Search Options
Judgment Advanced Search
Displaying 321-340 of 6460 results.
....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......ted to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......cribed period may look into this aspect in order to be satisfied that the Investigating officer was not indolent in concluding the investigation beyond the stipulated period of time.
7. Now, the question remains since rule 10 does not include any consequential provision, as such, whether non-co..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......houses with prior permission of the Rajdhani Unnayan Kartipakha (RAJUK). The writ respondent No.4, a Revenue Officer, subsequently by order dated 28th October, 1996 directed for recording the said land along with other lands as abandoned property in Miscellaneous Case No.2103 of 1994. The writ p......t any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ......Civil Appeal No. 209 of 2007. (From the judgment and order dated 21.1.2002 passed by the High Court Division in Writ Petition No.3445 of 1998.) Judgment Surendra Kumar Sinha J. - The question arose that in this appeal is whether in presence of an alternative remedy, the High Court ..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....en at its instance the mortgaged property was sold in auction. The auction-purchasers who were the petitioners in the High Court Division got a sale deed registered and also got the delivery of possession of the property through the process of the Court. Thereafter, the petitioners who are ......, we find merit in the contention of the learned counsel. Leave is, therefore, granted on additional ground Nos.1 and 2 and ground No.1 submitted later this day as under: "I. Because the land described in the mortgaged document is unspecified and in the certificate granted by the Court......tended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......ar Sinha J. - Plaintiffs in a suit for realization of Tk.8, 46,795/- seek leave from a judgment and order of the High Court Division exercising its revisional jurisdiction. 2. The suit in question was decreed ex-parte and pursuant to the decree, the decree-holder-Rupali Bank, Uttara Mod..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... bona fide with the diligence and in good faith and he under the advice of his lawyer instead of filing the suit for specific performance of contract wrongly filed the suit for redemption of the suit land from usufructuary mortgage and that the plaintiff have categorically pleaded in his plaint that......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ...... in the writ petition, in short, was that one Prodip Kumar Saha took loan of taka 2 lac from Janata Bank, Ullapara Branch, Serajganj (hereinafter referred to as the Bank) on mortgaging 10 decimals of land. As Prodip Kumar Saha defaulted to repay the loan, the Bank filed Artha Rin Suit No.147 of 1993......ndings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ticipated in the said auction on 21.01.2008, but failed to succeed. Thereafter, the petitioner as 3rd party claimant to a part of the auction sold property (hereinafter referred to as the property in question) filed an application under section 32 of the Ain, 2003, by depositing 25% of the decreetal..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......ly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ...... copy” of “entry in banker book” within the meaning of section 4 of the Banker’s Book Evidence Act, 1891 disclosing such fact as would prove consideration for the instrument or instruments in question in accordance with the provisions of rule 3 of Order XXXVII of the Code; the defendant, Ame..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ......mpted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ...... in a proceeding particularly which is of civil nature is that the court concerned has to consider whether the presence of the applicant is necessary for the purpose of adjudication of the dispute in question completely and effectually and in doing so we find that question before the respondent No. ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......el and send a pilot to Outer Anchorage and engage necessary tugboat and other equipment for bringing the vessel inside the port; The said Authority realizes the pilotage, tugboat, river dues, landing/shipping charge, stuffing/unstuffing charge etc. from the shipping agents/ship owners/impor......scharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......ise all powers and do all acts and things which may be exercised by the respondent No.1. Section 5(2) of the Ordinance states further that the Board in discharging its functions shall be guided on question of policy by such directions as may be given to it by the government. Section 8 of the Ord..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....hese petitioners were arrested by police on 11-11-2011 as their name were disclosed in the confessional statement made by co-accused Abdul Karim. He also submits that nothing was recovered from their possession. He further submits that the police could not complete the investigation within the time ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ...... ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......ate, reported in 8 MLR (AD) 53 = 55 DLR (AD) 33, wherein at paragraph 13, it has been held "The powers to release ah accused-person on bail under section 498 CrPC are virtually unlimited and the question is entirely one of discretion bearing in mind the general principle that in refusing bail i..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
....t acquire any right, title and interest in the case property and because of the said purchase by writ petitioner No.1 the character of the property was not changed. On 07.04.1973, the Government took possession of the property and Khawaja Md. Zarrar applied to the Government for allowing him to stay......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......ted 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
......udgment and order dated 16th and 17th April, 2002 passed by a Division Bench of the High Court Division in Writ Petition No.1806 of 2000 making the Rule absolute.
2. The writ petition was filed questioning legality of listing House No.240 at Road No. (21 (old)/ 11/A (new)) in Dhanmondi Residen..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......se not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ......ta requirement has not been adhered to by the respondents remains uncontroverted and in that view of the matter it cannot be said that the respondents have acted within lawful authority. 18. The question that arises for consideration is whether these memos have aroused an expectation in the min..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......al Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ......4546 of 2012). Judgment Syed Mahmud Hossain J.- Civil Petition for Leave to Appeal No.1434 of 2012 and Civil Miscellaneous Petition for Leave to Appeal Nos.622-624 of 2012 involving similar questions of law having been heard together and are now disposed of by this common judgment. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
....ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 740.
......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 740.
......sed of in the light of the above observations. No costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 740.
.......312 of 2008
(From the judgment and order dated 19.11.2006 passed by the High Court Division in Writ Petition No.2961 of 2005.)
Judgment
Surendra Kumar Sinha J. - In this appeal the pivotal question raised on behalf of the appellants is whether the writ petitioners who were appointed on co..
Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ...... find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......the petitioner under the first part of section 26(2) (Ka) of the Ain, 2004 making him liable for prosecution. In this regard, we also endorse the view of the High Court Division that "However, the question whether the accused-petitioner was really served with notice in time to respond or wheth..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....titioners as the plaintiffs filed Title Suit No.195 of 2002 in Sixth Court of Senior Assistant Judge, Dhaka for specific performance of contract, for executing a deed of sale and for recovery of khas possession against the defendants. 3. On 3-3-2......; 3. On 3-3-2002, defendant No.1 executed a bainapatra in favour of the plaintiff on receipt of Taka 50,000 out of the total consideration of Taka 60,000 for selling the land appended in the schedule to the plaint. On the date of bainapatra it was stipulated that the pl......on is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......onal evidence at the appellate stage and, as such, the impugned judgment should be set aside. He further submits that the High Court Division came to the finding that defendant No.1 did not raise the question of genuineness of his signature on the 'bainapatra' at the trial and that no such issue was..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......of revisional jurisdiction without affording him any opportunity of being heard. 2. Respondent No.1 instituted Other Class Suit No.3 of 1999 seeking declaration of title in respect of the suit land. The suit was dismissed by the trial Court. He took an appeal in the lower appellate Court an......eal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......s of the deed of gift, the thumb impressions appearing therein should be examined by an expert for the purpose of enabling the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. Though the High Court Division allowed the prayer ex parte, the de..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
....n of fruits, vegetables and orange orchard by registered
deed of lease. That in the lease deed there was an option of renewal of lease
for a further period of 25 years. The lessees were delivered possession of
that land and since then they had been possessing the same by paying rents to
the ......o 10 herein filed the above mentioned writ petition
challenging the proceeding of Miscellaneous Case No.147 of 2004-2005 and the order
dated 22.03.2005 passed therein for taking over the lease-hold land of the writ
petitioners under the khas khatian
of the Government (the annexure-G).
3.
......peal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
......ition and
obtained rule.
6.
The respondent No.1 opposed that rule. The material case of the respondent No.1
was that though the predecessors of the writ petitioners took lease of the land
in question from the government for a period of 25 years the writ petitioners
did not take any step fo..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......Read the Judgment on Civil Petition for Leave to Appeal here. Read the Judgment on Civil Appeal here. Supreme Court Appellate Division (Civil) Present Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman......, learned Advocate, appearing on behalf of the review petitioner, submits as under: 1. The Appellate Division committed an error apparent on the face of the record to ascertain that the material question of law regarding burden of proof was upon the respondent Nos.1 and 9 to prove their allegat..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......the parties was of the view that the Magistrate took cognizance of the offence on being satisfied that the complaint was made after compliance of formalities and that the petitioner raised disputed question of facts which can only be decided on evidence. Learned counsel appearing for the petitio..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......llip;……….......................Applicant Vs. Commissioner of Taxes... .............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Depar..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
85418593857787717766776596278563878773389397870080748699851086148564708884429649