Search Options
Judgment Advanced Search
Displaying 2941-2955 of 2955 results.
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......tion with a commission, the President shall consult a commission with respect to- (a) matters relating to qualifications for, and methods of recruitment to, the service of the Republic; (b) the principles to be followed in making appointments to that service and promotions and transfers from o......……………Respondents (In Civil Appeal Nos. 14, 15 & 16 of 1995) Shafiuddin Ahmed and 2 others ……………………………………………………..Petitioner (In Civil Petitions for Leave to Appeal Nos. 187, 206 & 207 of 1995) Vs. Bangladesh, represented by the Secre...... functions to them. It was also submitted that Schedule I of the Rules of Business. Item 10 of the Ministry of Establishment, paragraph I provides for formation of policy on regulation of service and determination of the terms and conditions. It was additionally submitted that when there are no laws..Category: Constitutional Law | Date: | Hits: 185
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......ical examination of the same. The High Court Division noticed this and set aside the appellate decision in view of the patent infirmity of reasonings of the appellate Court and in view of the settled principle of law that a judgment of reversal should advert to the findings and reasonings of the tri......sideration and payment towards the same, demand of conveyance and also alleged delivery of possession have not been proved. When the trial court gave cogent reasons of its decision, it was obligatory for the Appellate court to meet the same to hold a contrary view. Therefore, the High Court Division......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......cial statute I am afraid the argument of Mahmudul Islam that revision lies is not entertainable. There are various decisions from Indian jurisdiction where it has been held that for fundamental basic principle of justice and fair play or where a patent or flagrant error in the procedure of law has c......te, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the H......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ...... to their own disadvantage. In the instant case the plaintiff, who is not a well educated woman to understand fully the effect of her signatures on the papers and blank stamp as referred to above the principle of law as stated above can also be taken in aid to hold that the plaintiff had no intentio......structed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the H......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... is dismissed. The Evidence Act, 1872 (I of 1872), Section 5 Positive testimony of a witness and evidence of other witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accu......rthly reason for discarding these two witnesses PWs 1 and 4. It is true that they are father and uncle of deceased Munir, but their testimony remain unshaken in cross-examination. In a criminal trial determination of fact is the main task before the Court and such determination is dependent upon con..Category: Criminal Law | Date: | Hits: 108
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......ion is made strictly on the basis of merit but seniority playing its part only when all other qualifications are practically equal. The later category includes posts to which promotion is made on the principle of "seniority-cum-fitness". 15. What is exactly implied by the term...... Judgment December 18, 2002. Cases Referred to- Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs. Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......ation of the rights of the allottee/lessee except upon giving an opportunity to defend against the proposed action, and as such the High Court Division has erred in holding that "the question of principle of natural justice does not arise." 5. We have heard Mr. Khandaker Mahbubuddin......ing, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to the appellant company by letter dated 24th March, 1986 for the construction of a 5-Star Hotel. The Company was directed to deposit Tk. 3,53,335/- by letter......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......s already been dealt with in departmental proceeding and has been dismissed from his service and, therefore, initiation of the Criminal proceedings against him cannot sustain being barred under the principle of double jeopardy. 5. He then submits that there being no sanction to prosecute the p...... 23rd June 2004 Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record- For the petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 124 Of 2001 (From the Judgment and Order dated 11.04.2000 passed by the H......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 94
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......; learnedMagistrate or the order passed by the tribunal with observation as referred to above can not be a ground for quashing the proceeding." 7. It is an established principle of law that if the F. I. R itself discloses offence under any provision of law, the procee......ly 20, 2002. Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 81
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....nction. The suit being a suit for permanent injunction in which the question of title may be gone into incidentally but decision of title in a suit for permanent injunction ought not to have been the guiding principle. The Court cannot disentitle the plaintiff of a decree for permanent injuncti......The suit being a suit for permanent injunction in which the question of title may be gone into incidentally but decision of title in a suit for permanent injunction ought not to have been the guiding principle. The Court cannot disentitle the plaintiff of a decree for permanent injunction if he...... Judgment 20 November 2001. The Specific Relief Act, 1877 (I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in d......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......nvolved in the appeal. 15. We have allowed him to argue on the said point of law, but for the forgoing reasons we do not find that the issued in the matter against the award is barred by the principle of res judicata. 16. As to the main question centering around the appeal as to wh...... delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of the People's Republic of Bang...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......rvice of the Republic which are matters for adjudication by the Administrative Tribunal and observed as follows: "Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the C...... petition was filed by the Respondent Nos. 1-11 impugning legality of the action of the Government of Bangladesh, Inspector General of Police and Bangladesh Public, Service Commission in taking steps for promoting the writ Respondent Nos. 4-86 from the post of Assistant Superintendent of police to......service and thus being matter for adjudication within the exclusive jurisdiction of the Administrative Tribunal and the writ petitioners having had filed case before the Administrative tribunal for determination of their seniority and that case being still pending as such a writ petition for deter..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ...... No. 40 of 1985 reversing the judgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a ......Abandoned Property (Control, Management and Disposal) Order ( President's Order No. 16 of 1972) read with Rule 5 of the Bangladesh Abandoned Property (Buildings in the Urban Area) Rules, 1972 for determination that the said property is not an abandoned property; that the Prescribed Authority aft..Category: Civil Law | Date: | Hits: 128
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......the earliest opportunity so that the Court may not be unnecessarily bogged clown in a complicated trial of the issue of fact requiring much time and involving heavy expenditure. The general principle is no doubt that the issues in a suit shall not be tried in part but should be disposed of......taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete Justice...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......ffirming those dated 7.12.2000 of the Administrative Tribunal, Dhaka rejecting the appellant's Execution Case No.3 of 2000. 2. The facts, leading to this appeal, are that the appellant filed the aforesaid Miscellaneous Appeal No.4 of 2000 for declaration that as per judgment dated 24.6.1996 of t......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
434425385384383379375363360349347346345330307