Search Options
Judgment Advanced Search
Displaying 3341-3360 of 7097 results.
Mojibar Vs. State, 1998, 17 CLC (HCD)
....er sections 395/397 of the Code and he may be acquitted thereof and must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 507. ......nfession on (Ext. 3) there is no corroborative evidence either direct or circumstantial evidence before us against the accused appellant. So we find that the learned Assistant Sessions Judge erred in law in admitting the confessional statement of a co-accused as substantive evidence against the accu..Category: Criminal Law | Date: | Hits: 78
Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)
....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......table, influential or highly placed in the society by reason of his being rich or educated or politically connected or otherwise holding important post or office he cannot avoid the due course of the law to appear before the Courts below and use this court as a substitute of the Subordinate Courts�..Category: Criminal Law | Date: | Hits: 84
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......n contest holding, inter alia, that the suit is bad for defect of parties and that the suit property having not been properly and specifically described in the plaint, The suit is not maintainable in law. Being aggrieved, the plaintiff petitioners filed an appeal before the District Judge, Dinajpur ..Category: Procedural Law | Date: | Hits: 91
Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)
.... see the actual recovery but both of them stated that they saw the accused persons there and they also saw the arms and ammunition recovered but they could not say from whom those were recovered. The provisions of section 103 of the Cr.P.C. cannot be applicable because if the police disclose about s......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...Category: Criminal Law | Date: | Hits: 59
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....e petitioners’ tenants from an unspecified portion of the suit property and demolition of the tin-sheds standing therein and delivering possession to the decree-holder are in clear violation of the provision of law and, as such, the petitioners are entitled under the law to restoration of possessi......puted property without any reference to possession therein, the award decree are essentially a preliminary decree and it could not be executed without making the decree a final one in accordance with law and consequently all actions taken by the learned Advocate Commissioner in pursuance of the orde..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......some of them signed their names thereto. In cross, he admitted that he recorded the confessional statements of the accused persons in his chamber-after observing all the formalities as provided under law. He claimed that on 6-8-88 he recorded the confessional statements of accused Abu Bakar Siddique..Category: Criminal Law | Date: | Hits: 70
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......of the fact that the petitioner duly served the interrogatories upon the plaintiff detailing the names of 36 persons as necessary parties in the partition suit, the learned Subordinate Judge erred in law in subs exempting the plaintiff from making them parties to the suit and the same has occasioned..Category: Procedural Law | Date: | Hits: 67
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....t, 1994 and the Rules framed under the Companies Act (which were framed by the Calcutta High Court under section 246 of the Companies Act, 1913 and are being followed by this Court) have not made the provisions of Order 47 rule 1 of the Code of Civil Procedure applicable for review by the Company Co......t has jurisdiction to review its own order dated 7-2-1999 and whether the present application for review is maintainable. 9. The power of review by a Court is not inherent. It must be conferred by law specifically or by necessary implication. Jurisdiction for review being a creature of statute or..Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
....ppointment of a Mutwalli the Board, subject to any order of a competent Court , may appoint for such period as it thinks fit a person to act as Mutwalli.” From the above it appears that the said provision has some similarity with the provision of section 43 of the Waqfs Ordinance, 1962. But the......zrat Malek Shah Pir Yeameni (R) Mazar Waqf Estate and appointing respondent No.3, Deputy Administrator of Waqfs (1) as official Mutawalli (Annexure-F) should not be declared to have been made without lawful authority and of no legal effect. 2. Learned Advocate for the petitioner, after placing th..Category: Trust/Waqf Law | Date: | Hits: 142
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....k his money deposited with his tenders. 20. Before parting with the case we are contained to observe that the learned Judge lacks basic concepts on the law on contract and the applicability of the provision of section 42 of the Specific Relief Act. 21. Let a copy of this judgment be forwarded,......el any tender without assigning any reason. 4. At the suit the learned Judge considered the following issues: (i) Is the suit maintainable in its present form? (ii) Is the suit barred by the law on limitation? (iii) Is the impugned order dated 4‑8-1992, rejecting the tender, withou..Category: Civil Law | Date: | Hits: 82
Almas Miah Vs. State, 2002, 31 CLC (HCD)
....ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ...... average intelligence that it was counterfeit or forged, nor any such question was put to the accused during trial, the conviction and sentence of the accused under the section cannot be sustained in law. Cf. AIR 1979 SC 1705. 13. Even when an uneducated rustic citizen in usual course of daily li..Category: Criminal Law | Date: | Hits: 87
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......posite parties to show cause as to why the detenu Advocate Md. Matiar Rahman should not be brought before this court so that it may satisfy itself that the detenu is not being held in custody without lawful authority or in an unlawful manner or such other or further order or orders passed as to this..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....amadars are entitled to the salary equivalent to the scale of drivers. 11. Considering the nature of job of the 2 classes of employees of the Supreme Court, namely, the Jamadar and the driver, the provisions of article 113 of the Constitution and the findings given by the High Court Division as s......etitioner No.2 (annexure-L to the writ petition) refusing re-fixation of the pay scale of the writ-petitioner to the scale of the driver of the Supreme Court of Bangladesh to have been issued without lawful authority and is of no legal effect and also for direction upon the present petitioners (re..Category: Employment/Service Law | Date: | Hits: 86
....the High Court Division erred in law and upon the facts in passing the judgment and order, since it failed to appreciate that the pro-forma respondent No. 3 Company has been duly complying with the provision of section 185 of the Companies Act, 1994 and giving a true and fair view of its profit an......counsel for the respondents also deserved scrutiny. Hence, leave is granted to consider the following grounds as proposed on behalf of the petitioner:
I. Whether the High Court Division erred in law and upon the facts in passing the impugned judgement and order since it failed to appreciate tha..
Category: Company Law | Date: | Hits: 366
....e on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave petitions are summarily dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 562.......t Division in Writ Petition Nos.7911 of 2010, 4780 of 2010, 8492 of 2010, 8735 of 2009 and 8734 of 2009 disposing of the Rules.
2. The above mentioned writ-petitions involving similar questions of laws and facts have been heard together and as such are being disposed of by this common judgment.
..
Category: Employment/Service Law | Date: | Hits: 66
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
..... 2. Mr. Abdul Khaleque, the learned Advocate appearing for Mr. SS Halder on behalf of the submits that the court of appeal below erred in law in making the order of remand completely ignoring the provision of Order 41 rule XXIII of the Code of Civil Procedure and the same has occasioned failure ......petitioners moved this Court and obtained the present Rule. 2. Mr. Abdul Khaleque, the learned Advocate appearing for Mr. SS Halder on behalf of the submits that the court of appeal below erred in law in making the order of remand completely ignoring the provision of Order 41 rule XXIII of the Co..Category: Property Law | Date: | Hits: 75
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....e service conditions and wages of the workers from time to time and last settlement was arrived that on 4-4-95. Petitioner terminated the said settlement by two months notice dated 19-3-98 as per the provision of section 40(2) of the said Ordinance which was effective from 19-5-98. Thereafter, the r......respondents to show cause as why judgment and order dated 22-11-98 passed by the respondent No.1 in Interpretation Case No. 30 of 1998 (Annexure-3) should not be declare to have been made without any lawful authority and of no legal effect. 2. After placing the petition and impugned Judgment lear..Category: Labour and Industrial Law | Date: | Hits: 168
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....stion was illegal since the same was initiated upon a report submitted by an officer not authorised by law. He further submits that investigation of the case ought to have been stopped in view of the provision of section 167(5) of the Code of Criminal Procedure and the petitioner should have been re......mentioned herein before. 6. Learned Advocate for the petitioner submits that proceeding in question was illegal since the same was initiated upon a report submitted by an officer not authorised by law. He further submits that investigation of the case ought to have been stopped in view of the pro..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
.... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......ike the previous years the complainant sowed Gabara and Nyatpasha paddy in the case land and it grew well and became ripe for harvest. At about 9-00 AM on 21-11-92 the accused persons by forming an unlawful illegally trespassed into the case land and dishonestly cut and took away the ripe Gabura pad..Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
....d 31-1-1990. 4. On 6-5-1990 petitioner filed an application under section 241A of the Code of Criminal Procedure with the prayer of discharging him from the proceeding contending, inter alia, that provision of law as in the Act is applicable only in respect of ‘public servant’ and that the pr...... 4. On 6-5-1990 petitioner filed an application under section 241A of the Code of Criminal Procedure with the prayer of discharging him from the proceeding contending, inter alia, that provision of law as in the Act is applicable only in respect of ‘public servant’ and that the provisions of t..Category: Criminal Law | Date: | Hits: 62
56025601560055995597559655955593559255905589558855865585558455835581558055795578