Search Options
Judgment Advanced Search
Displaying 2861-2880 of 7133 results.
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......strict Judge after considering the evidence of the witnesses and materials on record found that the will was not a genuine document as neither its execution nor its attestation was legally proved and accordingly refused to grant the Letters of Administration and dismissed the suit on September 28, 1......………Appellants Vs. Sasanka Moban Das Karmakar & others………………………Respondents Judgment December 12, 1982. Result: The appeal is dismissed. Cases Referred to- Munnalal Vs. Mst. Kashibai, AIR 1947 PC 15; Harmes Vs. Hinkson, (1945) 50 CWN 895; G. Thataia......ng First Appeal No.20 of 1975 (Probate), before the High Court Division which, on finding that the plaintiff-respondent succeeded in proving the execution and attestation of the will according to law, allowed the appeal and set aside the judgment of the trial Court. The learned Judges directed t..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... "25e. Revision of decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit."(...... Khalek Mia……………………Appellant Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 1......ision of decrees and orders of Courts of Small Causes. The High Court, for the purpose of satisfying itself that a decree or order made in any case decided by a Court of Small Causes was according to law, may call for the case and pass such order with respect thereto as it thinks fit."(Emphasis adde..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......………..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment December 1, 1993. Result: The Rule is made absolute. Cases Referred to- Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Begum Lutfunnessa Vs. the People's Republic o......n Mortgage Suit No. 21 of 1990 entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to thi..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......ies. Indeed there is a noticeable departure from the earlier levy of collection of excise duty. Before making amendment of sub‑section (4) of section 3 the levy of duty on excisable goods were done according to actual production. A change from the levy of duty according to actual production to lev......5 of 1989) Vs. Bangladesh and others .............................Respondents (In all writ petitions) Judgment August 2, 1994. Result: The Rules are made absolute. Cases Referred to- Zaibtun Textile Mills Ltd. Karachi and others Vs. Central Board of Revenue and others, PLD 19...... the Respondents (In all the writ petitions). Writ Petition Nos. 728, 803, 802 and 838 of 1990, 1092, 1115 and 465 of 1989. Judgment Qazi Shafiuddin J. - As the common questions of facts and law are involved these 7 writ petitions have been heard together and will now be disposed of by this..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......etermine the novelty and originality of the disputed design, it needs to be looked at as a whole to see whether the 'show cap' materially affects the design. The question is whether the articles made according to the disputed design are substantially similar in appearance to articles made according ......nal Fans Ltd…………………Petitioner Vs. Md. Firoz and another…………………Respondents Judgment March 20, 1995. Result: The application is allowed. Cases Referred to- Simmons Vs. Mathieson and Co. Ltd., (1911) 28 RPC 486; Phillips Vs. Harbra Rubber Company, (1......xcept that a small metal disc, popularly known as show cap is fixed with a screw onto a depression in the middle of the bottom portion of the respondent's fan. 9. Let us now look into the relevant law: Section 2(5) of the Patents and Designs Act, 1911, is to the effect: "Design" means only ..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....r. Md. Ruhul Amin, the learned Advocate appearing for the plaintiff Petitioner, submits that the appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice inasmuch as the learned Court failed to appreciate that the appellant should complete the co......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......…Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule is discharged. Cases Referred to- 38 DLR (AD) 70; 40 DLR 496; 44 DLR (AD) 144; 31 DLR (AD) 319; 35 DLR 25; AIR 1933 (Bom) 118; ......his revisional application and obtained the instant Rule. 3. Mr. Md. Ruhul Amin, the learned Advocate appearing for the plaintiff Petitioner, submits that the appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice inasmuch as the learned Cou..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......plaintiff, in short, is that the defendant, a businessman, approached the Bank for opening Letter of Credit under Wages Earners Scheme for importing Nylon Type Cord from Hong Kong. The plaintiff Bank accordingly opened a Letter of Credit No. P/2/1 ERS/504 dated 19-8-82 for US 132500 in favour of M/s...... Belayet Hossain…………………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (A...... At the time of hearing of the Rule at the very outset Mr. Rafique-ul-Huq, the learned Counsel appearing for the opposite party, submits that the present revisional application is not maintainable in law as there is no provision in the Artha Rin Adalat Ain, 1990 for filing a revisional application a..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......gned judgment it appears that the Small Cause Court on valid and legal grounds reviewed its earlier judgment and decree dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR ...... Nath Mondal and others……………Petitioners Vs. Motia Begum and others……………Opposite-Parties Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Ba......The learned Advocate further submits that there was no decision on a reference from the Court of Small Causes and, as such, the learned SCC Judge exercised power and jurisdiction not vested in him by law. 6. Mr. Bakhtiar Hossain, the learned Advocate appearing for the plaintiffs opposite parties,..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....n. It will not be necessary to dilate on these aspects but it can only be said that the learned Judge themselves have taken the matter to a point which is not a happy augury for the administration of justice. That is evident from the last three lines of the passage quoted above which are, to say the......egarding his illness and for sending a telegram and letter "to the Court" seeking adjournment. "All these acts constituted wilful disobedience, discourtesy and utter contempt (sic) of the Court and accordingly we find him guilty of gross contempt". 8. From the aforesaid quotation from the judgm......t Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Moazzem Hossain, Deputy Attorney-General………………………Appellant Vs. State…………………….Responde......hether his leave will be granted or not is for the appointing authority, namely Government. But it is not understood why the Jessore Bench attempted to make so much out of such innocuous absence of a lawyer. 10. Now about his illness, the High Court Division devoted considerable space whether it ..Category: Criminal Law | Date: | Hits: 116
....of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......dinance only if there was an existence of an industrial dispute and that the instance on collective bargaining agent, so far as the workers, dispute is concerned. It has already been noticed that according to Section 43 of the Ordinance, no industrial dispute shall be deemed to exist, so far a...... also Reported in: 30 DLR (AD) (1978) 251. ......Appellant No.1 terminated the services of said Abul Bashar under Section 19(1) of the Employment of Labour (Standing Orders) Act 1965 and offered all the benefits to which he was entitled under the law. Notwithstanding the termination of his service, as aforesaid, the appellants continued to deal ..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......: Khandakher Mahbubuddin Ahmed, Advocate instructed by Abu Backkar, Advocate-on-Record-For the Appellant, Abdul Aziz, Advocate-on-Record-For the Respondent No.1. Ex-parte—Respondent Nos. 2 to 6. Civil Appeal No.11 of 1976. (From the Judgment of the High Court in Second Appeal No.99......the Civil Procedure Code, to disturb the finding of the first appellate Court, it is now well established. The High Court can only invoke its jurisdiction under this section, if there is any error of law, or procedure committed by the first appellate Court, and such error has affected the merit of..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ultan Hossain was the Manager of the said Branch. On 5-5-75 the petitioner was granted over-draft facility to the tune of Tk. two lacs by the said Branch Manager and the repayment started from 7-5-75 according to terms. The Regional Manager considered that the over-draft facility had been given by w......Sana………………………………Appellant Vs. The State……………………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal A......t his cinema hall which is a funning concern. It has been argued by the State that on the date when the over-draft was granted there was no security. True, but the question is that there must be some law that says such granting of over-draft is a criminal offence and further the grantee of such over..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....was most closely connected with the business of government, assumed superintendence over their proceedings, a superintendence that was facilitated by the fact that the administrative functions of the justices of the Peace were discharged in a judicial form. 40. It was not, however, until the 17th......tory of the development of the doctrine of judicial review that traditionally it only applied to public, as opposed to private law domain. The existence of a divide separating public and private law, according to jurists of acclaimable standing, probably causes greater controversies and it is not al......Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made absolute. Cases Referred to- Shahabuddin (Md) Vs. Secretary, Ministry of youth and Sports and others, 45 DLR 360; R Vs. Ti......signed between them on 09.04.2010, in alleged violation of the terms and conditions of RAJUK’s registered lease deed, dated 25.10.1998, should not be declared to have been passed illegally, without lawful authority and is of no legal effect.” 2. The petitioner’s averments, briefly, are as f..Category: Property Law | Date: | Hits: 159
....no allegation against the petitioner of violation of the terms.
Before demolishing, no notice was served upon the petitioner and as such there has been gross violation of the principles of natural justice.
15. By spending huge sums of money and completing 95% work of the Monument, including it...... some advice from time to time to the petitioner through their correspondences dated 30. 10. 05/21. 03. 07/16. 08. 07 /19.08.07/17.10.07/12.03.08 respectively and the petitioner followed their advice accordingly.
8. The petitioner directed a letter to the respondent on 24.03.2008 stating that som......tion, Represented by the Mayor, Nagor Bhaban, Dhaka and others …………………… Respondents.
Judgment
August 21, 2011.
Result:
The Rule is made absolute in part.
Cases Referred to-
Central London Properties Trust Vs. High Trees House Ltd (1947 K B 130); Combe Vs. Combe (195......8 to demolish the construction of the petitioner partially and stopping its construction work at the Triple Corner Chatter in front of High Court Mazar shall not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..
Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......aded guilty while he was examined under section 342 of the Code of Criminal Procedure. After conclusion of trial, the Assistant Sessions Judge found all the accused including the appellant guilty and accordingly pronounced his judgment and order of conviction and sentence as aforesaid. The trying Ju......e Party Judgment June 13, 2012. Result: This jail appeal is allowed. Lawyers Involved: Zinat Akhter Nazley Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus...... be involved in the occurrence. However, the police arrested the appellant on 5.10.1996 and sent him to jail, wherefrom he filed the instant jail appeal. 6. Mrs. Zinat Akhter Nazley Begum, a panel lawyer appointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appell..Category: Criminal Law | Date: | Hits: 95
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: .............Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Qu......fer rigorous imprisonment for ten years, as aforesaid. Challenging the said judgment an order of conviction and sentence, the appellant filed the instant jail appeal. 13. Mrs. Hasna Begum, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to t..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......ase of the same on the plea that it was wrongly vested as abandoned property - whereupon the government divested the said property, executed a registered sale Deed in her favour on 21-6-1980, and accordingly restored her possession. The said Lady, thereafter, executed an Agreement for Sale on 10......Petitioner Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of St......an-2, Dhaka in the name of the petitioner upon receiving the transfer fee on the consideration money as directed by the High Court Division in FA No.585 of 2001 should not be declared to be without lawful authority and is of no legal effect, and why they should not be directed to mutate the said p..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... that use of the report of the Inspector without disclosing any contents thereof and affording any opportunity of the applicant to refute the report was gross violation of the principles of natural justice. 7. Lastly, he submitted that the application submitted his return for the year in questi...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......nue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ...... of the construction of house and the income from other sources as estimated by the Deputy Commissioner of Taxes were confirmed. 3. In the aforesaid facts and circumstances, following questions of law have been referred for determination by this Division: Question of law (a) Whether on the ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....aving regard to the Order 41, rule 31 of the Code of Civil Procedure and thereby, both the Courts committed error of law in decreeing the suit which is an error in the decision occasioning failure of justice. The learned Advocate submitted Kartik Chandra Biswas admittedly the auction purchaser alleg......e locality and, as such, the alleged patta is a void document. He further submitted the plaintiff has filed the suit only for declaration of title and confirmation of possession without partition, as according to the plaintiff got the patta along with the proforma defendant No.11 and, as such, the s......r Vs. Belayet Ali Sheikh and others………………………Defendants-Respondents-Opposite Parties Judgment August 23, 2009. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah......ring on behalf of the defendant No.6 petitioner has taken me through the judgment of both the Courts and placed the evidence of both the parties and submitted that the Trial Court on both facts and law committed error of law in passing the impugned judgment discarding the Rule of evidence. The evi..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ...... and out of the 25 proposals, 7 proposals were rejected in accordance with the terms and conditions of the Request. For Proposal and 18 proposals were primarily accepted as being responsive. Though according to the report of the Tender Evaluation Committee Messrs New England Power Company Consorti......………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: The rule is made absolute. Cases Referred to- AKM Rafiqul Islam Vs. State, 17 BLD 198; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Ba...... The learned Advocate firstly taken us through the so called sanction for lodging the FIR (Annexure-L) to the petitioner. On plain reading it appears that it is not a Sanction at all in true sense of law. This is nothing but a request letter which is an follows:- “দুর্নীতি দ..Category: Criminal Law | Date: | Hits: 156
70567055705370527051705070497048704770467045704470437042704170397038703670347033