Search Options
Judgment Advanced Search
Displaying 2661-2680 of 7133 results.
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ....................................Petitioner Vs. Fazlul Haque Bhuiyan & Others........Opposite Parties Judgment August 16, 1989. Result: The Rule is made absolute. Cases Referred to- Bristol South-East Parliamentary Election, (1961) 3 A E L R 354; Sanaullah Vs. Election Tri......er on 9.1.88 and his resignation was duly accepted on 10.1.88 and thereafter there was nothing left for him to do anything else in the matter. As such both the Tribunals below committed an error of law in not accepting his resignation as a final and conclusive one. 5. Both the Tribunals below ..Category: Election Law | Date: | Hits: 187
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......ted by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Mrs. Sajeda Parvin ......6/1, Dhaka Nagar Lane, Dhaka, now detained in Chittagong Jail, should not be brought before this Court, so that this Court may satisfy itself that the said detenu is not being held in custody without lawful authority or in an unlawful manner. 2. The petitioner Mrs. Alam Ara Huq is the wife of the..Category: Criminal Law | Date: | Hits: 107
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....ted in 7 DLR 466 wherein it has been held that "If a case does not come under rule 23 or rule 25 of Order XLI of the Code of Civil Procedure or any other provisions of the Code, the Court for ends of justice, can resort to its inherent power under section 151 of the Code. The Code of Civil Procedure...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......……………Petitioners Vs. Sahajuddin Mollah and others……………………Opposite Parties Judgment February 12, 1995. Result: The Rule is disposed of. Case Referred to- Tripura Charan Choudhury and other Vs. Girish Chandra Choudhury, 7 DLR 466. Lawyers Involv...... it should be presented to a Court having pecuniary jurisdiction at the relevant time when the suit was filed and was beyond the jurisdiction of the Munsif. Now a question may arise what provision of law it should be sent back to the trial Court for trial as stated above. In the case of Tripura Char..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....id to have acquired any right, title or interest on the basis of such transfer, and, as such, the Court of appeal below committed error of law resulting in an error in the decision causing failure of justice in affirming the Judgment and decree of the trial Court. The learned Assistant Attorney‑Ge......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......c Works and Urban Development................Petitioner Vs. Israt Jahan Kazal ............Opposite Party Judgment February 8, 1995. Result: The Rule is discharged. Cases Referred to- Abdur Rashid and others Vs. Government of Bangladesh and others, 27 DLR 614. Lawyers Invol......142 of 1972 and the plaintiff’s opposite party cannot be said to have acquired any right, title or interest on the basis of such transfer, and, as such, the Court of appeal below committed error of law resulting in an error in the decision causing failure of justice in affirming the Judgment and d..Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......ld further investigation will be necessary. 16. Having given our consideration to the materials on record and the law, we find no merit in these two revisional applications. These two Rules are accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the l......vision No.1127 of 1994) Khondker Mahbub Hossain, with Abdul Aziz Chowdhury, Advocates‑ For the Opposite Party Nos. 2 and 3 (In Criminal Revision No.1129 of 1994). Md. Abdur Rouf, Assistant Attorney-General - For the State. Criminal Revision No.1127 of 1994 with Criminal Revision No.1129 ......minal Revision No.1127 of 1994 with Criminal Revision No.1129 of 1994. Judgment Mahmudul Amin Chowdhury J.- These two Criminal Revisions are taken up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......n Talukdar J State…………………….Appellant Vs. Lokman Miah......................Respondent Judgment April 17, 1995. Result: The reference is rejected. Cases Referred to- Palvinder Kaur Vs. State of Punjab, AIR 1952 (SC) 354; Naukar Mouledino Vs. Emperor, AIR 1937......cording the confessional statement and after completion of the confessional statement he was remanded to the jail custody. He denied the suggestion that the confessional statement was not made as per law. 16. P.W.10 Md. Ayub Ali, Sub inspector of police proved cotton cloths Ext.I,14 bombs Ext. II..Category: Criminal Law | Date: | Hits: 73
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......ent November 27, 1995. Result: The Rule is discharged. Lawyers Involved: Kazi Golam mahbub, Abdus Sobhan with Mamnur Rashid, Advocates ‑ For the Petitioner. AS Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoq......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146........Opposite Party Judgment January 15, 1996. Result: The Rule is discharged. Lawyers Involved: Khan Saifur Rahman, Advocate ‑ For the Petitioner. Abdus Salam Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.232 of 1990. Judgment Kazi Ebadul Ha...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146...Category: Procedural Law | Date: | Hits: 99
.... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
......he case to the learned Chief Justice with a recommendation to constitute a Full Bench of five Judges to consider the case on the ground that the question involved was of immense public importance and accordingly, the learned Chief Justice constituted a Full Bench for hearing and disposal of the matt......ouf, Chief Election Commissioner of Bangladesh Election Commission and others………………………Respondent
Judgment
June 5, 1995.
Result:
The prayer is refused.
Cases Referred to-
Nurul Huda Vs. Bahauddin and others, 1989 BLD 271; Mr. Nazimuddin Vs. State, 30 DLR 49; Anwar......olding the office of the Judge of Supreme Court of Bangladesh and also his authority in holding the office of the Chief Election Commissioner of Bangladesh at the same time, a substantive question of law as to the interpretation of the constitution of the Republic has arisen. The learned Advocate su..
Category: Procedural Law | Date: | Hits: 136
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
.... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143....... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143....... Result: The Rule is made absolute. Lawyers Involved: Sk. Atiar Rahman, Advocate - For the petitioner. Md. Shamsul Huda, Advocate - For the Informant. Syed Matiul Islam, Assistant Attorney-General - For the State. Criminal Revision No.1064 of 1992. Judgment AKM Sadeque J.-......ition against cognizance of an accused until they have been sent up by the Magistrate after taking cognizance. The learned Advocate for the informant‑opposite party could not refute the position of law but so far as the observation of the learned Magistrate in his order against which the revisiona..Category: Criminal Law | Date: | Hits: 92
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....ut 8 years on their application under section 151 CPC passing the impugned order by the trial Court the order is apparently illegal and has resulted in an error in the decision occasioning failure of justice. 7. Mr. Abdul Halim, the learned counsel appearing on behalf of Mr. Enamul Huq, another ......করিয়াছে। দরখাস্ত এদেশের জন্য পেশ করা গেল। Heard. Prayer is allowed on considering the circumstance. Amend the plaint and register accordingly.” 4. Thereafter since the defendants did not file any written statement, to contes......u Sayeed Ahammed J Abu Sama..............Petitioner Vs. Abu Syed and others...........Opposite Parties Judgment June 25, 1995. Result: The Rule is discharged. Cases Referred to- Tripura Charan Chowdhury and others Vs. Girish Ch. Chowdhury, 7 DLR 466. Lawyers Involved......f opposing the rule which has been issued against an order which has passed by the trial Court against the interest of all opposite parties 1-5 is being given up, it cannot be accepted. A question of law is involved including the matter as to whether the impugned order is legally sustainable in law ..Category: Procedural Law | Date: | Hits: 124
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....ts that since the deed in question (Ext. 1) contains the stipulation that it Is a deed of exchange the Courts below committed error in law resulting in an error in the decision occasioning failure of justice going beyond the recitals of the deed itself in finding that it was a deed of sale and not o......as been made with intention to defeat her right of pre‑emption. 3. The case of pre-emptee opposite party 1 now Petitioner is that the sale in question is pure and simple exchange and the deed is accordingly Prepared, executed and registered and was acted upon and that the pre-emptor is not a co......r Vs. Golapjan Bewa and others……………………………Opposite Parties Judgment July 1, 1995. Result: The Rule is discharged. The pre-emption is allowed. Cases Referred to- Sree Radha Raman Karmaker Vs. Hari Mohan and others heard along with Sufi Golam Mohiuddin Vs....... learned Counsel appearing for the pre‑emptee transferee, submits that since the deed in question (Ext. 1) contains the stipulation that it Is a deed of exchange the Courts below committed error in law resulting in an error in the decision occasioning failure of justice going beyond the recitals o..Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....ach a law which the court may consider to be the law, keeping in mind the principle that any interpretation which would lead to repugnancy need be avoided if it can be so avoided, without doing any injustice to other provisions of the Act. 13. Article 48 of the Constitution provides that there......rectly prevents the people's representative by threat and intimidation of punishment from exercising their part freely and without hindrance as envisaged under Article 7 of the Constitution. It also, according to the learned Counsel, destroys election as a concept as contemplated under the Constitut......espondent (In all the Writ Petitions). Judgment February 13 and 18, 1992. Result: Writ Petition Nos. 2195 of 1991 and 2213 of 1991 are rejected summarily. Cases Referred to- Anwar Hossain Vs. Bangladesh; Madathil Ahmed Haji Vs. Muthana Kunshiram Kurup and another,......dent's Election Act, 1991 known as Act No.27 of 1991 should not be declared to be void being inconsistent with the provision of the Constitution and should not be declared to have been passed without lawful authority and thus of no legal effect. 3. The two writ petitions filed by Mr. Moudud Ah..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....tted serious error of law in determining the said question of title in favour of the plaintiff in this SCC Suit and as a result there has been an error in the decision Occasioning complete failure of justice. 6. Mr. Md. Abdul Majid, the learned Advocate appearing for the plaintiff‑opposite......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......MG Jilani…………Petitioner Vs. Md. Wahed Uddin Sardar........... Opposite party Judgment March 16, 1989. Result: The Rule is discharged without any order as to costs. Cases Referred to- Mohammad Salim Vs. Mohammad Siddiq Jamal & others 22 DL......turned to the plaintiff under section 23 of the Small Cause Courts Act as it involves the determination of the question of title, but the learned Small Causes Court's Judge committed serious error of law in determining the said question of title in favour of the plaintiff in this SCC Suit and as a r..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ...... Vs. The State ................Opposite Party Judgment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD)70. Lawyers Involved: Serajul Huq, A......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....ch a prosecution according against the employer And the Director is to be so satisfied at the placed before him and after proper enquiry with notice to all parties concerned. The principle of natural justice should be strictly followed in the matter of such inquiry and the Director shall not accord ......directed to appear before that court on 18th August, 1990. 9. It has been further stated that the respondent No.1 having, clearly found in Memo Annexure-G dated 42.90 that them was no scope for according permission to file any case against the petitioners, the reopening of the issue without an......n (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badiuzzaman J SM Shafiul Azam and others………………………Petitioners Vs. The Director of Labour and others…………………………Respondents Judgment June 11, 1991......tion of Criminal Case No.10 of 1990 on the basis of Annexure‑M and issuance of the summons contained in Annexures‑L and L(1) should not be declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. ..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....als placed before him by the prosecution. It is also submitted that the proceeding against the petitioner being an abuse of the process of the court, further prolongation of the case will result in injustice, hardship, harassment and hence to secure the ends of justice the proceeding is liable to be......cy do not disclose any offence of criminal misconduct against the accused petitioner. On the contrary those materials falsify any possible connivance of the petitioner in the matter of allotment, and according permission to transfer the land in question. It is submitted that the former President him......hmatullah...................Petitioner Vs. The State .................Respondents Judgment September 24, 1992. Result: The rule is discharged. Cases Referred to- Abdul Kader Chowdhury and others Vs. State, 28 DLR (AD) 38; Abdul Ali and another Vs. Stat......ds of justice. 18. We have gone through the facts and circumstances of the case as it appears from the FIR, charge sheet and other documents collected by the police during investigation and the law involved therein and we do not feel inclined to embark upon the discussion on the facts of the c..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....in, the learned Advocate for the petitioner submits that the courts below grossly misread the pleadings and fell into error in the matter of correct application of law resulting in miscarriage of justice. The learned Counsel further urged that pleadings warrant application of the provision conta......nd affection for her youngest daughter petitioner and on consideration that she would not inherit anything after her death, she (Plaintiff Opposite Party) intended to transfer one bigha of land and accordingly she voluntarily went to Gurudaspur Sub-Registrar's Office but land more than one bigha w................................Petitioners Vs. Nourjan Banu.................................Opposite Party Judgment December 9, 1986. Result: The Rule is made absolute. Cases Referred to- Asia Khatun Vs. Kutu Bewa, 6 DLR page 156; Daibakilal Basak Vs. Iqbal Ahmed, 1965 PLD Dhaka 4......uch and got her married for second time after petitioner was divorced by her first husband. Petilioner's 2nd husband used lo live in the house of the plainliff-opposite party as domesticated son-in-law and looked after plaintiff-opposite party and managed her property and household affairs. Peti..Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......n a rickshaw from Rose Anne Centre School at Banani, the petitioner with the help of 4/5 persons kidnapped her said minor son against her will. Thereupon she informed the Gulshan Police Station and accordingly G.D. entry No.618 dated 12.4.87 was recorded. She prayed for drawing up proceeding again...........................Petitioner Vs. Firdous Ara @ Sara...................................Opposite Party Judgment April 18, 1989. Result: The Rule is made absolute. Cases Referred to- Imambandi Vs. Mutsaddi, ILR 45 Cal (P.C.) 878; Ahmed Nawazl and others Vs. The State, 20 DLR ...... complaint against the petitioner before the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that she was married to the petitioner by a Registered Kabala Namah on 16.12.74 and out of the lawful wedlock a son was born to them on 12.10.80 and he was named Sakibul Hasan @ Mosu. The petitio..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.............Petitioner Vs. United Trading Corporation............................................Opposite Party Judgment May 29, 1989. Result: The Rule is made absolute. Cases Referred to- Moolchand Jothajec Vs. Rashid Jamshed Sons and Co., AIR 1946 Madras 346; Dharma Gauda Vs. Ga......ini was delivered lo the plaintiffs at Barisal........... Section 32 of the Arbitration Act is as follows:- "32. Bar to suit contesting arbitration agreement or award. - Notwithstanding any law for the time being in force, no suit shall lie on any ground whatsoever for a decision upon the ..Category: Civil Law | Date: | Hits: 142
73147312731073087307730673057304730373027300729972987297729672957294729372927291