Search Options
Judgment Advanced Search
Displaying 3521-3540 of 7097 results.
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....Special Case No.7 of 1991 and the Ex‑President was in dock, the lawyers for the accused HM Ershad moved an application alleging that this case cannot proceed in the present form and style under the provision of Prevention of Corruption Art because the previous president HM Ershad is not a public s......haban Store a lot of properties received by the President as gifts have been found and those the President had converted to his own house without depositing it to the Toshakhana as required under the law and thereby obtained pecuniary benefit not allowed by law and hence the charge sheet under secti..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....he Magistrate. It is further submitted that the learned Magistrate after considering the evidence on record passed the order in exercise of his power under section 202 sub‑section (1) read with the provision to sub‑section (2)(a) of the Code in order to ascertain the truth or falsehood of the co......illegally and without jurisdiction in passing the order setting aside the order of the learned Magistrate and such order of the learned Sessions Judge being directory in nature cannot be sustained in law. With regard to the order of the learned Magistrate, we are of the opinion that though the term ..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....wever, did not issue any share certificates to him for his 1000 shares in spite of the fact that it is compulsory for the accused persons to issue the share certificates to the complainant as per the provision of section 108 of the Companies Act in spite of repeated demands made by the complainant. ......tificates of the complainant were not made ready within 3 months. Once the share certificates are completed and made ready within time, the liability of the accused persons, in our opinion, ends. The law does not provide that after the direction of the Court they are to make the share certificates a..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......his fact the pre‑emption case must fail. The learned Advocate continues to urge that this aspect of the matter escaped the notice of the 1st appellate Court and thereby the Court committed error in law which resulted in erroneous decision occasioning failure of justice. 9. In reply to this cont..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......t is on record of the Assistant Judge that this application did reach his office in the afternoon of 9.4.89. Again on 10.4.89 at 9 ‑30 XM another application was filed by the petitioner through his lawyer Mr. Arun Kumar Bhattacharjee and in that petition also the fact of issuance of rule and stay ..Category: Criminal Law | Date: | Hits: 84
....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98.......al Court as to the alleged contract the learned District Judge was not justified in reversing the decision of the learned trial Court and in doing so, the learned District Judge committed an error of law resulting in an error of decision occasioning failure of justice.
10. A perusal of the judgme..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... the Court is of opinion that the suit or any part thereof may be disposed of on an issue of law only, it shall try that issue first even without settling the issues of fact. The whole object of this provision seems to be that if there is any issue of law on which the entire suit may be disposed of,......e of the suit, these petitioners filed an application under Order 14 rule 2 and Order 15 rule 3 of the Code of Civil Procedure for disposing of the said Misc. Case by framing the preliminary issue on law point alone. That on hearing, the learned District Judge rejected the application and hence this..Category: Procedural Law | Date: | Hits: 62
.... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94.......n in the case of Mst. Bibi Saleha Vs. Antu Ram and another, reported in AIR 1918 Patna at page 543, wherein it has been held that where a Court of appeal reverses the decision of a primary Court, the law imposes upon the Court of appeal an imperative duty and obligation of giving an adequate and sat..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....ion of the GD Entry before the Court and treating the information lodged by the police officer long after the alleged date of occurrence and after the investigation proceeded a long way, violates the provision of sections 154 and 162 of the Code of Criminal Procedure and the prosecution case suffers......s Sattar. It was stated that on 24.3.87 Shahida Khatun proposed to her husband Khalil that she would go to India to bring his son Rajab. On the same day Khalil went to the house of his brother‑in‑law at village Juginda. Next day on coming back home Khalil did not see his wife. Khalil was under t..Category: Criminal Law | Date: | Hits: 110
....iled in civil Court for recovery of dues and which cases will be filed before the certificate officer under Public Demands Recovery Act and it leaves scope for arbitrary and discriminatory use of the provision of law. It has been further stated that the certificate proceeding can only be initiated f......se No. 318/86‑87, notice issued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without lawful authority and is of no legal effect.
2. The petitioner is a Public Limited Company registe..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
.... 09.02.2011 may be reviewed by this Division. He finally submits that this Court committed an error apparent on the face of the record in holding that there is no bar to trial of the petitioner under provisions of the Anti-Corruption Commission Act,2004 (Act of 2004) for the commission of the offenc......was deposited in the said Account. Thus in the year 2003 in total US$ 27, 78,970.00 was deposited in the aforesaid Account of the accused No.1 in Singapore which was collected as illegal benefit by unlawful means and illegal pressure of the petitioner Tarique Rahman being the son of the then Prime M..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....that it is within the jurisdiction of the court to revive a case invoking the aid of section 339D of the Code of Criminal Procedure. The learned Deputy Attorney‑General, however, could not show any provision in the said section by which the court is vested with the power of revival of a case once ...... the Operative Director approved all transactions of the said account. The Rule was, however, discharged on 8th December, 1982 with a direction for expeditious disposal of the case in accordance with law. After the discharge of the Rule, the learned Sub‑Divisional Magistrate, Magura transmitted th..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......n the date on which the pre‑emption application was filed, there is no legal transfer. Their Lordships of the Appellate Division held that since the document of transfer was registered according to law while the pre‑emption application was pending in the trial Court, the Court could act upon it ..Category: Property Law | Date: | Hits: 89
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....on for being a Chairman or a member if he has defaulted in repaying any loan taken by him from any specified bank within time allowed by the Bank therefore. As there is no ambiguity in the words, the provision of section 7(2)(g) have to be given their plain, natural and ordinary meaning. In the deci......n 7(2)(g) have to be given their plain, natural and ordinary meaning. In the decision in the case of Attorney‑General Vs. Lockwood, (1842) 9 M & W 378, 398 Alderson B. observed- "The rule of law upon the construction of all statutes is to construe them according to the plain, literal and gr..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
.... to the Inquiry Officer denying the charges levelled against him on 15th August, 1981; that the Inquiry Officer submitted a report without any proper enquiry against the appellant in violation of the provisions of the Agrani Bank (Employees) Service Regulations, 1981 and that on the basis of the rep......was held; that the appellant was given all opportunities to defend himself; that the Bank authority upon consideration of the enquiry report dismissed the plaintiff; that the decision of the Bank was lawful and was made by the competent authority; that the dismissal order was confirmed and approved ..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ct). He further submits that age can not be determined by birth certificate and that it is not possible for a Nikah Registrar to determine the actual age of the bride. He then submits that there is a provision for suspension of licence for a limited period and that maximum punishment was imposed on ...... to show cause as to why the impugned order contained in memo No. Bichar-7/2N-46/76 (Angsha) 292 dated 18.5.2010 (Annexure-G) passed by respondent No.3 shall not be declared to have been made without lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: On 14.5.199..Category: Civil Law | Date: | Hits: 128
....lna decreeing Title Suit No.26 of 1992 and said the judgment and decree was affirmed by the High Court Division in F.A. No.29 of 1996, thirdly, the suit was barred by law of limitation in view of the provisions of section 46 of the Artha Rin Adalat Ain, 2003.
6. Being aggrieved and dissatisfied ......tion that the deed of agreements between the parties be cancelled and for recovery of compensation to the tune of Tk. 25 Lac and the said suit was decreed on contest and as such the suit is barred by law of res judicata.
4. At the trial plaintiff examined 1 witness namely PW-1 and the defendant-c..
Category: Civil Law | Date: | Hits: 217
..... The learned advocates Mr. M. Kamrul Hoque Siddique appearing along with Mr. A.K.M. Alamgir Parvez Bhuiyan, appearing on behalf of the defendant-opposite parties, on the other hand, referring to the provisions of section 42 of the Specific Relief Act, 1877 (S.R Act) submits that the prayer made in ......the evidence adduced in the case, has erroneously affirmed the judgment and the decree passed by the court below. Besides the appellate court has also failed to appreciate and apply the principles of law decided by the Supreme Court and cited before him at the time of hearing argument. He next submi..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
.... activities of the respondent No.5, is illegal and why the contemnor-respondent Nos.1-4 should not be further directed to stop the action of respondent No.5 and to take legal action for violating the provisions of Bank Companies Act. While issuing the Rule an ad-interim order was also passed in the ......thdrawing the money from him and that it was functioning as a Bank quite illegally having only their register under the Joint Stock Companies and Firms and thereby exceeded the limit prescribed under law. 3. The illegal activities of the respondent No.5 had also attracted the attention of the me..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
.... per section 6(2) of the Act No. 13 of 2003, the Chairman and the Members of the BERC are its full-time officers. Their tenure, emoluments, seniority, removal etc. are all regulated by the relevant provisions of the Act No. 13 of 2003. Their offices are offices in the service of the Republic. Beca......s (Annexure-'D') and why the holding of the public office of the Chairman of the BERC by the respondent No.2 and the said Memo dated 11-10-2009 (Annexure-'D') should not be declared to be without lawful authority, void ab initio and of no legal effect and/or such other or further order or orders..Category: Employment/Service Law | Date: | Hits: 92
53805379537753765375537453735372537153705369536853675365536453635362536053595358