Search Options
Judgment Advanced Search
Displaying 2701-2720 of 7208 results.
....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......cessary party and the carrier having not been made a party the suit suffers for defect of parties.
6. Mr. Sk. Abul Hossain, the learned Advocate appearing for the respondent submits that the legal questions raised by the learned Advocate for the apÂpellants are not at all relevant for the purpos......ounds for our consideration. Firstly, the learned Advocate submits that the appellant has rightly avoided the claim of insurance in the present case as the same suffers for non-disclosure of material facts and utÂmost good faith which is an essential pre-requisite for taking a marine insurance poli..
Category: Business or Commercial Law | Date: | Hits: 325
Syed Alim Mansur Vs. Registrar, Joint Stock CompaÂnies, 1989, 18 CLC (HCD)
....y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appliÂcation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......k Companies within 21 days from its creaÂtion. Thereafter the petitioner without delaying furÂther approached this Court for obtaining an order of extension for registration of the mortgage deed in question with the Registrar of Joint Stock CompaÂnies. I have given my anxious thought to the facts......ther approached this Court for obtaining an order of extension for registration of the mortgage deed in question with the Registrar of Joint Stock CompaÂnies. I have given my anxious thought to the facts and circumstances under which the deed in question could not be registered in time and also to..Category: Company Law | Date: | Hits: 191
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......sident Orders, the object and purpose of the suit having been frustrated, the petitioners prayed for withdrawal from the suit. The learned Subordinate Judge also took note of this aspect of the whole question and allowed the prayer for withdrawal very rightly. 11. Apart from the controlling power...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..Category: Procedural Law | Date: | Hits: 82
....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......t and proper...................."
16. The reasons for the limited Rule instead of according to the whole prayer of the petitioner in the writ petition are obvious. The jurisdiction of the court to question and set aside the order of dismissal of the petitioner by the CMLA under MLO 9 after declar...... should be disposed of by submitting FRT. Mr. Ahmed has been removed from service on the basis of these frivolous and machinated charges. He would certainly not have been removed from service if real facts (discussed as above) would have been timely mooted and placed before the authority. The said o..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......mir and Piyas without any corroborating reliable evidence can not be the basis of their conviction as has been done in the instant case and as such the same is not sustainable in law. 16. The real question that calls for determination is, whether the impugned judgment and order of conviction and ......aj and cropping up of strained and inimical relation between the deceased Akhter Hossain and accused Siraj and his sons attention of this PW-2 was drawn to the effect that she did not state all these facts to the Investigating Officer when the Investigating Officer (P.W.1) has confirmed that P.W.2 s..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ...... plaintiffs with the plaint of the suit. This does not give right to remand of the case……………………..(17) Before passing an order of remand the learned Judge decide the question rose in appeal on the basis of evidence on record in accordance with law. The appellate Cou......etting aside the judgment and decree dated 29.6.2006 passed by the learned Assistant Judge, Raipur, Lakshmipur in Title Suit No.73 of 2002 dismissing the suit should not be set-aside. 2. Material facts of the case, briefly, are that opposite party Nos.1-17 as plaintiffs instituted a suit being T..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......d order dated 9‑10‑95, resulting in failure of justice. 6. No one appears for the plaintiffs-opposite parties. 7. In view of the contentions of the learned Advocate for the petitioners, the question that calls for determination is, whether an application under Order IX rule 9 of the Code d...... subsequently. On this question, I may refer to the case of Rafiqul Islam and another Vs. Abul Kalam and others, reported in 42 DLR 19. In that case, it had been observed: “In this case from the facts it appears that the application under section 151 of the Code was filed for restoration of the..Category: Procedural Law | Date: | Hits: 94
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......nted harassment, humiliaÂtion and financial loss. It is evident from the petition of complaint itself that the complainant has not mentioned the date of the cheque very cunningly, i.e. the cheque in question has not been presented before the bank for encashment in time and thereÂfore there is no i...... within the purview of section 561A for the purpose of quashing a proÂceeding one of following conditions must be fulÂfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Whe..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......General justifies his contention by highÂlighting what have been stated in paragraphs 4 and 5 of the affidavit in opposition. He cites 6 ITR 51, 44 ITR 726, 111 ITR 650 on the point. 11. The moot question that faces this Division in all the Petitions is whether a return filed under section 82BB ......e. But the respondent did not pay attention in this respect against which the petitioner moved this Division under Article 102 of the Constitution and obtained the present Rule. Almost under the same facts and circumstances, the Rule in other two writ-petitions was issued. 9. Mr. Mosharraf Hossai..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455...Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......ts branches in a cruel manner. The dead tree cannot be brought back to life through any mechanism, not even the intervention of the constitutional Court. 13. Mrs. Sigma Huda raised the fundamental question maintainability of the writ petition itself, contending, inter alia, that Hasan Raja died m......wshan Hasan Banu. He had no male child. Respondent No.3 i.e. Helal Khan, in his film falsely projected Hason Raja to have had a son and that if the film is allowed to be screened with those distorted facts, the image of the saint would be seriously impaired. Mr. Khan also quoted some assertions made..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......nnot lead to the conclusion that their statements regarding the dates of possession and dispossession of the plaintiff from the suit land are turtord and cannot be relied upon. 12. Considering the facts and circumstances of the case, I am of the view that the trial Court did not apply its judicia..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......son for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the respondent No.2, Sonali Bank, as plaintiff instituted Artha ..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......must be a separate first information report and independent investigation by a separate investigating agency other than the Bureau of Anti-Corruption and it is triable in ordinary criminal Court. The question as to whether the petitioner got delivery of possession of Nikunja plot or not it cannot be......a facie case under certain penal provision has been proved against the accused persons, without disclosing the allegation of fact constituting the said offence. Such a statement, unaccompanied by the facts constituting the said offence, which is nothing but a mere opinion of police officer concerned..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......trict Judge, 1st Court, Pabna, in Title Appeal No.45 of 2003 affirming those dated 23-2-2003 passed by the learned Joint District Judge 2nd Court, Pabna, in Other Class Suit No.102 of 1995. 2. The facts involved for disposal of the rule are as follows: The petitioners as plaintiffs filed a sui..Category: Property Law | Date: | Hits: 83
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not mainÂtainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ......R 1984 at page 209. Lawyers Involved: Tawhidul Islam, Advocate - For the Petitioner. Writ Petition No.5935 of 2008. Judgment Nazmun Ara Sultana J.- This rule Nisi was issued calling in question the order No.69 dated 13-5-1998 passed by the 2nd Artha Rin Adalat, Chittagong in Mortgage ......e signed on 23-6-1998 and also the Execution Case No.215 of 2004 started on the basis of that final decree dated 23-6-1998 which is now pending in Artha Rin Adalat No.1 Chittagong. 2. The material facts necessary for disposal of this rule are as follows: Wahed Jute Mills Ltd. availed loan faci..Category: Civil Law | Date: | Hits: 134
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......as well as 2 hand written letters. On perusal of the same it appears that the main contention of the plaintiffs are that the defendant No.1 used to reside in Dhaka who offered to sale the property in question and accordingly they paid the entire amount to the defendant No.1 and his son but the defen......nal written statement dated 17-10-1993 which was recorded in the file. 6. Both the parties adduced evidence both oral and documentary. The trial Court after hearing the parties and considering the facts and circumÂstances decreed the suit. Being aggrieved and disÂsatisfied with the judgment and..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ...... Islam, Advocate - For the added respondent No. 9. (In Writ Petition No. 9748 of 2010) Writ Petition No.9748 of 2010 with Writ Petition No.601 of 2011. Judgment Farah Mahbub J.- Since common question of law and facts are involved in both the Writ Petitions as such those have been heard toge......or the added respondent No. 9. (In Writ Petition No. 9748 of 2010) Writ Petition No.9748 of 2010 with Writ Petition No.601 of 2011. Judgment Farah Mahbub J.- Since common question of law and facts are involved in both the Writ Petitions as such those have been heard together and are being d..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......3 and 4 were examined and cross-examined on 1‑7‑1989 and 2‑7Â-1989. P.Ws.5 and 6 were examined and crossÂ-examined on 3‑7‑1989. He submits that during, trial as above on first occasion no question was put to P.Ws.2‑6 on behalf of defence in cross-examination as to the direction facing ......ir and also about direction facing which accused Abul Khair was standing at the time of giving dagger blow on the chest of the victim Julfu Master. He argues that above question on above subjects and facts were put with ulterior motive to get some obliging reply in order to create some cloud as to t..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......ot impleaded as a party in the case. Moreover, her name was not recorded in the record of rights. The learned Counsel further submitted that in the written objection the opposite‑parties raised the question of defect of parties in a most casual manner without making any specific averments in that ......le 10(2) of Order 1 of the Code of Civil Procedure is, no doubt, one of judicial discretion but such discretion has to be exercised according to sound judicial principles keeping in view all relevant facts and circumstances of the case. Order 1 rule 10(2) CPC provides for addition of "necessary" or ..Category: Property Law | Date: | Hits: 94
72297228722772267225722472237221722072197218721772167215721472137212721172107209