Search Options
Judgment Advanced Search
Displaying 3521-3540 of 4295 results.
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....due to delay in taking over the concerns, he would agree to take over the units immediately including possession of property at Paribagh "subject to your assurance that the claim for the above disputed land is settled by the company or by any appropriate authority at an early date". Th...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....he effective Stale administration under the Constitution." But such power cannot override the Constitutional scheme. 104. That the Indian High Courts have their territorial jurisdictions cannot be disputed. Therefore, the writ issued by the Court cannot run beyond the territories. The authority m......ion virÂtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Article 100 will stand revived along with its proviÂsion for holding of Sessions………….(419 & 420) Per M. H. Rahman, J: Thi..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to inÂterfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......en together. To this provision of section 6 of the Partnership Act, 1932 there are two explanations: "Explanation 1. The sharing of profits or of gross returns arising from property by person holding a joint or common interest in that propÂerty does not of itself make such persons partÂn..Category: Criminal Law | Date: | Hits: 44
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....980 and it is further mentioned that the loan for multi-storied house as per scheme had been consequently raised to 7-1/2% (3% below the present bank rate). That the Government has this power was not disputed. Once this position is accepted, the conÂtroversy as to the rate of interest by the borrow......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....area to which the suit land appertains before the same had re-appeared in 1374 B.S. = 1967. This is not a point on which the plaintiff can hang, on for long. It apÂpears from the paper book that the disputed Khatians Ext. 4 and-4(a) - R.S. and S.A. Khatian No.l of Mouja Aicha - relate to P.S. Mulad......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135...... the period of the tenancy on 31.12.83 is not unauthorised, for the landlord consented to this possession, but on a condition for the fulfillment of which no time was set by him. The appellant is not holding over within the meaning of s. 116 T.P. Act nor is she a tenant by sufferance either. But she..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....way as to debar him from promotion. 8. As to the first two points the submissions made by the learned counsel for the appellant appear to be rather tentative in nature than of substance. Ii is not disputed that the D.I.T. have its own service rules and no rule therein provides for a qualifying se......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
.................. Respondent Judgment November 8, 1987. Result: The appeal is alÂlowed. The Specific Relief Act, 1877 (1 of 1877), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-su......ection 54 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of poss..Category: Criminal Law | Date: | Hits: 59
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
.... in an Allahabad case in Mangla Prasad Vs. District MagisÂtrate A.I.R. 1971 All 77(FB) where it was observed that the meaning of the word "total number of memÂbers" is quite plain. It can hardly be disputed that the words "total" and "whole" are synonymous. The dicÂtionary meaning of the word "wh......the office of the person who is indirectly elected. In interpreting section 4(3) we cannot read 'Chairman' includes 'acting Chairman'. The legislature did not say so. Hence, there is no hesitation in holding that the noconfidence passed consisting of nominated chairman as members who participated in..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....Division without considerÂing the, genuineness of the said document and this has led to a miscarriage of justice. He also submitted that it was absolutely necessary to make an order of remand if the disputed kabala was to be considered as evidence in the case giving the parties an opportuÂnity for......vidence in respect of the alleged sale of .02-1/2 deciÂmals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..Category: Property Law | Date: | Hits: 33
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act for the entire disputed property. The plaintiff may however seek remedy by way of partition in an appropriate forum......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105...... instead of considering whether the learned Advocate for the appellant was prevented by sufficient cause from appearing when the appeal was taken up for hearing dismissed the petition for restoration holding that there was no merit in the apÂpeal. 3. Upon a scrutiny of the relevant orders, it ap..Category: Procedural Law | Date: | Hits: 96
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....ed in appeal by the Additional District Judge by judgment dated 31 January 1981 with an additional finding that Aidhar Sk. had no daughter named Unar Ma, but 'Unar Ma' the ostensible executant of the disputed kabalas, was a fictitious person invented by defendant No. 1 who could not bring any witnes...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....ecause customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the disputed property, but none of the previous owners have been examined to prove uninterrupted enjoyme...... suit was for declaration of their easement right over the suit lands and erred in law in applying of section 15 of the Easements Act. It was also submitted that the learned Single Judge erred in not holding that the suit path being a village path joining two other pathways on its two ends, no quest..Category: Property Law | Date: | Hits: 36
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....ding the result of the election controversial, they should not have interfered into such controversial matter in resolving those by mere affidavit on the event of the fact that questions of fact were disputed. The judgement and order of the High Court Division is set-aside and the writ is recalledâ€......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....dicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territory which is beset with the disputed facts and certainly by wellsettled principles it is clear a writ court will not enter into ......ule 7(5). Rule 9 proÂvides that the District Election Officer shall notify the days of different stages of the election subject to direction of the Election Commission. 8. Now the arrangement for holding election is set. The Returning Officer shall give a public notice in respect of each ward in..Category: Election Law | Date: | Hits: 165
.... defaulted in repaying the loan taken by him from any specified Bank within the time allowed by the Bank thereon."
Explanation to the enactment gives the list of the specified Banks. It is not disputed that two Banks referred to above are specified Banks.
4. Mr. Khandker Mahbubuddin Ahmed ......ction laws were however kept alive to be applicable to elections of all other members of the Parliament. The Supreme Court struck down clause (4) as grossly discriminatory.
33. Mr. T.H. Khan, in upholding the classifiÂcation as regards the local Government bodies, has placed reliance on Pakistan..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......ut at the 1 hearing of the appeal Mr.T.H. Khan, learned counsel for the appellant, confined his submission to 1 only one point i.e. whether the trial court and the High Court Division were correct in holding that there existed relationship of landlord and tenant between the plaintiffs and the defend..Category: Others | Date: | Hits: 96
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......€™s No. 1 to 5. 4. In Second Appeal being S.A. No. 619 of 1962 the learned Single Judge allowed the appeal and set aside the judgments and decrees of the Courts below and decreed the suit in part holding that a decree be passed in favour of the plaintiff for 1/3rd of the land of the plots 832, 8..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......suit. Respondent filed P.M.A. No. 142 of 1974 in the High Court Division challenging the judgment and order of the trial Court. The learned Judges of the High Court Division allowed the appeal holding that the award was void ab initio since it was made beyond the statutory period of limitat..Category: Civil Law | Date: | Hits: 111
18961895189118891888188718861885188118801876187518721871187018691866186518561854