Search Options
Judgment Advanced Search
Displaying 3461-3480 of 7133 results.
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....in 1983 long after 5 years as such the case was barred by limitation. He finally submits that the judgments and orders passed by the Courts below resulted in an error of law occasioning failure of justice and as such those are liable to be set aside. 9. None appeared for the opposite party N......his civil revision petition and obtained the Rule on 19.10.2006 and also an order of stay of the impugned judgment and order. During pendency of the Rule the opposite party No.1, Sona Mia died and accordingly his heirs were duly substituted as opposite party Nos. 1(a) to 1(ka) by an order dated ......) Present: Md. Delwar Hossain J Wahed Ali............................... Petitioner Vs. Sona Mia being dead his heirs Md. Lai Miah and others..........Opposite parties Judgment October 13, 2009. Lawyers Involved: Sarder Abul Hossain, Advocate - For the Petitioner. No on......e case land filed the case in 1983 long after 5 years as such the case was barred by limitation. He finally submits that the judgments and orders passed by the Courts below resulted in an error of law occasioning failure of justice and as such those are liable to be set aside. 9. None appear..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
.... evidence on record and by non consideration of the material documentary evidence came to a wrong and fallacious finding in reversing the Judgment and decree of the trial Court occasioning failure of justice which is liable to be interfered by this Court and hence, the rule should be made absolute. ......Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......Dabirush Shan J Hemayetuddin and others ......................... Petitioners Vs. Md. Shahjahan Miah and others .............. Opposite Parties Judgment June 3, 2009. Cases Referred to- Golzar AH Pramanik Vs. Soburjan Bewa being dead her heirs Md. Yakub Ali Khan and others, 6 B ......r or illegality in his finding as such the finding and decision in reversing the Judgment and decree of the trial Court calls for no interference by this Court. 13. By now the settled principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure has been lai..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......f Bangladesh had ordered DIT now RAJUK, on an application made by some persons of Kawran Bazar area claiming themselves as the affected persons to return the land to them at the last auction rate and accordingly DIT (RAJUK) sold the land to 13 persons who are all accused in the case. It is alleged t...... Muhammad Abdul Mannan J HM Ershad ................................Petitioner Vs. The State .............................Opposite Party Judgment September 23, 1992. Cases Referred to- Saber Ahmed Vs. Manzur Mia ad others, 35 DLR 213; State Vs. Md. Safikul Islam, 40 DLR 310; 17...... Prevention of Corruption Act, 1947. 5. The matter relating to the framing of charge came up for hearing and the learned Special Judge on perusal of the record and hearing exhaustively the learned lawyers for the petitioners and other accused persons and also the State by his order dated 4.5.1992..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......l Haque Chowdhury J KM Hasan J Mamtajul Karim……………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment June 17, 1993. Case Referred to- Aftaf Hossain Vs. Abdul Quashem, 45 DLR (AD) 53; AFM Rashid Vs. The Election Commission and o......rning Officer to the Election Commission which may warrant a fresh poll in ward No.3. He further submits that in the absence of any such report the Election Commission has acted illegally and without lawful jurisdiction, in issuing the impugned order for fresh poll to be held in the said ward. 7...Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....t given a reason for rejecting the application, however sketchy it may be, and the reason is that there is "no legal basis" for adding the petitioners as parties. I do not think it will serve ends of justice if the case is sent to the trial Court on remand on this point alone. 21. Mr. Momtazuddin...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527....... Present: KM Hasan J Sher Mohammad and others………………..Petitioners Vs. Saroda Bala Sen and others………………Opposite Party Judgment March 2, 1993. Cases Referred to- Mst. Jahanara Begum Vs. AL Md. Shamsul Haque, 27 DLR (AD) 129; 1977 AIR, Orissa 184; 1925 AIR......er the petitioners moved this Court and the Rule was obtional. 8. Mr. Momtazuddin Ahmed, the learned Advocate for the petitioners, submits that the impugned order was passed on wrong conception of law. By denying to add the petitioners as parties the trial Court has excluded necessary and proper ..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....inal Procedure can be invoked at any stage of the proceeding even after conclusion of the trial, if it is necessary to prevent the abuse of the process of the court or otherwise to secure the ends of justice. In the case of Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994) 67 it has been d......consider section 5 of the Code of Criminal Procedure, which runs as follows: Section 5. (1) "All offences under the Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained". Section 5. (2) "All offences under any other ...... The State………………………………………………………….Opposite party (In both cases) Judgment May 26, 2011. Result: The Rules are made absolute. Cases Referred to- Sher Ali (Md.) and others Vs. The State, 46 DLR (AD) (1994)67; Quader Chowdhury Vs. The State......t submits that neither the victim nor the Doctor was examined by the prosecution. He then submits that the convict-petitioners were tried in absentia without complying with the mandatory provision of law as required under section 27(6) of the Special Powers Act. He empathically submits that the noti..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....because the plaintiff could not prove the possession in the suit land by adducing oral evidence. The lower appellate Court committed an error of law and come to a wrong finding occasioning failure of justice in not considering the possession of the defendant over the suit land which was the material......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......i and another…………………………………..Petitioners Vs. Abdul Jobbar Bhuiyan and others………………………….....Respondents Order July 23, 2009. Cases Referred to- Ranjit Sarker and others Vs. Sree Sukhendu Bikahs Biswas and others, 17 BLD (AD) 58; Hussain ......d hit by section 42 of the Specific Relief Act. The learned District Judge, Brahmanbaria while reversing the judgment of the trial Court did not write a single word about this specific finding of the law point by the trial Court which appears to be manifestly perverse. Moreover, when the plaintiff N..Category: Property Law | Date: | Hits: 94
....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......pears that the Respondent Nos.9-31 ought not to have been appointed prior to disposal of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......178.......learned Advocates of the respective parties made the Rule absolute directing the DPDC authority to consider and dispose of the pending representations of the petitioners as per provisions of relevant laws as expeditiously as possible preferably within 60 days from the date of receipt of the judgment..
Category: Employment/Service Law | Date: | Hits: 62
.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176....... request Monsur Ahmed failed to pay the said loan of Tk.75,000/-, lastly agreed to transfer the suit land in favour of the plaintiff on fixing a consideration money of Tk. 1,00,000/- (Taka one lac) , accordingly he executed a bainanama on 26.11.1990 with stipulation that within a period of 3 years a......
Bivash Chandra Biswas, Advocate-on-record-For the Petitioner.
Md. Aftab Hossain, Advocate-on-record-For the Respondent No.1.
Not represented- Respondent No.2-3.
Civil Petition for Leave to Appeal No.1055 of 2008.
Judgment
MM Ruhul Amin CJ. - This petition for leave to appeal is d...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....sion failed to consider that the convict respondent was a fugitive at the trial having knowledge about of the criminal cases against him, and he did not care to face the trial and kept himself out of justice and thereby disentitled him from any relief by way of quashmant the conviction and sentence ......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner VS. Md. Monwar Hossain Dipzol………………………Respondent Judgment December 15, 2009. Lawyers Involved: A.K.M. Zahiml Haque, Additional Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Khondaker ......ed persons suggestion revealed the case of the petitioner that on the previous day a joint task force raided the house of the petitioner on 15.01.2007 and taken way all license of the arms and seized lawful ammunition from the house of the petitioner and later on 08.03.2007 no ammunitions were recov..Category: Criminal Law | Date: | Hits: 67
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
.... properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the same has resulted in an error in the impugned decisions occasioning failure of justice. 20. In the result, the Rule is made absolute without any order as to costs. The impugned......re liable to be set-aside. 9. On the other hand, Mr. Tufailur Rahman, the learned Advocate appearing for the plaintiff-opposite party supports the impugned judgments of two Courts below which were according to him just, correct and proper. The learned Advocate in the course of his argument after ......J Md. Azizul Haque........................................Petitioner Vs. Adamjee Jute Mills Ltd................................Opposite Party Judgment August 26, 2010. Case Referred to- 7 MLR 132. Lawyers Involved: A. K. M. Shafiuddin with Binod Kumar Agarwal, Advocates…......e suit and filed written statement denying all the material allegations of the plaint stating, inter alia, that the suit is not maintainable in its present form and manner; that the suit is barred by law of limitation and the allegation for causing loss amounting to Tk. 1,56,569.38 is not only unspe..Category: Civil Law | Date: | Hits: 97
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....of the suit taking place owing to non‑substitution of the heirs of the deceased defendant, the trial Court has committed an error of law resulting in an error in the decision occasioning failure of justice in passing the impugned order inasmuch as the fact of abatement could not be overcome taking......e Judge has committed no error of law which calls for an interference from this court under section 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156....... Bikash Roy Chowdhury J Moqbul Ahmed & others ………………petitioners Vs. Shoeb Chowdhury & Others..........Opposite Parties Judgment December 18, 1990. Cases Referred to- Bhupati Biswas & Ors. Vs. Narayan Biswas & Ors., 40 DLR 517; Rahim Baksha Gazi & ......nd 4 sons namely, Tazal Islam, Jafar Ahmed, Bachu Mia and Hasan Mined and 2 daughters Sufia Khatun and Zaheda Khatun but the said heirs were not brought on record within the time prescribed under the law. 3. On 26th June, 1990 the petitioners filed an application praying for recording an order of..Category: Civil Law | Date: | Hits: 93
....not apply to the Government but more recently the courts have started retreating from that Position to a sounder one, namely, that the doctrine of promissory estoppel may apply to the Government when justice so requires‑ The second edition of American Jurisprudence brought out in 1966 in paragraph......naged by the Directorate of Military Lands and Cantonment. As 3.28 acres of land are required for the purpose of parking space for International Conference Centre and as it was necessary to resume it accordingly, the petitioner was directed to deliver vacant possession of 3.28 acres of land on expir......preme Court
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August ......p; C/MEO/40‑3/Sha‑3/70, Annexure‑A, issued by Respondent 1 and the order dated 18.6.1988 as contained in Memo. No.BD/LC/375/86/70, Annexure‑B. issued by respondent 2, have been passed without lawful authority and are of no legal effect.
2. The aforesaid rule has been issued upon a volumin..
Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....vidence which has failed to connect the appellants with the crime. 37. The prosecution having failed to prove the case beyond reasonable doubt we find it not consistent with safe administration of justice to accept the reference of the trial Court for the confirmation of capital sentence of hangi......i. There were also civil and criminal cases against the informant's father. Due to enmity arising out of the litigation, the informant suspected that the accused persons are killers of his father and accordingly FIR was lodged by Amjad Hossain, son of the deceased Masharuddin with Ghoraghat Police S......man J Taslimuddin alias Tasir and 3 Others....................Condemned Prisoners Appellants. Vs. State ……………….… Respondent. Judgment November 13, 1991. Cases Referred to- Hasan Ali & another Vs. State, 38 DLR 235; Abdul Aziz & another Vs. State, 33 DLR 402......e as P.W. 5 himself has denied to have gone to the house of the victim and given report about deceased Masharuddin's crossing the river after sunset in his boat along with the accused appellants. The law on the point is now well settled. To put it in the words of Munir CJ. expressed himself in the c..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....ion that in the instant case, the provision of Order 12, rule 6 of the Code of Civil Procedure is applicable and the Court has rightly passed the order causing no error or illegality or causing any injustice because the plaintiff in fact claimed much more than what is partially decreed and if the de......ed and if the decree in part is allowed and eventually the court does not allow the claim of the plaintiff in full the defendant Company will suffer no loss but, on the other hand, the plaintiff who, according to the learned Advocate while carrying the fertilizer by his trucks and employed labourers......J Kazi Ebadul Hoque J A Elahee & Co……………………….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cases Referred to- PLD 1966 (Karachi) 75, PLD 1952 (Dhaka), 137 and 25 DLR page 418; Ellis Vs. Allen (1914) Chan......of the rule for the petitioner having taken us through the impugned judgment and the other related papers in original in the records of the Money Suit submitted that the learned court, below erred in law in holding that the defendant Company has made an admission in their pleadings in Court for the ..Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......f jurisdiction. 2. The plaintiff filed written objection on 9-12-2003 against the application for return of the plaint. 3. The contention of the defendant is that the suit being a suit for mandatory injunction, damage and compensation for non-taking of delivery of cargo from the containers, it......eing a special statutory jurisÂdiction and the same have been detailed in section 3 of the Admiralty Courts Act, 2000, any cause to be brought before the Court must come within the provisions of the law. ThereÂfore, even if the plaintiff has any cause of action against the defendant the plaintiff ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....the petitioner submits that the appellate Court without considering the documents in record and the evidence by the parties allowed the appeal resulting in an error in decision occasioning failure of justice; that the learned Assistant Judge being the trial Court of the suit came to the finding that......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897....... DLR 208; Abul Hossain Vs. Amjad Hossain, 62 DLR (AD) 436; Hridoy Ranjan Day the another Vs. Niranjan Dey and others in 6 MLR (AD) 26=54 DLR (AD) 16. Lawyers Involved: Salma Rahman, Assistant Attorney-General with Towhida Khntun, Assistant Attorney-General-For the Petitioners. Rezina Mahmud......at the time of survey; that nobody had paid rent against the said suit plot No.931 and the plaintiff at the time of survey did not produce any documents or deeds before the concerned surveyor. As per law there was no claim against the suit plot. The suit plot has been duly recorded in the name of go..Category: Procedural Law | Date: | Hits: 72
Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)
.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896....... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......te.....................................................Opposite-Party Judgment January 23, 2011. Lawyers Involved: No one Appears—For the Petitioners. Md. Moniruzzaman, Assistant Attorney-General with Kazi Md. Mahmudul Karim, Assistant Attorney-General—For the Opposite Party. ......aken to impeach the impugned order. Firstly, the FIR and charge sheet do not disclose any offence against the petitioners. Secondly, over the selfsame occurrence institution of two cases is barred by law. To address the same we hold that the FIR charge sheets and other materials on record clearly di..Category: Criminal Law | Date: | Hits: 71
Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)
....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......cates-For Petitioners. Md. Khurshid Alam Khan, Advocate-For the Respondent No. 2. Writ Petition No. 911 of 2011. Judgment SM Emdadul Hoque J. - This Rule Nisi calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 unde...... the proceedings of Bangladesh Labour Law (Criminal) Case No.370 of 2010 under section 307 and 310 of the Bangladesh Labour Law, 2000 now pending before the respondent No. 1, should not be declared unlawful, mala fide, out of jurisdiction and is of no legal effect. 2. Facts leading to this case, ..Category: Labour and Industrial Law | Date: | Hits: 156
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......s.7476/2010, 7622/2010, 7623/2010, 7624/2010, 7625/2010, 7626/2010 and 7627/2010 are taken up for hearing and disposal by this single judgment. 2. Rule Nisi was issued calling upon the respondents to show cause as to why it impugned the judgment and order dated 22-7-2010 passed by the respondent ......, Advocates-For the Petitioners. No one appears-For Respondents. Writ Petition Nos. 7476, 7622, 7623, 7624, 7625, 7626 and 7627 of 2010. Judgment Abdul Awal J.- Since a common question of law is involved in this matter, all the seven Writ Petitions bearing Nos.7476/2010, 7622/2010, 7623/..Category: Labour and Industrial Law | Date: | Hits: 161
54735472547054695468546654635462546154605458545754565455545454535452545154495448