Search Options
Judgment Advanced Search
Displaying 3241-3260 of 7133 results.
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....dge erred in law in passing the impugned judgment without properly appreciating the provision of Order 7 rule 11 CPC and the same has resulted in error in the impugned decision occasioning failure of justice. 7. None appears on behalf of the plaintiff opposite party to oppose the Rule. 8. Mr. ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......…Petitioner Vs. Abdus Sattar being dead his heir Momtaz Begum……………………….Opposite Party Judgment June 15, 1997. Result: The Rule is discharged. Cases Referred to- Golam Kader and others Vs. Abdul Khaleque Chowdhury and others, 43 DLR (AD) 107; Noor Banu Vs......submits that the defendant had already filed Title Suit No.27 of 1985 for eviction of the plaintiff-opposite party from the suit land and as such the filing of the present suit is not maintainable in law. The learned Advocate also submits that the learned Subordinate Judge erred in law in passing th..Category: Property Law | Date: | Hits: 62
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ...... under section 25(1) of the Employment of Labour (Standing Orders) Act. 1965, but while making a claim before the Labour Court he flied it under section 15(2) of the Payment of Wages Act, 1936 which, according to him, is not maintainable. He further claims that the respondent No.1 filed the appli......(1998) 22. ......Hasan J.- This Rule was issued calling upon the respondents to show cause why impugned Judgment (Annexure-J) dismissing the appeal of the petitioner should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, the petition..Category: Labour and Industrial Law | Date: | Hits: 255
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
....e pointed out there that if no appeal is preferred from the side of the State in a police case the informant cannot be gaged in moving the Court in revision as “with the change of time and criminal justice time has come and experience also demand that High Court Division will have to be a little m......ase for our interference in this revisional application. The learned Additional Sessions Judge has not committed any wrong and illegality and there is no merit in this application. The Rule, is accordingly discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is a...... Abu Taher and others………Petitioners Vs. Hasina Begum and another…………….Opposite Parties Judgment August 19, 1997. Result: The Rule is discharged. Cases Referred to- Amjad Hossain and others Vs. State and another, 16 BLD 111; Kashem Ali Vs. State & ors, 9......present an appeal before the learned Sessions Judge against the order of acquittal passed by the Magistrate and as the same has not been done the entertainment of the revisional application is bad in law. It is also submitted that there is nothing on record to show that the State earlier refused to ..Category: Criminal Law | Date: | Hits: 83
State Vs. Abul Hashem, 1997, 26 CLC (HCD)
.... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... Hashem is altered to the sentence of imprisonment for life. Jail appeal No.1944 of 1992 is dismissed. Death Reference is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 17. ...... State…………………Petitioner Vs. Abul Hashem………………….Condemned Prisoner Judgment November 10, 1997. Result: Death References are rejected. Case Referred to- 8 BLD (AD) 109. Lawyers Involved: Syed Aba Kowser, Assistant Attorney-General - For the......sideration, then there is no evidence to connect them in the commission of the dacoity. 9. Mr. Syed Abu Kowser, learned Assistant Attorney-General, in reply submits that there is no requirement of law to state to a confessor that if he makes or does not make any confession he will not be sent to ..Category: Criminal Law | Date: | Hits: 66
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15....... Vs. Secretary-in-charge, Eastern Co-operative Jute Society Limited and others………………Respondents Judgment June 25, 1997. Result: The Rule is made absolute. Case Referred to- Anand Prakash Vs. Registrar, Co-operative Societies, AIR 1968, Allahabad page 22. Lawyers ......-92 passed by the respondent No. 3 Joint Registrar (Credit) of Co-operative Societies and Arbitrator in Dispute Case No. 3 of 1992 (Industry) (Annexure G) shall not be declared to be illegal, without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner after placing the..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....5 and 6 were examined and cross‑examined. The learned Tribunal fixed 24.9.92 for hearing and argument. On that date the respondent No.1 filed an application for recounting of the ballot for ends of justice. To this the petitioner filed a written objection stating that no objection in counting of b......the petitioner having secured the highest number of votes was declared elected with a declared votes of 2178 votes against 1701 votes received by the respondent No.1, the nearest rival candidate. So, according to the petitioner, the difference of votes had been more than 400. The result of the elect......li……………………..Petitioner Vs. Abdul Motalib and others…………………………Respondents Judgment July 6, 1993. Result: The Rule is discharged. Cases Referred to- Md. Shajahan Vs. Md. Sadeq & another, 38 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell...... entire election to be void. 6. In the election case, the petitioner filed written objection denying the material allegations made therein asserting that the polling and counting of the votes were lawful and there was no illegality as such and the election petition is liable to be dismissed. On 6..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....iled to appreciate the above provisions of law in the facts and circumstances of the present case and committed an error of law resulting in an error in the decision which has occasioned a failure of justice by setting aside the impugned order of temporary injunction granted by the learned Assistant......of the land concerned for digging out another tank over about 4/5 acres of land including the complex's other lands measuring 2.50 acres to make an alternative source of income for the orphanage, and accordingly, the Deputy Commissioner, Chandpur was approached who being satisfied with the require......) 727. ......ffs for permanent injunction. 3. The defendant Nos. 1 and 2 filed written statement to contest the suit by denying the material allegations made in the plaint and also by raising some questions of law including the question of maintainability of the suit, the same being hit by sections 43 and 44 ..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......er both brothers resided and acquired property at Rangpur town and that they took decision to get the property of Amar Chandra Saha at Rangpur town by way of exchange of their properties in India and accordingly both the brothers executed power of attorney in favour of their elder brother in India. ......rafat Hossain……………………..Petitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan......versity being weighty and reliable documentary evidence. So from this fact both the Courts believed that plaintiff opposite party came to this country as minor and the defendant petitioner became the lawful trustee in respect of acquiring property. 13. When the members of a Mohammedan family live..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ...... and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in holding, on the basis of applicant's erroneous return for the assessment year 1972‑73 and his contribution towards construction of the building, that the applicant is the real owner of the house property in ......ions said two have arisen out of the order of the Appellate Tribunal for our decision; “1. Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal was justified in law in holding, on the basis of applicant's erroneous return for the assessment year 1972‑73 and h..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......e learned Subordinate Judge leading to filing Second Appeal No.68 of 1969 in the High Court of Dhaka. The learned Judge allowed the Second Appeal and remitted the suit to the trial Court for disposal according to law. 3. The opposite‑party No.1 before me instituted Title Suit No.131 of 1982 in ......………………Petitioner Vs. Fatema Khatun and others………………………Opposite Parties Judgment February 11, 1991. Result: The Rule is made absolute. Cases Referred to- Mir Delwar Hossain Vs. Mirza Joynal Abedin Mokhtar, 29 DLR 214; Abdul Hafiz and others Vs. Sy......ordinate Judge leading to filing Second Appeal No.68 of 1969 in the High Court of Dhaka. The learned Judge allowed the Second Appeal and remitted the suit to the trial Court for disposal according to law. 3. The opposite‑party No.1 before me instituted Title Suit No.131 of 1982 in the Court of ..Category: Property Law | Date: | Hits: 49
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
.... their evidence ought to have been placed. When asked, of course, he could not show any law or authority as regards any legal bar in examining any such witness and relying upon him in the interest of justice, though not named in the FIR or in the charge‑sheet. In this regard, we may however rely o......r on 10.5.87 for allowing her to record another statement under section 164 CrPC before any competent Magistrate to give out the true and correct picture of the occurrence. The prayer was allowed and accordingly her statement was again recorded by another Magistrate Mr. Waliullah Miah P.W.1.2 in whi......Siraj Mal and others……………………Appellant Vs. State………………….Respondent Judgment December 7, 1992. Result: The appeal is allowed in part. Cases Referred to- Prafulla Kumar Bhattacharjya Vs. Ministry of Home Affairs Govt. of Bangladesh, 28 DLR 123; Gh......ore entering into the discussion on the submissions of learned Advocates for the parties in the light of the evidence on record, we deem it fit and pertinent to quote below the relevant provisions of law namely sections 4(b) and 4(c) and also section 9 of the Cruelty to Women (Deterrent Punishment) ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....the requirement of note (iii) to the said Regulation 6. He further submits that no enquiry was held and the petitioner was not given an opportunity of being heard in person which is denial of natural justice. 23. Before we examine the submission made by the learned Advocate for the petitioner we ...... Ministry in detail the case of the petitioner, whereupon the Ministry by its Memo No. WE/TA/‑12/86‑355 dated 4.12.86 advised the Authority to deal with the case of the petitioner and other cases according to rules without making further reference to the Ministry unless called for. The Authority......tions) Vs. Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29, 1992. Result: The Rules are discharged. Cases Referred to- BSI Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Md. Sekander Hossain Vs....... order dated 7.12.86 (Annexure D) and the subsequent order dated 10.1.88 (Annexure H) issued by Secretary, Bangladesh Inland Water Transport Authority should not be declared to have been made without lawful authority and are of no legal effect. 2. In Writ Petition No.110 of 1998 Rule Nisi was iss..Category: Employment/Service Law | Date: | Hits: 116
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
.... a case that he had no reasonable opportunity of availing of the alternative remedy provided for in section 30 of the Special Powers Act, 1974, it will be improper, inequitable and indeed a denial of justice if the door is shut upon the face of the accused person. 10. We find from the charge that......following order was passed. “As Gazette Notification has been made because of the absconding accused, this case is now ready for trial. Fix 20-6-78 for trial. Inns summons to the P.Ws. Issue P.W.accordingly.” And then the Tribunal without taking any step under sections 83 and 84 of the Cod......by the Secretary, Ministry Home Affairs, Bangla Secretariat, Dhaka & other………………….Respondents Judgment June 4, 1997. Result: The Rule is made absolute. Cases Referred to- Nesar Ahmed Vs. The Government of Bangladesh, Civil Appeal No.5 of 1996; Bulbul Vs. The Gover......etitioner under sections 304, Part 1/34 of the Penal Code read with section 26 of the Special Powers Act, 1974 in Special Tribunal Case No. 38 of 1976 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner’s case is that on 9-2-1975 one..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... the same on the shoulders of another person. Petitioner of the respective Rule cannot be allowed to be unjustly enriched though suffered no loss by such unauthorised payment of excise duty. Scale of justice is not in favour of the petitioner. In view the same we find no merit in these two Rules. ......ner of Writ Petition No. 3071 of 1992 that he would get refund of the excise duty paid by him within one year from the date of payment under Rule 11 and as such he was asked to make fresh application accordingly. According to the petitioner, refund of Taka 63,67,503.00 was refused to it. So respecti...... Industry Ltd……………..Petitioner Vs. Government of Bangladesh and others…………..Respondents Judgment July 24, 1997. Result: The Rules are discharged. Cases Referred to- Patel India (Private) Limited Vs. Union of India, AIR 1973 (SC) 1300; Shiv Shanker Dal Mills ......and decision of the National Board of Revenue dated 7-3-1992 rejecting the claim to refund of the sum of Tab 83,95,364.75 (Annexure-I) to the petition should not be declared to have been made without lawful authority and of to legal effect. 2. Rule in Writ Petition No.3071 of 1992 was issued at t..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....of 2004 where the Appellate Division did not interfere with the order passed in accordance with Rule 6 of the further submits that the aforementioned Rule 6 does not infringe the principle of natural justice in that the President of the Governing Body of the College is nominated by the authority of ......tter dated 05.07.2009 the local Member of Parliament wrote to the Inspector of Colleges for reconstitution of the Governing Body of the said College replacing the President and Bidyutshahi member and accordingly a new President and Bidyutshahi member were inducted by memo dated 17.08.2009 in accorda...... (In Civil Petition No.803 of 2011.) M. Amirul Islam, Senior advocate, Advocate instructed, by Md. Shamsul Alam, Advocate -on-Record-For respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 2311 of 2010 and 803 of 2011. (From the judgment and order dated 25.04.2010 passed......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..Category: Others | Date: | Hits: 153
Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......ndent No.1. M.K. Rahman, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.3. Not represented- For Respondent Nos. 2 & 4-9. Civil Petition for Leave to Appeal No. 463 of 2011. From the judgment and order dated 23.1.2011 passed by the High Court D...... cause that its inhabitants have been enjoying the municipal facilities". 5. Mr. M. Amir-ul-Islam, learned counsel appearing for the petitioner, contended that the High Court Division erred in law in failing to consider that the writ petition itself is not maintainable, inasmuch as, the wri..Category: Election Law | Date: | Hits: 172
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......ving preference to the tribal people in the employment of class II and III employees of the Council for an indefinite period is violative of articles 27 and 29 of the Constitution. Not only that, according to the amended provisions, the Government would not be able to employ persons in the other......) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Additional Attorney General Korunaymoy Chakma, Deputy Attorney Gener...... the National Committee on Chittagong Hill Tracts (NCCHT) and the Chairman of The Parbottya Chattragram Jana Shanghati Samity (PCJSS) should not be declared to have been made and executed without any lawful authority and contrary to the express provisions of the Constitution and void. 4. As it ap..Category: Constitutional Law | Date: | Hits: 219
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......………………………………………………………………………………………Respondents Judgment January 16, 1997. Result: The appeal is allowed. Cases Referred to- (1982) 3 Supreme Court Cases at page 38, 41 DLR 32; 19 DLR 662; 29 DLR 355; AIR 1964 (All) 29......ereby preferred the present criminal appeal. 6. The only point for consideration in this appeal as to whether the impugned judgment and order of conviction and sentence are just and sustainable in law. 7. Heard Mr. Syed Ziaul Karim, the learned Advocate for the appellant and Mrs. Sufia Khatun,..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....application. 20. Mr. Ziaur Rahman Khan appearing for the defendant‑Petitioners has submitted that the order of the learned District Judge is erroneous, bad in law and has occasioned a failure of justice and should be set aside. 21. Mr. Ziaur Rahman Khan has further submitted that the le......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......ers Vs. AKM Shamsuddin & others..........……………………………………Opposite Parties Judgment November 30, 1995. Result: The rule is discharged. Cases Referred to- AIR 1956 (Cal) page 428; 35 DLR (AD) 42. Lawyers Involved: Ziaur Rahman Khan, Advocate...... whose term had expired 6 months earlier, and therefore, no such legal committee could extend its own life with retrospective effect from 2 years to 3 years. And those arbitrary and high handed and unlawful acts of the plaintiffs have caused colossal damage to the spirit and image of the Samity and ..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
....ision that the homestead adjunct with chara land being situated in rural area is connected with agriculture and thereby committed error of law resulting in an error in the decision causing failure of justice. 4. It has been further submitted that the lower appellate court misconstrued the provisi...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......eque............................Petitioner Vs. Abdur Noor and others…….............Opposite Parties Judgment February 22, 1995. Result: The Rule is discharged. Case Referred to- Lutfun Nahar Vs. Syeeda Hashmat Ara Begum, 21 DLR 633. Lawyers Involved: MA Matin with ......ding without assigning cogent reason wrongly arrived at a decision that the homestead adjunct with chara land being situated in rural area is connected with agriculture and thereby committed error of law resulting in an error in the decision causing failure of justice. 4. It has been further subm..Category: Property Law | Date: | Hits: 52
57365735573457335732573157305729572857275726572557245723572257205719571657155714