Search Options
Judgment Advanced Search
Displaying 2881-2900 of 7133 results.
....erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
............Respondents
Judgment
January 19, 2012.
Result:
The Rule is made absolute.
Lawyers Involved:
Manzill Murshid, Advocate - for the petitioner.
A. B. M. Altaf Hossain, Deputy Attorney General with Yehida Zaman, Assistant Attorney General - for the Respondent.
Writ Petition ......cause as to why inaction of the respondents from taking necessary steps to stop any kind of construction work adjacent to the Mohasthangor ancient monument, should not be declared illegal and without lawful authority and why direction should not be given upon the respondents to implement the provisi..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......e Daily Sangbad on 7.10.2010 and subsequent auctioning of the property in pursuance thereof, and also seeking direction upon Standard Bank Ltd., a private bank operating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the au......erating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that he is the lawful owner-in-possession of Plot No.80, Chandgaon Residential Area (Phase-2), Chittagong (more par..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....oclamation Order No.1 of 1977 which is called the Proclamation (Amendment) Order, 1977. By the same Proclamation Socialism, another pillar, was given different attribution meaning economic and social justice. Such change or destruction of the basic structures of the Constitution has been ratified by......ed respondent No.5 and Mr. M Amirul Islam appeared for the respondent No.6. In course of hearing of the matter, it was considered necessary to have assistance on the points involved in the matter and accordingly, Mr. Rafique-ul-Huq and Mr. Abdul Wadud Bhuiyan, the learned Advocates, were called upon......nted by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh........................Respondents Judgment August 4, 2004. Cases Referred to- Syed Md. Mashiur Rahman Vs. President of Bangladesh, 1997 BLD 55; KM Rahman Vs. Bangladesh, 2...... the Association for Democratic and Constitution Advancement of Bangladesh (ADCAB) which has been working for the people's awareness to guard against the violation of the Constitution and the rule of law. The petitioner seeks to impugned the Constitution (Thirteenth Amendment) Act, 1996 (Act No.1 of..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......e dated 9‑2‑2004 demanding of the petitioner company to settle the outstanding dues within 15 days intimating therein that if the petitioner company fails to settle the dues the bank will proceed according to section 12 of the Artha Rin Adalat Ain, 2003 and thereafter the respondent bank publish......”For the Petitioner. Md. Mamunur Rashid, Advocate—For Respondent No. 4. Writ Petition No. 1709 of 2004. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should n......tution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the application, in brief, ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....eath sentence in the deadly contemned cell as a condemned‑prisoner. Considering that aspect of the case and the quantity of the heroin does not exceed 25 grams, we are inclined to hold that ends of justice would best be served if the sentence of death be commuted to 5 years rigorous imprisonment. ......t the Court allowed 2 days police remand. On 11‑4‑1990 the accused was produced before the Court who expressed his desire to make statement under section 164 of the Code of Criminal Procedure and accordingly he was forwarded to Mr. RK Das, Metropolitan Magistrate for recording statement and the ......cted and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned Prisoner. SA Hasan, Assistant Attorney‑General ‑ For the State. Death Reference No.38 of 1991 with Jail Appeal No.2197 of 199...... 4 bundles of clothes to room No.14 in which the heroin was hidden in the wooden frames inside the bundles and, as such, the conviction for the alleged possession of the heroin cannot be sustained in law. Mr. Huq further submits that in the absence of any evidence as to the content of the heroin exc..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ismissed. The opinion expresÂsed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......ismissed. The opinion expresÂsed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......Mohsen Ali J Shahidullah Patwary…………………Petitioner Vs. State…………………Respondent Judgment May 2, 1983. Result: The appeal is dismissed. Case Referred to- Indrajit Singh Kohli Vs. The State, AIR 1967 Cal. 460. Lawyers Involved: Rafiqul Islam,......h property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be disÂcharged, or of any legal contract, expres..Category: Criminal Law | Date: | Hits: 111
Bakshu Mia Vs. Govt.of BanglaÂdesh and others, 1977, 6 CLC (AD)
....ly. 13. It is true that the discretion of the Court need not be fettered on materials gathered by judicial method, or to matters exÂtraneous to the case, but the grounds must not be extraneous to justice. We are to reÂmember that the section gives a general exeÂcutive discretion to the public ......he Id. Spl. P.P. The prayer is allowed. Hence Ordered "that this case arising out of G.R.Case No.1419/74 (Biswanath P.S. Case No.3(9) (74) be withdrawn and the accd. persons be discharged accordingly. Recall all processes. Inform all conÂcerned." 18. It appears that the records were ......................................Appellant Vs. Govt.of BanglaÂdesh and others...................Respondent Judgment June 10, 1977. Result: The appeal is dismissed. Cases Referred to- State of Bihar Vs. Ram Naresh Pandey, AIR 1957 (SC) 389 Faqir Singh Vs. Emperor, AIR 1938 (PC......discharged. The significant point to rememÂber is that the Court has been given no disÂcretion in the matter. Another question which is to be remembered is that the Advocate General as the highest law officer of the State, as it then was, has been given a plenary power in the matter of withdrawal..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG CorÂporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......ct before the Chairman, National Board of Revenue for his decision to refer the matter to the High Court Division for deciding what would be the stamp duty payable on such doÂcument. The matter was, accordingly, referred to the High Court Division for opinion and the learned Judges of the High Cour......ant Vs. M/s. GMG CorÂporation Ltd………………………Respondent Judgment September 16, 1982. Result: The appeal is allowed. Cases Referred To- 21 Cal 241; SecreÂtary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1......t is the rate of duty that should be paid. To bring such document within the fold of document purported to be a document of hypothecation is to adopt a process of reasoning which is not sanctioned by law nor the document itself allows such scope. It says that it is deed of mortgage, if it is, as it ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....g speech, Mr. Sheikh Fazle Noor Taposh had it to say that in the light of the attending facts, we should, instead of confining ourselves to the narrow specified terms of the Rule, for the interest of justice, look at a broader horizon, touching upon the question of very legality of the criminal proc...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......rown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr.L.R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; ......though the Rule in response to instant petition was issued to require the respondents to show cause as to why the impugned decision reproduced above, should not be declared to have been taken without lawful authority, when the Rule was taken up for disposal, the learned Advocates for the Petitioner ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......ocate - for the petitioner. Md. Imam Hasan, Advocate - for the respondents. Writ Petition No. 3664 of 2008. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 29.1.2008 passed by Artha Rin A......nterest accrued thereon, with a further direction upon the executing Court to hear the parties on such statement of account and to examine whether adjustment of the sale proceeds made by the bank was lawful and to pass necessary order as to liability of the petitioner on the loan account. The said o..Category: Civil Law | Date: | Hits: 129
....he Government admitted that it gave the order of release not according to law and that the objecÂtions raised by the Corporation were correct. He referred to a statement made in the notice demanding justice served by the respondents on the Government as well as the other appelÂlant which says that......ty of the orders made or the directions given by the Government of Bangladesh.
11. Mr. S.R. /Pal, Counsel for the appelÂlant, submitted that once the property in question vested in the Government according to the provisions of the Abandoned Property Order, 1972, it had no jurisdiction to release...... Appeal No.37 of 1976).
Vs.
Md. Masood Reza and others................Respondents (In both the Appeals)
Judgment
June 30, 1977.
Result:
The appeals are dismissed.
Cases Referred to-
Pakistan Vs. Md. Niayamat-ullah Faruki, (1969) 21 DLR, SC 238; (1975) 28 DLR 350; Robertson V...... decision was granted by this court on 2nd September, 1976 to consider the following:
1. Whether the order of release dated 17-1-76 purported to be made under article 15(3) of 1972 (P.O.16/72) was lawful;
2. Whether the order dated 11-2-76 purporting to cancel an earlier order dated 27-1-75 m..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......s served by registered post on 25th Aswin, 1366 B.S. asked the appellant to vacate by 30th Chaitra, 1366 B.S. As no particular date has been mentioned in the kabuliyat as to when the lease commenced, according to Mr. Khondker it commenced from the date of making of the lease. In this connection the ...... Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal is dismissed. Cases Referred to- Jagadish Narian Vs. Nawab Said Ahmed Khan, (1945) 50 CWN PC 477; Kishori Mohun Roy Chowdhury ......firmed by the High Court Division on March 9, 1982. 3. Being aggrieved, the appellant moved this Court and obtained leave to consider whether the notice period of six months as contemplated in the law for terminating a tenancy from year to year under section 106 of the Transfer of Property Act mu..Category: Property Law | Date: | Hits: 103
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....o the defendant-appellant to cover up his omission by taking appropriate steps. In the circumstances, therefore, the plaintiff-respondent cannot be allowed to take advantage of his own wrong. Law and justice do not function in the vacuum. It is true that the requirements to fulfill one of the two co......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......urshed Ahmed………………… Appellant Vs. Md. Meher Ali and others………………… Respondents Judgment January 20, 1983. Result: The Appeal is allowed. Case Referred to- Binode Behari Shaha Vs. Nitya Gopal Shaha (1981) 33 DLR (AD) 130. Lawyers Involved: Kho......ot comply with the provisions section 17 (1) of the Small Causes Court Act, the miscelÂlaneous case was not maintainable and the court which allowed it had assumed jurisÂdiction not vested in it by law. Its order was, therefore, a nullity. 3. Defendant-appellant who contested the suit stated th..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......gh the Mutwalli nominated by the said beneficiaries of the waqf. In view of the above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......In all the petitions) Vs. Md. Nasiruddin Shah and others……………………………..Respondents Judgment November 6, 2004. Result: The petition is dismissed. Case Referred to- 35 DLR (AD) 108. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (S.M. M......rit petitioner was waiting for approval of his Mutwalliship the respondent No.2 of the writ petition all on a sudden issued a letter vide Memo No.O: Pro: Dha: U: 239(6) dated 07.01.2003 violating the law and constituted a Managing Committee of 6 members making the respondent Nos.4 and 5 of the writ ..Category: Trust/Waqf Law | Date: | Hits: 148
....ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ......ved:
AFM Mesbahuddin, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioner
Ahsanullah Patwary, Advocate-on-Record-For Respondents.
Civil Petition for Leave to Appeal No.1262 of 2003.
(From the judgment and order dated 4th Marcy 2003 passed by the High C......dated 27.9.1998 as an urban area is illegal, void, without jurisdiction but the High Court Division failed to consider the same in its true perspective as such discharged the rule on misconception of law.
5. Admittedly public notification was issued as required under rule 3 of the Declaration Alt..
Category: Election Law | Date: | Hits: 190
Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)
....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ...... without jurisdiction and directing the petitioner to determine the inter se seniority of the respondents with the officers recruited through open advertisement bearing No.1E-8/82/209 dated 10.5.1982 according to the principles laid down in the General Principles of Seniority 1970. The petitioner, t......ners Vs. Syed Md. Hyder Ali and others………………Respondents Judgment December 1, 2004. Result: The petition is dismissed. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner Amir-ul-Islam, ...... 2. Mr. Fida M. Kamal, the learned Additional Attorney General appearing for the petitioners submits that the reasons for delay having been satisfactorily explained, the Appellate Tribunal erred in law in rejecting the said application for condonation of delay in exercise of his judicial discretio..Category: Procedural Law | Date: | Hits: 79
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......not later than 4 weeks of the receipt of the order with further direction upon the Sonali Bank to pay off defendant No.6 Hanvit Bank under the concerned Letter of Credit without any further delay and accordingly allowed the appeal setting aside the order of ad-interim injunction. In that view of ......¦â€¦â€¦â€¦â€¦.Petitioner Vs. Hanvit Bank Kuni Bong Branch and others………………….Respondents Judgment November 2, 2003. Result: The petition is dismissed. Cases Referred to- 33 DLR (AD) 298; 54 DLR (AD) 70. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate,......g for the petitioners submitted that the High Court Division having directed the trial Court to dispose of the application for temporary injunction within 4 weeks of the receipt of the order erred in law in vacating the ad-interim order of injunction and directed Sonali Bank to pay off defendant No...Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ...... the plaintiffs and coming to the issue as to whether the suit is maintainable the trial Court found that since there is a question of title involved it should be decided by competent civil Court and accordingly returned the plaint for filing the same in the proper Court. Section 23 of the Small Cau......……………Petitioner Vs. Sree Bidhan Kumar Deb, Advocate………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (AD) 205; Abdus Sattar Vs. Mohiudd......as plaintiff No.1 Rabiul Alam subsequently became an advocate. The plaintiffs issued notice under section 106 and 111 of the Transfer of Property Act by registered post to the defendant through their lawyer determining the relationship of landlord and tenant and demanding vacant possession of the su..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323....... Babar Ali Prodhan…………………Appellant Vs. Kinu Mia and others………………….Respondents Judgment June 21, 1979. Result: The appeal is allowed. Cases Referred to- Abdul Hamid Vs. Ali Baksha Mondal, (1968) 20 DLR 699; Sultan Ahmed Vs. Hazera Khatoon, Civil ......perty to that extent. The landlord could realise the amount by a suit, which of course, will in substance be a money suit. The view expresÂsed by Sen, J. in this decision, we find, is in accord with law. 4. Details of the history as the right to the rent of the ex-rent receiver on the acquisitio..Category: Property Law | Date: | Hits: 60
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316.......ham of 1.36 acre land including the suit land described in schedule 1, in the partiÂtion between Sonaullah and Kukil. Kukil got 1.36 acres out of schedule 2 land and the two brothers possessed lands according, to their saham. While in specific possession of schedule 1 land Sonaullah entered into an......€¦â€¦â€¦â€¦â€¦Appellants Vs. Begum Khodeja Akhtar & others……………………Respondents Judgment June 12, 1979. Result: The appeal is allowed and the case is remanded back to the lower appellate Court. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by Abdur ......trial Court with the same findings. On second appeal to the High Court, the learned Single Judge decreed the suit holding that the courts committed an error in deciding the suit on the proposition of law that the sale being held during the period of attachment was void, and the learned Single Judge ..Category: Property Law | Date: | Hits: 79
70327030702970287022702170197018701670157014701370127009700870077006700570047001