Search Options
Judgment Advanced Search
Displaying 2601-2620 of 7097 results.
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....n admitted fact that an area of 32.50 acre of land including the disputed land was requisitioned by the respondent No.2 Deputy Commissioner, Dhaka on 10.4.1950 in LA Case No.29 of 1949‑50 under the provisions of section 3 of the East Bengal (Emergency) Requisition of Property Act and subsequently ......w cause as to why acquisition notice dated 24.9. 1951 published in the Dhaka Gazette dated 4.10.51 (Annexure‑C to the writ petition) should not be declared to have been issued and published without lawful authority and to be of no legal effect and why they should not be directed to cancel the same..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
....equired under section 339C. 32. Mr. SMG Amirullah Chowdhury, the learned Advocate for appellants submits that the trial has become without jurisdiction and the conviction is illegal in view of the provision of section 339C CrPC. The contention of the learned Advocate seems to be correct. 33. T......his daughter. He also denied the suggestion that victim Abdul Aziz wanted to marry Chabi, daughter of the informant and for this he was killed by the informant himself. 17. P.W.6 is the son‑in‑law of the informant Abdul Hamid. He said in cross‑examination that his sister‑in‑law Chabi wa..Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....f hearing nobody appears on behalf of the assessee applicant. In this situation we are to see whether the High Court Division can decline to answer the question. This leads us to examine the relevant provision of law. Where a reference is made relating to question of law arising out of the order of ......ody appears on behalf of the assessee applicant. In this situation we are to see whether the High Court Division can decline to answer the question. This leads us to examine the relevant provision of law. Where a reference is made relating to question of law arising out of the order of the Tribunal ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......forward at the time when the evidence was recorded does not prevent the court from accepting it, if the plea gets support from the prosecution evidence. 20. The basic assumptions underlying the law of private defence relevant in this case are that under section 97 of the Penal Code every perso..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
.... 3. The defendants appeared in the suit and riled an application under Order 7 rule 11 of the Civil Procedure Code praying for rejection of the plaint on the ground that the suit was barred by the provisions of Arbitration Act, 1940. It is stated in the application that the petitioner‑defendant......e 11 (d) of the Code of Civil Procedure. 5. It is submitted by Mr. Dewan AMS Zaman, the learned Advocate Appearing on behalf the plaintiff-appellant, that the learned Subordinate Judge erred in law in holding that the suit was barred under Article 158 of the Limitation Act. The learned Advocat..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....s submissions which will be referred to at appropriate places. 13. Mr. Q A Hossain, the learned Assistant Attorney‑General appearing for the State, on the other hand, submits that there is no provision for notices to show cause or hearing in the matter of cancellation of a tender and for tha......ugned order dated 13.10.87 (Annexure‑K) issued by the respondent No.1 Executive Engineer, City PWD Division, Dhaka 15, Abdul Ghani Road, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The dispute centres round the cancellation of l..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....accordingly allowed the appeal and set aside the order of the authorised officer with the observation that the appellant Abdul Baten is entitled to have his alienated land in question restored as per provisions of the said Ordinance. There is, however, no direction in the order as to the re‑paymen...... the learned Advocate appearing for the petitioner, has raised a number of points and submitted that the learned Munsif has by setting aside the authorised officer's order committed serious errors of law which have resulted in erroneous decision occasioning failure of justice. His first contention i..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....n 10.1.88 he was not qualified to file nomination paper before the Returning Officer under section 7(2)(g) of the said Ordinance. He further submits that since he was disqualified under the above provision of law his holding of office as Chairman of the said union parishad is illegal and unautho......the Gazette Notification made by respondent No.2 declaring the respondent No.1 as the Chairman of the said union parishad as contained in Annexure 'F' should not be declared to have been made without lawful authority and to be of no legal effect. 2. Facts of the case are that the petitioner in hi..Category: Election Law | Date: | Hits: 216
.... provides that subject to this Act, no proceedings, order or decision of a Tribunal shall be liable to be challenged, reviewed, quashed or called in question in any Court Section 11 provides that the provisions of this Act shall have effect notwithstanding anything contained in any other law for t...... our Constitution contained in Part VI, Chapter III deals with Administrative Tribunals. Article 117 is as follows:-
"117. (1) Notwithstanding anything herein before contained, Parliament may by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters ..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....da but ignoring the said legitimate objections, the respondent No.2 served a notice for holding of the Annual General Meeting of the company for the year 1985 on 28.2.88 in gross violation of the provisions of section 79 of the Companies Act, 1913 and the Articles of Association of the respond......of Directors as stated in paragraph 7 of the petition refers to the Hon'ble High Court's decision in the case reported in 39 DLR 1987, 1. Referring to that decision Mr. Zakir Ahmed has submitted that law in this regard has been spelt out by the Division Bench of this Court in the case of Bangladesh ..Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ...... in fact gave no reason as to why Ibrahim should be convicted and therefore, this order of conviction and sentence need be interfered with for the ends of justice as it cannot stand the scrutiny of law. 6. Heard the learned Advocate and examined the documents and the evidence on record. It appe..Category: Criminal Law | Date: | Hits: 97
....roceedings nor could take recourse to a ground which is the subject-matter of trial in a criminal case. He further submits that as the criminal case is pending against the detenu the application of provision of Special Powers Act cannot be attracted for the purpose of detaining the detenu. Moreove......o why they should not be directed to bring the detenu Shah Alam Chowdhury now being detained in Dhaka Central Jail before this Court to satisfy itself that he is not being held in custody without any lawful authority.
2. The case of the petitioner is that, the petitioner is the wife of the dete..
Category: Criminal Law | Date: | Hits: 100
....y the Revenue Officer under section 88A of the Bengal Tenancy Act. The question arose whether the order of the Revenue Officer could be held to be without jurisdiction for non-compliance with certain provisions of section 88A of the Bengal Tenancy Act, in a collateral proceeding pending before the C...... in the service of the Republic:
Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic ..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....es of Abdul Rouf (7 DLR 26) and Moyenuddin Sarker (unreported till then) that no appeal can lie unless the right has been expressly conferred by statute, and that a Court cannot override an express provision of law under colour of inherent power." 11. Section 104 of the Code of Civil Proced......udgment and decree passed by Mr. M.A. Rahman, District Judge, Kushtia on 27.4.81 & 29.4.81 respectively and sent back the case on remand to that appellate Court for rehearing in accordance with law in the light of evidence already on record and observation made therein. The teamed District Jud..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
.... cargo it was the duty of the consignee to locate the same following nil mark procedure and the consignee not having been done so his client has no responsibility for the loss of goods in view of the provisions of sub-rules (f) and (g) of Rule 64 of General Rules and Schedules for Working of Chittag...... that for want of notice under section 109 of the Chittagong Port Act, 1914 the suit was barred against the defendant No.3 the Trustee of the Port of Chittagong and the lower appellate Court erred in law in decreeing the suit against the defendant No.3, the appellant. He further contends that there ..Category: Business or Commercial Law | Date: | Hits: 397
....No.3. It has been stated that the Executive Officer of the Kishoregonj Sub-Divisional Multipurpose Society by a memo dated 17.11.80 submitted a proposal for acquisition of the disputed land under the provisions of Ordinance No. II of 1982. This very statement is a contradiction in terms, because the......xure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in poss..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......risdiction on this Court to give a finding of fact on a matter which is basically an election dispute and on which a finding can be arrived at only after taking evidence by a special forum created by law to adjudicate upon disputes of this kind. We, therefore, cannot give any opinion or finding as t..Category: Election Law | Date: | Hits: 215
....Ordinance, 1985 (Ordinance LIV of 1985) provides that the Court of Settlement shall consist of a Chairman and two other members who shall be appointed by the Government.
4. In view of the above provision of law, the disposal of the case by the Chairman along with one member only shall certainl......2-1-89 in Case No.774 (Ka-446 Mirpur 1 & 2 Section) and Case No.574 (Ka-446 Mirpur 1 & 2 section) of 1987 passed by respondent No.1 Annexure-A should not be declared to have been made without lawful authority and is of no legal effect.
2. The Government of the People’s Republic of Ba..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....such party, or to one of his family or servants at his residence, or if such tender or delivery in not practicable affixed to a conspicuous part of the property.” 9. It appears from the above provision that in case of a monthly tenant the tenancy can be terminated by 15 day’s notice expiri...... notice being not given with reference to Bengali calendar month and also being not issued terminating the tenancy with the expiry of Bengali month the said notice is not a valid notice in the eye of law and, as such, in the absence of valid notice, the plaintiff was not entitled to get a decree of ..Category: Property Law | Date: | Hits: 101
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......02 of the Penal Code against the appellant and proceeded with trial in absentia, as the appellant was found absent from the very initiation of the case. The trial Court also appointed a State defense lawyer to defend the accused in trial. In order to prove its case, the prosecution examined as many ..Category: Criminal Law | Date: | Hits: 102
73747373737273717370736973687367736673647363736273617360735973587357735673557353