Search Options
Judgment Advanced Search
Displaying 2661-2680 of 3456 results.
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....out of fear. It appears that PW1 made no such statement and the High Court Division instead of noticing the contraÂdiction on this point between the evidence of PW1 and PWs 3 and 19 misled itself by holding as above. The High Court Division also failed to notice that except PWs 3 and 19 no other wi......e apparently very cordial and one of them, Abu Taher, adÂdressed him as uncle (Mama). Zafar sat by their side; during the talk that followed, Abu Taher requested Zafar to abandon Abdul Bari and come over to his side but he stoutly refused whereupon appellant Akhtarul Huq caught Zafar by the throat ..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....suit register being not correct since there is no provision for destruction of the suit register and that plaintiffs having not called for the suit register the High Court Division was in error in holding that the suit register was called for on the application of the plaintiffs and thereupon re......in revisional jurisdiction. The High Court Division on the findings that the Court of appeal below was in serious error in disbelieving the Exhibits 1 and 2 placing reliance on Exhibit 'Lima' upon overlooking the material fact that the register of the Rent Suit No.1801 of 1952 was destroyed, tha..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....High Court Division has already been quoted hereinbefore. 14. It was the contention of the defendant-appellant before the High Court Division that the trial Court was in serious error in not holding that the defendant-appellant and the respondent No. 2 were all through willing to perform t......f decree i.e. 28-4-1993, the soleh decree became void and inoperative, that the plaintiff has filed the suit within 12 years from the date on which the soleh decree became unenforceable seeking recovery of khas possession and, as such, plaintiff's suit is not barred by limitation, that plaintiff..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....sition and Tenancy Act and an appeal lies against the said order within 30 days which was not filed by the defendant. Section 117 of the State Acquisition and Tenancy Act relates to Sub-Division of holding and restriction thereon. Mutation proceeding and Sub-division of holding are not iden......usion with others filed criminal cases against the plaintiff but he was acquitted, that defendant No.2 filed Title Suit No. 170 of 1980 claiming easement right over the suit laud but the same was dismissed for default, that Bipin Chandra filed Title Suit No. ..Category: Property Law | Date: | Hits: 35
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....application for transfer before the Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, the learned Judge of the High Court were wrong in holding that respondent No 1 had no duty to stay the proceeding in the midst of the trial and the l...... the Chairman of the aforesaid Union Parishad Wherein the appellant along with Chand Meah and two others were the contesting candidates. The appellant was declared elected by a margin of 120 votes over Chand Miah, the next nearest candidate who challenged the election before the Election Tribuna..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....ion. Occupation in section 6 means occupation by the applicant himself. Section 11 of the Act runes thus: “11. The Urban immovable property Tax shall be paid by the owner of the holding in respect of which it has been levied.” 5. So, if section 6 is read with s......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....e provision of Section 114, illustrating (f) of the Evidence illustration Act and provision of Section 27 of the General Clauses Act in the background of the facts and circumstances of the case in holding that notice sent by registered post was duly and properly served on the appellant alth...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....he learned Attorney General merit consideration. Leave is therefore granted to consider the following grounds: “For that the Single Bench of the High Court Division erred in holding that the lower Appellate Court did not consider the question of limitation and no suc......application under order 41 Rule 19. 4. Mr. A. J. Mohammad Ali, learned Attorney General appearing on behalf of the petitioners submits, inter-alia, that the suit property was acquired by the Government vide Gazette Notification dated 2.4.1956 and vested in the defendant No. 1 under section..Category: Property Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... a naraji petition, it is not a letter simpliciter, it is an application based on certain facts and circumstances of the case and as such the learned Judges of the High Court Division are wrong in holding that the order of the learned Chief Metropolitan Magistrate dated 28-05-1998 is not a legal...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....ncomplete and inconclusive notes of subordinate officers not approved by the proper -authority and the further submission that the learned Judges of the High Court Division erred in law in not holding that the review petition was barred by limitation and the submission that the learned ...... ..Category: Banking Law | Date: | Hits: 124
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....d documentary, has established her possession in the land in suit and the papers filed by the defendants in support of their claim of possession in the land in suit are not related to the holding number of the land in suit, that plaintiffs suit is not bad for defect of party, that the p......he death of her mother Zeon Bibi, that defendants produced the original document of title from their custody namely registered deed dated 8.2.1950 and 6.9.1950 which are being document of over 30 years the High Court Division was in error in holding that the courts below on proper cons..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....nd pleadÂers'. Rule 1 thereof provides that appearances, etc. in any Court may be in person, by recognised agent or by pleader. Rule 2(a) provides that one of such recÂognised agents may be persons holding powers of atÂtorney, authorising them to make and do such apÂpearances, etc. Rule 4(1) the......cts of the case." Md. Sirajul Huq has not claimed himself to be cither the Secretary, or a director or a principal offiÂcer of the plaintiff-Company and so his signature on the plaint is not covered by the provisions of Order XXIX rule 1. Companies, however, are not excluÂsively governed by..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....with that of the six members, has been published in the impugned Notification. 5. Facts as stated above are not disputed. The sum and substance of the contention of Mr. Zakir Ahmed is that without holding election for ChairÂman in the remaining Ward, namely Ward No.1, the Returning Officer had n......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....ely stated in the petition of complaint that the cheque is lying with him (complainant). 5. The learned Advocate has submitted that the High Court Division ignored all these facts and erred in not holding that the proceeding was harassing, mala fide and an abuse of the process of the court. He al...... as there was no money in the account, the appellant paid Tk. 15,000/- in cash upon taking back two of the cheques. These stateÂments clearly show that the parties were in usual business transaction over a period of time which at times was carried on the basis of trust. The claim of money made by t..Category: Criminal Law | Date: | Hits: 59
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....cordance with law. If the question would have been purely one of believing the document of contract and other evidences on record, then of course, I would not have ventured to determine the issue by holding it as one of pure question of law. The broad and esÂsential approach in such a case of cont......on receipt of the balance consideration money after obtaining inÂcome-tax clearance certificate and on payment of capÂital gains tax, etc. Defendant No. 2 on behalf of deÂfendant No. 1 also handed over a sheet of plain paper containing the Khatian and plot numbers of the suit land to enable the a..Category: Property Law | Date: | Hits: 50
Abul Khair Vs. State, 2005, 34 CLC (AD)
....ent to the Court of Sessions Judge upon which Sessions Case No.8 of 1989 was registered. Since all the accused were in abscondence, the Court of Sessions, after observing the procedure relating to holding trial in abstentia, proceeded with the trial and at one stage of the trial the appellant an......r appeal being Criminal Appeal No. 19 of 1989. The High Court Division heard the Death Reference and the above appeal analogously and during hearing found that the defence lawyer appointed by the government was not given sufficient time as well as opportunity to enable him to prepare for the cro..Category: Criminal Law | Date: | Hits: 52
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....idas Karmaker to whom the land in suit belonged, that he owned and possessed the land upon mutating his name in the revenue record and in other official records and paid rent as well as the municipal holding taxes, that he let out portion of the suit property to the monthly tenants including the def......endants' side there was no challenge as to the genuineness of the passport and the entries therein. It may be mentioned Jatindra Mahan Roy visited Bangladesh on the basis of a passport issued by the Government of India on July 26, 1978 and upon referring to the Ext.14 and the entries therein the lea..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....gladesh and designed to frustrate the Title Suit No.276 of 2003 filed by the petitioners for declarations with prayers for an order of temporary and ad-interim mandatory injunction, erred in law in holding that the distributorship of plaintiffs (petitioners) was already terminated and as such th......ted 9.11.2003 of the Senior Assistant Judge, Second Court, Dhaka granting temporary injunction restraining the defendant-respondent Nos. 1-3 from dealing and/or making any transaction underhand or overhand in any manner with any person or person in respect of Birla Brand Tyres and the order date..Category: Business or Commercial Law | Date: | Hits: 100
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....by him at a later date for any purpose whatsoever" and further in the case of Bangladesh Agriculture Development corporation Vs. Abdul Barak Dewan the Appellate Division interpreted said rule holding that "Rule 9 of the service Rules sets a bar to a change of the date of birth of the i......ion of the petitioner from service without notice or any proceeding is violative of the principles of natural justice and also the law and rules prescribed for such Headmaster of a recognized Non- government High School. 5. As it appears the High Coat Division found that in the colu..Category: Employment/Service Law | Date: | Hits: 82
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
.... he moved the High Court Division under sec. 561A of the Code for quashing the proceedings. The High Court DiviÂsion by the impugned judgment and order dated 29 January 1990 rejected the application holding that provisions of sec. 339C of the Code would not apÂply to his case which is exclusively ......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ..Category: Criminal Law | Date: | Hits: 58
23082304230223012299229822912290228622832276227522742273227122692263226222592256