Search Options
Judgment Advanced Search
Displaying 3081-3100 of 3784 results.
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
....als of land and that he gifted the same to his wife before conclusion of the proceeding and thereby ceased to be the co-sharer was erroneous. 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. ...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......Court Division on consideration of the evidence of P.W.1 and the Ext.4 held that pre-emptor on the death of his father inherited 6 decimals of land and he having had gifted the same during the proceeding to his wife ceased to be the co-sharer of the holding and thereupon made the Rule a..Category: Property Law | Date: | Hits: 24
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
....ing was over the Presiding Officer counted the ballot papers and some false Votes in favour of the present petitioner were counted and the agent of the election petitioner raised objection without any success. The verbal result was given in favour of the present opposite party No.1. 3. Th......such application was filed either before the Presiding Officer or the Returning Officer or any higher authority. He further submits that a case of recounting is to be established from the stage of counting of ballot papers but in the instant case no such case has been made out and the c...... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..Category: Election Law | Date: | Hits: 111
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
..... 6. In support of the petition Mr. Abdus Sobhan, learned Senior Advocate submits, inter alia, that the High Court Division committed error in disregarding the fact that the dispute, if any, between the parties is of civil nature and that the complainant bank already instituted Miscel......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......aneous Case No.15 of 1992 for realization of outstanding dues from the accused petitioner and that the dispute arose out of loan money given to the accused petitioner and as such the criminal proceeding against the petitioner is an abuse of process of the court. 7. He further submits..Category: Criminal Law | Date: | Hits: 44
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....bove it appears that the High Court Division clearly stated that the trial court if need may add the applicant (the petitioner) as a party in the suit and in such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made abo......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ......der No. 23 dated 13.10.2003 passed by the Assistant Judge, Nawabganj in Title Execution Case No. 04 of 2000 rejecting the application of the judgment debtor respondent No. 1 for stay of all further proceedings of Title Execution Case No. 4 of 2000. 2. Respondent Nos. 2-4 as plaintiffs file..Category: Property Law | Date: | Hits: 33
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
.... enjoying and claiming more than their purchased land, that they are trying to create certain ante-dated forged documents in support of their claim and that if the defendant Nos.1 and 2 submit any such document must be fraudulent, forged and not binding on the plaintiffs, that Prabhat C......ter. It appears the requiring body in the background of the decision of the competent authority derequisitioning .57 acre out of .85 acre has not, inspite of being party, contested the suit at any stage disputing or questioning claim of the plaintiffs. In view of the discussions made here......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
Abu Taleb Vs. State, 2007, 36 CLC (AD)
....that the Special Tribunal proceeded with the trial of the case illegally in the absence of the petitioner, inasmuch as no notice was issued asking the petitioner to appear while he was on bail nor any warrant of arrest was executed to effect his appearance. 7. He further submits tha...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......ng there is no necessity for issuing further notice upon him as claimed on behalf of the petitioner and, in such view of the matter, we do not find that the trial Court committed any illegality in proceeding with the case in the absence of the petitioner following the provision of section 27(6A)..Category: Criminal Law | Date: | Hits: 47
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....essed in the reported case as to, that if in the notice terminating the tenancy period for vacating the premises in suit mentioned is of before the expiry of the month i e. it is in the middle, or any date which is prior to the last day of the month, the same would not be an invalid notice termi......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... reads as follows: "12. (1) Where there are more plaintiffs than one, any one or more of them may be authorised by any other of them to appear, plead or act for such other in any proceeding; and in like manner, where there are more defendants than one, any one or more of them ..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the suit. His case is that he purchased the entire land of CS plot No. 366 with his own money in his name and in the benami of his 3 minor brothers, that his brothers had never owned and possessed any part of the land of CS plot No. 366, that Heba-bil-Ewaz deed of defendant No.4 in favour of his...... Imamuddin filed Miscellaneous Case (preemption) No.62 of 1956 under section 26F of the Bengal Tenancy Act seeking pre-emption of the transfer made by Safatunnessa Bibi to the plaintiff and at one stage of the Miscellaneous Case the defendant No.1 dispossessed the plaintiff from the land in suit......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....expressed by my brother Mr. Md. Joynul Abedin, J as to the provision of Article 31 of the Constitution relating to the matter of awarding of sentence of death under the provision of the Penal Code or any other special law. Since the four convicts, as to whom my brother Mr. Joynul Abedin, J's separat...... the petitioner and the witnesses nor any suggestion was given denying the occurrence. The plea now raised by the learned Counsel is not too late in the day which was not raised by the accused at any stage nor any such suggestion was even given to the effect. 77. As already mentioned the petition......34 of the Penal Code and sentenced each of them to death. Another accused Md. Sultan Khan has however been acquitted. The learned Additional Sessions Judge after passing the said judgment submitted proceedings to the High Court Division under section 374 of the Code of Criminal Procedure on th..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....tside and in that situation the port authority cancelled the contracts. 7. The learned Counsel for the respondent No.1 submitted that the trial Curt, discussing in details the evidence on record, many of which were admitted ones, and also answering all the points raised by both the parties, gave ......d on 14-1-1987, the respondent No.1 deposited Taka 20,00,000 as security and started the construction works and received payments of several running bills from the port authority; however, at a later stage the construction works were about to be closed down for the inability of the port authority to......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....ng amounts of the bank have not been paid and the plaintiff bank also made correspondence with the respondent No.3, Ministry of Finance claiming the money but the plaintiff-respondent did not receive any money. The defendant-petitioner, from time to time, requested the plaintiff bank for time to mak......nt of the Artha Rin Adalat without making any case covered under the aforesaid Article not to speak of any ground touching fundamental rights of the petitioner. As a result, the superior Courts are wastage of public time which should be discouraged by all concerned including the learned members of t......ly efficacious remedy is provided by law — (a) on the application of any person aggrieved, make an order ……………………………………….. (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or ..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....itution is applicable by analogy to punishment of Government Servants in a departmental proceedings as well. Learned counsel further contends that Article 31 of the Constitution which prohibits any action detrimental to life, liberty, reputation or property of any person except in accordance......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......riminal prosecutions. 'Double jeopardy', which has been defined in Black's Law Dictionary, means danger of being convicted and punished more than once on same facts constituting offence in a criminal proceeding only. It is to be seen whether this principle may be extended to punishment of a public s..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)
....ult: The Appeal is dismissed. The Excise & Salt Act (I of 1944) Section 12(A)(1) The basis of the exemption from payment of excise duty is the manufacture of footwears without the aid of any machinery or equipment operated by power, steam or gas. The exemption cannot be denied by giving......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......y process of manufacture including the packing or repacking of a manufactured product. 13. In the writ petition the respondent only challenged the appellants' order dated 11th July, 1985. In the proceeding no case of seizure, evasion of payment of excise duty or imposition of excise duty came u..Category: Fiscal/Taxation Law | Date: | Hits: 114
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....ouraged the buyers to purchase it and himself negotiated the price. This conduct of the pre-emptor was reasonably sufficient to give rise to waiver and acquiescence, and thus estoppel will operate in any case because the conduct of the pre-emptor has induced the purchasers (appellants) to alter thei......vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......l, 1984 passed by the High Court Division, Sylhet Bench in Civil Revision No. 55 1983). Judgment ATM Afzal J. - This appeal by leave at the instance of the Pre-emptee-appellants arises out of a proceeding under section 96 of the State Acquisition and Tenancy Act, 1950 and is directed against t..Category: Property Law | Date: | Hits: 47
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....arent that for change of polling station whether in the case of first election or repoll a period of fifteen days to intervene between the date of change and that of the poll is necessary. In case of any indispensable necessity for change of polling station the returning officer must seek approval o......e of the contesting candidates; particularly the respondents. The result of the election was announced and it was going to be published in the official Gazette by the election Commission. At this stage the election in each of these three Unions was challenged by the three separate writ petitions......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...Category: Election Law | Date: | Hits: 163
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....; 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts to giving approval to the entire- proceeding from the beginning to the end. So, any deficiency of authority for conclusion of the proceeding is cured……(3) Lawyers Involved:......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......ka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts t..Category: Employment/Service Law | Date: | Hits: 98
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....spondent will be ready to furnish proper security for refund of the amount in case the ultimate result of the appeal goes against him so that the appellant may get back his money without facing any difficulty. 4. In these circumstances, we direct that the execution proceeding be stayed if......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ...... given due consideration to the question as to balance of convenience and inconvenience, nature of the decree and submissions made on behalf of both the parties and took the view that the execution proceedings should not be stayed. We do not think that the discretion has been wrongly exercised. ..Category: Civil Law | Date: | Hits: 117
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
....n this case the order for re-poll was not made by the Election Commission, but by the Returning Officer. It may be kept in mind that Election Commission's approval or concurrence is necessary for any fresh election if directed by the Returning Officer. But the main question is whether at an in...... may be kept in mind that Election Commission's approval or concurrence is necessary for any fresh election if directed by the Returning Officer. But the main question is whether at an intermediary stage of election Writ-jurisdiction of the High Court Division is at all available, particularly whe...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....respect of the land of all the 3 schedules. As against the judgment and decree of the lower appellate Court the appellants herein took second appeal before the High Court Division but without any success. 3. The suit was filed stating, inter alia, that land of 'Ka' schedule belonged t......ff No.2 took shelter in the house of her father and started a criminal case against the defendant No.4 and some others and they were convicted, but were acquitted by the appellate Court and at that stage trouble arose between the parties over the possession of the land of schedule 'Ka' ......itted by the appellate Court and at that stage trouble arose between the parties over the possession of the land of schedule 'Ka' 'Kha', and 'Ga', that at the instance of plaintiff No.2 a proceeding under section 144 of the Code of Criminal Procedure was started but later on same was c..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....er sister Sharmin Hasnat Nelly was allured by one Imtiaz Ahmed Sumon (co-accused) and pretended to have married her and then he left for United States of America and that thereafter he did not keep any connection with Sharmin Hasnat Nelly and in the month of November 2001 it was circulat......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......ered the submissions made by the learned Advocate and perused the materials on record. On perusal of the materials including the police report we are of the view that it cannot be said that no proceeding lies against the petitioner under the aforesaid provision of law nor the case is barred..Category: Criminal Law | Date: | Hits: 52
22302228222122122209220422022197219321912190218921882186218221812173217121662165