the defendants failed to bring before the court so long. The defendants must take the consequence of their own laches. Moreover ther......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....ceased for substituting them, but he did not do it. The said heirs, however, themselves filed an application for substitution which was rejected on 10 July 1991 on the ground of limitation. Had the prayer been allowed the interest of the plaintiffs would have been saved. 4. Defendant No.1......;…..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay…......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....ly course open to the learned Judges was to dismiss the Miscellaneous Case for default of the petitioner. But that was not done which was quite improper. Furthermore, the appellant has alleged that a prayer for adjournment was made on behalf of the appellant, inter alia, on the ground that the same ......l Procedure, 1898 (V of 1898), Section 491 It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctor......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....o;ble Court.” 4. While the apology tendered by the editor and the printer/publisher was accepted, and the proceeding for contempt was dropped against them, the appellant’s prayer for mercy was turned down and he was found guilty of Contempt of Court taking the view: ......ed the 6th February, 1995 a suo motu Rule was issued on the 22nd March, 1995 by a Division Bench of the High Court Division calling upon the appellant, the editor and the printer/publisher of the aforesaid news paper to show cause as to why they s1 not be committed for Contempt of Court for publ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....ke or pass any order of ad interim or temporary injunction or any other order prohibiting or restraining the Sangstha or any of its officers from such taking over or transfer.” 9. It we look at prayer Nos. (a) and (b) of Title Suit No. 24 of 1993, it will be obvious that the said prayers are d......Procedure. The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for n...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
....rvice of notice of the appeal upon the non-contesting parties to the election petition. The petitioner raised objections thereto. 7. A Division Bench of the High Court Division allowed the prayer of the first respondent by an order dated 26 October 1997. The petitioner being aggrieved t...... Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain Advocate-on-Record—For the Respondent No.1. Not represented — Respondent Nos. 2 to 19. Civil Petition for Leave to Appeal No. 15 of 1998 (From the judgment and order dated 26 October 1997 pa...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ..Category: Election Law | Date: | Hits: 117
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
.... by this Division then it will result in a public mischief and in a disaster of unimaginable proportion in the administration of criminal justice. We have therefore no hesitation in acceding to the prayer of the learned Attorney-General. 12. While therefore affirming the impugned judgmen...... The Constitution of Bangladesh, 1972, Articles 102 & 116 (i) When a declaratory judgment is passed by a Court it is usually retrospective in nature, unless otherwise indicated. Therefore the interpretation of Article 116 of the Constitution given by the High Court Division will be...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....he deity and for substitution of all of them in place of the deceased Hem Chandra Chakraborty, plaintiff No.2. 5. By an order dated 17 July 1991 the learned Subordinate Judge rejected the prayer for substitution of Pradip Kumar Chakraborty as the next friend of the deity while allowing ......from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his t......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
.... he again lost his mental balance and the doctor upon examining him gave a report that he was suffering from mental disease and was unfit to perform his official duties. On 1-4-89, he submitted a prayer for invalid retirement whereupon a Medical Board was constituted which upon examination foun......... Respondent Judgment April 9, 1997. The Administrative Tribunals Act, 1981 (VII of 1981) Section 4(2) BSRS Part I, Rule 389 The Rules of Janata Bank only provide for certain benefits as are admissible to a government servant, Rule 389 BSRS Part I provides that ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ......l resulting in an injustice. For the above reason, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 138. ..Category: Administrative Law | Date: | Hits: 148
Emran Hossain Vs. State, 1999, 28 CLC (AD)
....dgment: Latifur Rahman: In Criminal Appeal No. 149 of 1998, a Division Bench of the High Court Division by its judgment and order dated 15-2-98 refused the prayer for bail of the accused-petitioner in pending Special Tribunal Case No. 290 of 1996 before t......ers Involved: Golam Mohiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Petition for Leave to Appeal No. 31 of 1998. (From the Judgment and order dated 15-2-98 passed by the......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....az Bhuiyan and Giasuddin came and heard about the occurrence. PW 3 Alauddin, PW 4 Somraj and PW 10 Malek were sent to Kishoreganj Hospital for treatment through PW 6 Khurshid. At the time of Zohr prayer a daroga (PW 18) came and PW 1 lodged the FIR, Ext. 1 to him. 6. PW 18 the daroga ma......s sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. The Court will see if sufficient direct evidence is there or not. If not, motive may be a matter for consideration, especially when the case is based on circumstantial evidence……(22)......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....aid tenant got the suit property declared as abandoned and succeeded in getting allotment in favour of his wife and thereafter the suit property was handed over to the defendant-petitioner. On the prayer of the plaintiff, however, the Ministry of Public Works released holding No. 2 from the aban......nbsp; ATM Afzal CJ.- Plaintiff-respondent brought Title Suit No. 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises and recovery of possession thereof......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....go on ad-interim bail. 2. The appellants voluntarily surrendered and filed an application for bail before the High Court Division. The Bench, which heard the matter, summarily rejected the prayer for bail on 1-8-94 observing that since the senior most bench had directed the appellants to......olved: Khondker Mahbub Hossain, senior advocate instructed by Shamsul Hoque Siddique, Advocate- on-Record – For the appellants. Mvi. Md. Wahidullah, Advocate-on-Record– for the respondent. Appeal No. 7 of 1995. Judgment ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..Category: Criminal Law | Date: | Hits: 57
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....position of the heavy cost upon the petitioner was not justified and the same may be set aside for ends of justice. Mr Nazrul Islam, learned Advocate entering Caveat for the respondent, opposed the prayer of Mr Sinha submitting that the writ petition filed by the petitioner had no merit at all be......ul Haq, Advocate-on- Record— For the Petitioner. AKM Nazrul Islam, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Petition for Leave to Appeal Criminal Appeal No. 34 of 1997. (From the Judgment and order dated 19-1...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
729728718712711710704703701700697692687685674673665653648639