Search Options
Judgment Advanced Search
Displaying 3141-3160 of 3784 results.
Shahabuddin Vs. State, 2006, 35 CLC (AD)
....nal Procedure cannot lie praying to quash the judgment of a criminal trial unless it is shown that there is no legal evidence. In the instant case the learned Advocate-on-Record failed to make out any case before us to hold that the instant case has got no legal evidence. 7. In such view ...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......ascendance till 20.01.2003 on which dated he arrested was produced before the court. Thereafter he preferred an application under Section 561A of the Code of Criminal Procedure praying to quash the proceeding, which was registered as Criminal Miscellaneous Case No. 12022 of 2003 and a Division Be..Category: Criminal Law | Date: | Hits: 45
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
....d others. 4. Thereafter, the learned Additional Sessions Judge framed charge against the petitioners and 8 others under the aforesaid sections. During the trial the prosecution examined as many as 12 witnesses and the defence examined only 1 witness and after the trial, learned Additional...... brother of Wahidur Rahman, started abusing the unknown thief whereupon accused Sipar and Aziz protested and asked him not to make such abuse with filthy language for a jack fruit and .at one stage it turned into a severe altercation between them and on hearing the hue and cry, the other ac...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 84
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....erties the Ansars opened bank fire and the miscreants started firing from all sides on the Ansars and consequently four persons were killed. But the writ petitioner respondent was not in any way connected with that incident in any manner whatsoever and that he had no duty in that area ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ...... an affidavit-in- opposition denying the allegations made in the writ petitioners. 5. The High Court Division after hearing the parties made the rule absolute declaring the departmental proceeding against the writ petitioner-respondent as illegal. Hence is this petition. ..Category: Others | Date: | Hits: 97
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....ffers from through misconception both as to law and fact and also the submission that if the provisions of P.O. 27 of 1973 and the service regulations of 1961 are construed together there cannot be any other conclusion than that the Managing Director was the competent authority for passing the o......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......Order 1973 (President's Order No. XXVII of 1973). The respondent entered into the service of the then Pakistan Agricultural Development Bank in 1959 as a Class II Officer. Following a departmental proceeding on the allegation of violating the Bank's Service Regulation the respondent was compulso..Category: Administrative Law | Date: | Hits: 90
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....atter of the instant suit i.e. Other Class Suit No. 41 of 2000 and that because of the decree passed in respect of the property which was the subject matter of the Other Class Suit No. 37 of 1987, any subsequent suit is barred by res-judicata. He also submits that decree that was passed in Other......he same was dismissed for default on January 21, 1994. Decree in preliminary form passed in Other Class Suit No. 37 of 1987 was made final. Thereupon Execution Case No.1 of 1996 was filed. At that stage defendant No.3 of Other Class Suit No. 37 of 1987 filed Miscellaneous Case No. 5 of 1996 ...... Other Class Suit No. 41 of 2000 relief has been sought for setting aside the decrees that were passed in Other Class Suit No. 37 of 1987, although earlier the Respondent No.1 and others initiated proceedings to get the preliminary decree passed in the said suit set aside but they were unsuccess..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
.... Station and yard and the land so acquired for use of the Railway Station and yard was handed over to Railway on December 19, 1965 and February 27, 1966, that plaintiff has not obtained any lease of the land in suit from the Ministry of Works, that the land in suit is being used by th......f the claim the land in suit along with the other land was handed over to the Railway. It may be mentioned the Railway filed the letter and a map which has compositely been marked as Ext-B. At one stage of the hearing of the appeal we called for the record of the Title Suit No. 563 of 1987 of th......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....hin the next 45 days, all the said workers of the factory of the appellant were retrenched with effect from 10.11.8? and they were paid all their legal dues; the above retrenchments did not lead to any industrial dispute nor it was challenged by any of its workers or the Labour Union of the Matc...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......ere is no categorical or specific allegation as to which provision of law or the constitution has been violated. 10. The High Court Division discharged the Rule mainly on the ground that the proceeding before the Labour Court was started by the respondent No.3 on receipt of an application ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....hort, are that the property as stated hereinbefore belongs to the Respondent No.3, M/s. Lazaf Commercial Corporation Ltd. (hereinafter in short the Corporation), that the said Corporation is a Company registered in the then East Pakistan, that in 1972 when the shareholders of the Corporatio...... the appellant was not successful upto this Division. While appellant's suit filed challenging legality of the certificate issued for realization of the arrear rents, yet to reach finality at that stage from the office of the District Magistrate a Memo, was addressed to the Deputy Police Commiss......but the same was not returned to the appellant. The appellant as allottee having had not paid rent a certificate case was initiated against it. The appellant challenged legality of the certificate proceeding by filing a suit but ultimately the appellant was not successful upto this Division. Whi..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....that appellant Bank has filed suit, Money Suit No. 7 of 1996, in the Court of Subordinate Judge and Artha Rin Adalat, Jessore for realization of Tk. 39,32,725.92/- (as on 24.6.1996) impleading as many as 7 defendants including the present Respondent Nos.l and 2 stating, inter alia, that on the ......purpose, inasmuch as the Artha Rin Adalat Ain, 1990 nowhere provides that the suit may only be filed in the Artha Rin Adalat only against the borrower, and further that the Court could not at this stage give any finding or speculate about the decree that may be passed, that Section 5(1) of the A......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....ed by the defendant Nos. 1-6 that plaintiff has got no right, title and interest in the land in suit and he is not in possession of the land of suit plots, and they have not constructed any hut in the land of the plaintiff. It was also the case of the defendant Nos. 1-6 t......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......the defendant No.1 threatened him to dispossess and thereupon he filed Criminal Miscellaneous Case No. 89 of 1975 under Section 144 of the Code of Criminal Procedure on June 11, 1975; and the said proceeding was made absolute. Thereupon the defendant No.1 filed Title Suit No. 626 of 1975 in the ..Category: Property Law | Date: | Hits: 48
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....rd and that accused No.1 out of ill motive along with others on 10-11-1991 created a false kabala and forged the thumb impression of the complainant although complainant and her nephew did not sign any deed on that date and that in the petition of complaint that accused No.1 was made a purchaser......orgery, whether the document in question was forged or not can not be determined when the original is not filed and in such view of the matter the proceeding in question can not be quashed at this stage. The High Court Division in our view has correctly considered the provision of section 195(1)......inst him as the same is barred under the law and the Magistrate upon hearing enlarged the petitioner on bail and fixed the date for hearing as to framing of charge. 4. Against the aforesaid proceeding of G.R. Case, the accused-petitioner moved the High Court Division in Criminal Revision ..Category: Criminal Law | Date: | Hits: 37
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....ssly barred by limitation as such the same is liable to be dismissed. 5. The Order 21 rule 29 of the Code of Civil Procedure reads as under: "29. Where a suit is pending, in any Court against the holder of a decree of such Court, on the part of the person against whom t......ose. The same is also circumscribed by a discretion for the simple reason that a decree-holder should not be deprived of the fruit of obtaining a decree of the suit after a long ordeal at different stages of the suit and on the same principle the word 'may' can not be read as 'shall'. 8. T......e said decree in order to get possession of their respective sahams as allotted by the learned Munsif, in preliminary decree. The petitioner filed an application for stay of the further proceedings of the said execution case and dismissed the same under Order 21 rule 29 r..Category: Property Law | Date: | Hits: 34
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....e Code of Criminal Procedure. ........Our view is that a Revenue Court within the meaning of section 195(1)(c) of the Code of Criminal Procedure and therefore, a Criminal Court can take cognisance of any offence described in sections 463 and 471, 475 and 476 of the Penal Code on the basis of complai......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......on Bench of the High Court Division in Criminal MiscellaÂneous Case No. 3493 of 1995 registered upon an application filed under section 561A of the Code of Criminal Procedure seeking quashing of the proceedings of Case No. 520(1) of 1995 under sections 467/479/109 of the Penal Code, pending in the ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....eikh and Rabiul Mollah were apprehended by the villagers and the same has been established by the evidence of the witnesses as mentioned above. Of the apprehended accuseds, Rabiul Mollah did not make any confessional statement. Â Â Â Â Â Â Â Â Â Â Â 16. It is seen from the judgment of the High C......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ept in an exceptional ease the extra judicial confession of an accused on being apprehended is not voluntarily made and hence keeping that circumstance in view the Court is required to be cautious in proceeding to find an accused guilty of an offence on the basis of such extra judicial confession. U..Category: Criminal Law | Date: | Hits: 63
Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....hich included Tk. 4,28,599/- as profit under section 10(2) (vii) of Income Tax Act arising out of the aforesaid sale. 3. The appellant preferred appeal against the aforesaid assessment but without any success. ThereÂafter he filed further appeal before the Income Tax Appellate Tribunal which was......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......ction on the ground that it was "a transaction under involunÂtary circumstances and as such was voidable in its nature". Therefore, the view was taken that such question cannot be considered in this proceeding. Having considered this proposition the High Court Division then observed: "In this co..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....he appellant. Each of whom as such got 1/3rd share in the said holding. Dakhina Ranjan Dutta sold his share by a kabala dated 25-9-1978 to the responÂdent for a consideration of Tk. 20,000/- without any notice to the appellant. When this kabala was preÂsented for registration on 30-9-81 the appell......result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......etitioner making a new claim for pre-Âemption on the basis of contiguous ownership of the disputed lands would prejudicially affect the responÂdent as it would alter the nature and character of the proceeding and when it was barred by limitation. 3. The appellant filed an application under secÂ..Category: Procedural Law | Date: | Hits: 84
Abdul Mannan TalukÂder Vs. BD House BuilÂding Finance CorporaÂtion and another, 1989, 18 CLC (AD)
....available to a trade union leader working in the House Building Finance Corporation. The impugned order of transfer is an action taken in relation with the appellant's service in the Corporation, and any grievance with regard to that could only be agitated before the Administrative Tribunal………......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ...... remedy or this tribunal and not to others." 11. Mr. Hossain cited Md. Mafizuddin Vs. AbÂdul Hakim, 33 DLR (AD) 305 where the above obÂservation was noted with approval. That case arose out of a proceeding under section 26F of the Bengal Tenancy Act, 1985 and has got no relevance in this case. ..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... Judgment November 26, 1989. Result: The appeal is allowed. The Emergency Requisition of Property Act (XIII of 1948) Sections 3, 4, 5, 5A, 5(1a)(3), 7 & 14(A) There was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to me......spondents not having raised any grievance as to shortage of time nor havÂing prayed for any further time and they having not ever challenged the validity of the public purpose for acquisition at any stage (which could not be chalÂlenged in any case) and the Gazelle Notification acÂquiring the sui......a copy of the old notice under 5(1a) along with fresh notice under 5(3) in 1973 was only in compliance with a misconceived decree but it did not vitiate the fresh notice under 5(3) or the acquisition proceeding in any way. Hence findings of the High Court Division that bar of the suit under section ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....timate order refusing to interfere with the impugned notification. It appears that there is not a shred of paper to show that the government ever took possession of the house as abandoned property at any time and as to actual possession, the respondents have not brought any material to controvert th......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......sh in the Official Gazette (a) a list of buildings the possession of which has been taken as abandoned property under the President's Order (P.O. No. 16 of 1972). The minimum The Govt. must show in a proceeding where the publication of the list is challenged in respect of any properly by its owner, ..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....petitioners themselves filed their written objection much later. It was contended before the learned Judge that the trial Court did not give the petitioners an opportunity of being heard nor did hold any enquiry as to the actual amount of the consideraÂtion money. The learned Single Judge considere......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......n money with statutory compensation which the appellants opposed and such conduct of the appellants signifies their intention to achieve something indirectly, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the sa..Category: Property Law | Date: | Hits: 32
20572055204320402033203220292028202720212019201520062005199919981996199219901988