Search Options
Judgment Advanced Search
Displaying 2761-2780 of 7208 results.
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......r section 561A of the Code of Criminal Procedure whereupon the present Rule has been issued. 4. Mr. Mahbubur Rahman, the learned Advocate appearing for the petitioner, submits that considering the question of his status in the army as well as in foreign service of this country he should be given ......f Foreign Affairs. So, we hold that he is entitled to have the Division-I or Class I status in the jail as under-trial prisoner under the provisions of Paragraph 910 of the Jail Code. Considering the facts and circumstances of the case as stated above, we are of the view that this Rule should be mad..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......the cases in order to safeguard and protect their interest there was no warrant in law or in fact for the defendant-respondents to compensate the defendant-appellant for filing those cases. 8. The question that falls for determination is whether the cases complained of and in relation to which th......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......nt itself and thereafter the plaintiff- respondent created the second sale agreement and took her signature therein by force. The learned Advocate for the defendant-appellant also submits that in the facts and circumstances of the case the prayer for specific performance of contract should be refund..Category: Civil Law | Date: | Hits: 148
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......n enemy property but in the instant case the property belonging to the deity was sold out by the respondents 1-3 by a deed of sale dated 9-11-89 to the respondent No.4 and the sale has been called in question in this Writ Petition. We have already seen that the debutter property cannot be treated as......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
..
Category: Property Law | Date: | Hits: 85
....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......opal Saha J.- This Rule is directed against the judgment and decree dated 12-11-92 passed by the learned Assistant Judge, Madarganj in Other Class Suit No.1 of 1991 decreeing the suit.
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted ..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......laiming a benami transaction to prove the same as benami. To ascertain the true character of a transaction challenged as benami, the vital test is the source of the consideration. It is essentially a question of fact. We may add that apart from the source of the consideration, other relevant element......t has rightly found the share of the plaintiff-appellant as being half in the property of schedule ‘A’ and accordingly, decreed partition of the property in preliminary form. Having regard to the facts and circumstances of the case, we find nothing to interfere with the Judgment and decree passe..Category: Property Law | Date: | Hits: 109
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263....... he is to obtain leave of the Court within 10 days from the service thereof appear and defend the suit and in default thereof the plaintiff would be entitled to get a decree from the Court. 5. The question of jurisdiction of the Court summary procedure under Order 37 came up for decision in the c......sdiction of these Courts. So, the decision given in the reported case that suits of the value exceeding Rs. 25,000.00 were to be tried by the Karachi Bench of West Pakistan High Court cannot apply to facts of the present suit before us. 6. The other case we shall refer to is the case of JK Sarma ..Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......tement of his own. He further submits that whether or not the petitioner was going to give a declaration as claimed in not admitted by the prosecution or the respondents and as such, it is a disputed question of fact to be decided by the Special Tribunal wherein the Special Tribunal Case is pending....... orders passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 17-8-2003, all further proceedings of the above mentioned Special Tribunal Case were stayed. 3. The facts found for disposal of the Rule are that on 1-2-2003 at 12-00 hours the petitioner Mahbub Alam ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......l witness namely, P.W.12 Dr. Md. Shahjahan Kabir who has beyond objection proved that the death of Makhon Chandra Das is homicidal in nature. Therefore, we find that this is a case of murder. Now the question is whether the appellants were involved in the alleged murder. Admittedly, there is no eyew......uffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for one year more thereunder. 2. To arrive at a correct decision on proper appreciation of facts and evidence, the prosecution version as narrated in the first information report (FIR) is dep..Category: Criminal Law | Date: | Hits: 75
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......d Advocate appearing for the opposite party No.2 submits that whether or not the legal notice was served upon the petitioner and non-disclosure of the date of the notice in the complaint petition are questions of fact to be ascertained at the time of trial. In support of his submission he has referr......or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, all further proceedings of the above mentioned CR case were stayed. 3. The relevant facts for disposal of the Rule are that the opposite party No.2 Senoara Begum as complainant filed t..Category: Criminal Law | Date: | Hits: 75
Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......No.30 dated 11-10-2007 under section 165A of the Penal Code should not be set aside and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. In short, the facts relevant for disposal of this Rule are as follows: One Md. Ali Ahmed Masud (PFM), Sub-Insp..Category: Criminal Law | Date: | Hits: 84
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......o.2 filed complaint petition on 24-7-2007, the learned Magistrate took cognizance on 24-7-2007 against the accused petitioner under section 138 of the Negotiable Instruments Act, 1881. 18. Now the question is whether the filing of the complaint on 24-7-2007 and taking cognizance of the complaint .......138 of 2007 under section 138 of the Negotiable Instrument Act, 1881 now pending in the Court of the learned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami B..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ...... the Memo No. Section--1/IS/-74/88(9)/2132/1(3) dated 20-7-19 88 passed by the respondent No.2 should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts, in brief, are that the petitioner is a member, Badarkhali Co-operative. Agricultural and Reha..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....hich was subsequently forwarded to the Election Tribunal. At present Divisional Election Tribunal is in seisin of the Election Case No.1 of 1997. 8. It is further stated in the petition that on an identical issue in the unreported Writ Petition No.3046 of 1996 the Rule was made absolute by the Hi......e declared to have been made without any lawful authority and is of no legal effect and why the said notification should not be cancelled and rescinded. 2. Since the matter raised a constitutional question of importance we asked Mr. Rafiq-Ul Huq, Mr. AR Yousuf, Mr. M Nurullah and Mr. M Mahmudul I......-elected against parliamentary seat which according to his own claim has already been won by him. 38. We would like to mention here that the Writ Petition No.3046 of 1996, which involved identical facts and law points, and decided by another Bench of this Court and referred to us by the petitione..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......42 of the Specific Relief Act and is maintainable. Further, he submits that neither in the written statements nor in the memo of appeal or in the revisional application, the petitioner has raised the question of section 42 of the Specific Relief Act and, as such, the petitioner is not entitled to ra......rdships for consideration. But their Lordships in the case reported in 45 DLR 375 considered the aforesaid decisions and also the decision reported in 35 DLR 224 and then held that “Considering the facts and circumstances of the present case we hold that the present suit for declaration is maintai..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......tant case, inspite of the nonce published in the newspapers inviting application for sale of the property and for objection against it none appeared to object. 8. In the instant case the pertinent question would be whether sale of properties which are trust properties can be directed by this Cour...... than the amount spent for supervision of the said property. According to the Administrator General, there is no other way but to sell the entire property in public auction and to keep. 17. In the facts as above, I would consider it just and proper that this Court exercises its extra‑ordinary j..Category: Trust/Waqf Law | Date: | Hits: 166
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......yard Employees Union Vs. General Manager, Khulna Shipyard and others, 30 DLR 386.
5. Before we embark upon the discussion on the other contentions raised at the bar we would like to dispose of the question of maintainability of this rule first. Sub‑section (3) of section 8 of the Ordinance prov......the trade union, an appeal lies to the Labour Court and the Labour Court may direct the Registrar to register the trade union and to issue a certificate of registration or may dismiss the appeal. The facts of the decisions cited by the respondents are distinguishable. In Dada Match Workers Union the..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......e as follows certificates and the personal guarantee are also lying with the loan giving agencies. 20. Whether the respondent‑company has got the liability more than its assets or not is not the question, but the question is this, as to whether the company is unable to pay its debts. From the d......e of notices upon the petitioner Nos.1 and 2 and the copies of some proceedings of the meetings of the Board of Directors where the petitioners No.1 and 2 were present. These are the sum total of the facts and circumstances of the case as well as the documents and papers filed by both the parties. ..Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......ction was and is applicable only to cases in which summons has been issued, although expressions in the Chapter meant for both the cases in which summons is issued and warrant is issued. 9. In the facts and circumstances as discussed above, we are of the opinion that section 247 shall apply to a ..Category: Procedural Law | Date: | Hits: 85
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......r the service Rules. On 3.10.87 the petitioner addressed a letter to the Director, Administration, referring to the said Memo dated 20.9.87. The petitioner stated in his letter that there could be no question of accepting his resignation conditionally. He further stated in his letter that after avai...... earlier letter dated 20.9.87 was to be treated as cancelled. On receipt of the impugned letter dated 19.10.87 the petitioner again addressed a letter to the Assistant Manager on 28.10.87 stating all facts and urging him to rescind the impugned letter. The Corporation did not allow the petitioner to..Category: Employment/Service Law | Date: | Hits: 225
71557154715371527151715071487147714671457144714371427141714071397138713771367135