Search Options
Judgment Advanced Search
Displaying 3001-3020 of 3456 results.
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....only if this condition is satisfied." 6. Mr. M. H. Khandkar, the learned Attorney-General appearing for the appellant contended that the learned Judges of the High Court erred in not holding that the minimum requirements of legal proof for sustaining an ex-parte decree were lacking ......sion, Comilla) for executing and starting work at once as per schedules of the tender. The suit was filed against the erstwhile Province of East Pakistan as defendant No. 1 and five others who are Government servants. 4. The defendants entered appearance on 11.11.64 and prayed for time to file ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... failed, the dispute was referred by the Khulna News Print Employees Union to the Industrial Court which in its award published in the Gazette on 24-2-64 ordered the reinstatement of Nurul Gani after holding that as his services were terminated without assigning any cause the order was wrongful and ......employer to terminate the services of a permanent workman by giving him notice or pay in lieu thereof has undergone any change. Clause (b) of sub-section (2) of section 15 of the Act empowered the Government to make rules to set forth Model Standing Orders and in exercise of that power the Central..Category: Labour and Industrial Law | Date: | Hits: 107
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
.... in the "service of Pakistan". Moreover, the terms and conditions of service of the respondents, it is admitted, were not governed by any statutory rules. The learned Judges were, therefore, right in holding that the guarantee under Article 177 of the Constitution of 1962 was not available to the ...... Termination of service The respondents were in the employment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law of master and servant was applicable to..Category: Employment/Service Law | Date: | Hits: 96
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....tion was raised on the basis that in a suit under the Fatal Accidents Act XIII of 1855 this was the only ground upon which damages could be claimed. The trial Court, however, repelled this contention holding that the suit was both under the said Act as well as under the general law of torts. Furth......No. 73-D of 1966). Civil Appeal Nos. 38-D of 1965 and 73-D of 1966. Judgement Hamoodur Rahman CJ.— Both these appeals arise out of a suit filed by the respondents herein for the recovery of a sum of Rs. 15000/- as damages suffered by them by the loss of their daughter, a girl of a..Category: Others | Date: | Hits: 124
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
....justice has implied authority to commit him to jail till he complies. Before sub-section (2) was added to section 476 Cr. P.C. an order directing that a complaint be made to a Magistrate for holding an inquiry into an offence referred to in section 195 was not open to appeal. However, a rev......ot be enforced. (Exh P. Martin, (1879) 4 QB, D. 212: an act which authorises the making of by-laws impliedly authorises the annexation of a reasonable pecuniary penalty for their infringement, recoverable in the absence of other provisions by action or distress (Hail vs. Nixon (1875) L. R. 10 Q...Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....sed the property in the benami of his relation. Section 167 of Bengal Municipal Act, 1932, provides:— "The sum due on account of any rate under this Act from any person in respect of any holding shall, subject to the prior payment of the land revenue (if any) due to the Government or o...... title deeds. 2. The case of the plaintiff is that the defendant No. 2, M. Sekandar Ahmed, who is a contractor and a land owner, approached the plaintiff bank and wanted financial help by way of overdraft arrangement upto a sum of Rs. 25000/-. The plaintiff bank agreed to the proposal. The said..Category: Banking Law | Date: | Hits: 230
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....te arbitrator and also directing the arbitrator, to whom the dispute may so be referred, to complete the arbitration within one year from the date of receipt of the records from the court and also holding that in case of failure the suit shall proceed. 2. The appellant filed the above M......ndling and transportation of the goods of the 1st defendant was subsisting and the plaintiff also prayed for an order restraining the defendants from committing breach of the same by way of handing over that work to someone other than the plaintiff and on the same date a notice of motion was take..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
.... Md. Fazlul Karim J.- This appeal by leave was to consider the submission that the High Court Division misdirected itself in holding that both the Courts below found that the plaintiff did not acquire title by adverse posses...... Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as the enemy..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... the High Court Division, the learned Single Judge of the High Court Division acted wrongly and illegally in taking the same into consideration and remanding the case on the basis of Ext. A wrongly holding that admittedly the defendant classified the Cinema Hall as a commercial investment with ef...... 23-2-1988 is a letter from Deputy Chief of Energy and Mineral resources Ministry to General Manager (Commercial), Power Development Board, Dhaka and the same does not reflect any decision of the Government or of the defendant not to trust the plaintiff as a commercial establishment and the same..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....the Regulation would have been void, being contrary to the overriding provisions of section 3 of the said Act.” I do not find any reason to differ from that view. 6. There is one more reason for holding so. The respondents are public servants within the meaning of section 2(d) of the Act. Being......ovision has been adopted from the Public Servants (Retirement) Act, 1974 (Act X11174) mutatis mutandis in that the Corporation has been allowed to take action as a retiring authority in place of the Government. Section 9(2) of the Act is as follows: “The Government may, if it considers neces..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... deed was therefore limited to his daughters and did not include other descendants clearly the provision for appointment of Mutwalli in the deed has been a misreading by the High Court Division by holding that the Waqf Administrator and the District Judge had not followed the provision of the wa......t Muslim Law does not recognise any right of inheritance to the office of Mutwalli but the office may become hereditary by custom in which case the custom should be followed. The judicial decisions over the years in the sub-continent that laid down how the court may be guided in appointing a Mut..Category: Trust/Waqf Law | Date: | Hits: 209
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....bsp; M Amin Chowdhury CJ.- This petition for leave to appeal is against judgment and order dated 30th January, 1997 passed by the High Court Division accepting Death Reference No. 6 of 1994 upholding the conviction and sentence of petitioners Giasuddin and Jamal Uddin alias Abullah under s......ls on record it appears that on receipt of the information PW 9 Molla Mohammad Shahjahan came to Khirodiya cross road and found the dead body of Mostafizur Rahman lying there. He then held inquest over the dead body in presence of the witnesses and handed over the same on identification to Const..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ors, they also became the co-sharer tenants in the case land and as such the applications for pre-emption are maintainable at the instance of the pre-emptors as they had an interest in the case holding as co-sharer tenants.” 6. It may be mentioned Title Suit No. 245 of 1979 i......arty (Plaintiff) in the suit. The High Court Division was in serious error in allowing pre-emption only because prima facie it was established that Kulsuma and Rahima are sisters of Ilias Mia upon overlooking the material fact that establishing something prima facie is never the establishing of ..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... materials by judgment dated 11-8-1999 discharged the Rule. 5. The learned Advocate appearing on behalf of the petitioners submits that the High Court Division committed wrong holding that the petitioners failed to make out any case for rejection of the plaint under Order 7 ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... petitioner, submits that the order passed under Regulation 55(2) of Service Regulations 1990 is a termination simpliciter and as such the learned Judges of the High Court Division erred in law in holding the same to be mala fide one. 5. It appears that the Corporation initi...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
....ase challenging the order of his dismissal. The AT although found that some of the allegations against the respondent was proved during the departmental enquiry but set aside the order of dismissal holding that the Superintendent of Police had no jurisdiction to dismiss the respondent, who was a ......bsp; Abu Sayeed Ahammed J Government of Bangladesh and others. .........................Appellant Vs. ..Category: Administrative Law | Date: | Hits: 116
.... of their title to the disputed land was dismissed for default, the learned Judges of the High Court Division erred in deciding those disputed question of facts under the writ jurisdiction and in not holding that the petition itself was not entertain able, that impugned Annexure-W being an office or......ative Society, members whereof were refugees, was registered in 1951 for the welfare of its members, the Mohazir, by way of providing residential accommodation and in 1952 the Society applied to the Government for allotting lands for the construction of residential accommodation of the Mohazir Membe..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....udges of the High Court Division erred in law in setting aside the concurrent findings of the courts below that Beloka Sundari had no legal necessity to transfer the property and thereupon erred in holding that Beloka Sundari had legal necessity to transfer the land in suit by the kabalas dated ......d by the aforementioned judgment and decree the suit which was for declaration of title to the three items of properties described in the ‘Ka’ schedule attached to the plaint and for recovery of khas possession thereof. 2. Plaintiff-petitioner filed the suit a..Category: Property Law | Date: | Hits: 47
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....ting tenancy, the notice under section 106 Transfer of Property Act Exhibit 2 having been issued on 18-1-74 terminating tenancy with the expiry of 28-2-74, the High Court Division erred in law in not holding the tenancy has been terminated with the service of notice under section 106 Transfer of Pro......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
14211420141814121410140913731363136213601359135513531352135113501349134813431336