Search Options
Judgment Advanced Search
Displaying 3621-3640 of 3784 results.
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... whether it included in the ‘Ka' or “kha' Schedule. 5. Leave was granted to consider the appellant's submission that the impugned order was passed surreptitiously without giving any notice or hearing to the appellants who have been possessing the property since its release fro...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......elease of the property made on 8.8.84 invalid and directed eviction of the appellants from the disputed premises, allotting the same to respondent No. 4 and further directing initiation of criminal proceedings against the appellants for misappropriating Government property. This order dated 8. 11..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....of the appellant's approved lay‑out plan in the land going to be acquired under the two LA proceedings is hit by the doctrine of "promissory estoppel" and or, whether such inclusion originated from any mala fide act on the part of the, DIT, now RAJUK. 3. The appellant's Housing Project, Mohua,...... no vesting of the lands in question had taken place as submitted by the respondents." The appellant cannot be permitted to assail the acquisition proceedings raising new grounds on facts at this stage, particularly because there was no challenge in the writ petition regarding the said proceedin......ments and as such, I need not reproduce them here. The main question is, whether the inclusion of the land of the appellant's approved lay‑out plan in the land going to be acquired under the two LA proceedings is hit by the doctrine of "promissory estoppel" and or, whether such inclusion originate..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
.... No. 1768 of 1992 taking the grounds that it was out and out mala fide, started at the instance of a Cabinet Minister out of political rivalry and that the facts alleged against him do not constitute any criminal offence of misappropriation, cheating or forgery. The High Court Division, after hearin...... or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 1993, discharged the Rule issued earlier on the said revisional application observing that at this stage the question of mala fide intention could not be determined which can be done only on evidence...... No. 1768 of 1992). Judgment Shahabuddin Ahmed CJ.- In this appeal by special leave, the question is whether the High Court Division erred in law and fact in refusing to quash the criminal proceedings against die accused‑appellant in Special Case No. 57 of 1993, now pending in the Court..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....Advocate was appointed as Commissioner to file report within 3 days. The Advocate Commissioner filed his report on 22.10.90 swing that at the time of inspection of the suit land the defendants and many local persons were present and that a pucca construction was being made on the suit land hurri......swing that at the time of inspection of the suit land the defendants and many local persons were present and that a pucca construction was being made on the suit land hurriedly. He also stated the stage at which he found the pucca construction on the suit land. 3. On 23.10.90 the plainti......ndignations expressed by the two Courts below and refused to interfere with the orders of the appellate Court below and discharged the Rules in the two revision cases. 9. At no stage of the proceeding the defendant‑appellants claimed that they came to know of the Court's order of st..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....on wrongly referred to clause (5) of Article 102 of the Constitution. That provision does not by itself define an 'aggrieved person' under clause (2) of Article 102 nor does it exclude a member of any disciplined force from being an aggrieved person. The term "person" in clause (5) inc......ervation of Lord Diplock, made in this case, which has been quoted with approval in a number of decisions of the Indian Supreme Court: "Judicial review has I think developed to a stage today when without reiterating any analysis of the steps by which the development has come a......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
.... evolved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter litis of his suits has the liberty to pursue or not to pursue any one of the two Suits. And the two suits being inextricably linked together can be amended accord......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......order dated 24-6-86 rejected the application against which the appellant preferred Civil Revision No.131 of 1986 in the Sylhet Bench of the High Court Division and obtained a Rule and stay of further proceedings of the suit. 5. During the pendency of the said civil revisional case, taking advanta..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......amining 5 witnesses Mr. Selim Reza submitted a report on 31-3-90 stating that he found a prima facie case against the respondent and returned the record to the Upazila Magistrate. 6. It is at this stage that the respondent filed Criminal Revision No. 490 of 1990 in the High Court Division for qua......sing the order dated 12-3-88 passed by a Magistrate, 1st Class, Upazila Sadar, Jessore in Cr Case No. 182(c) of 1987 instituted by the appellant against respondent No. I and thereby also quashing the proceeding of Cr. Case No. 223(c) of 1990 pending in the Court of Upazila Magistrate, Sadar, Jessore..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....s the respondent. 2. The judgment of the High Court Division appealed against is all too brief and does not disclose the facts of the case nor does it dwell upon the legal propositions involved to any extent of satisfaction. We had to glean the facts of the case from the judgment of the Small Cau......intiff and the relief claimed by him in a Court of Small Causes depend upon the proof of a title to immovable property or other title which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determi......n to’ a court having jurisdiction. 7. The plaintiff then asked for leave to appeal to this Court from judgment and order of the High Court Division and obtained leave. In course of the appellate proceedings the plaintiff died and the present appellants were substituted in his place. 8. In te..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....eave was granted to consider whether or not the defendant, BSC, was liable to make payment of the back salaries and other monetary benefits for the period during which the plaintiff did not render any service to the corporation but was engaged in contract business and whether the plaintiff was l...... ‘A’ ‘B’ ‘C’ and ‘D’ by an application for acceptance of the documents as additional evidence. These papers cannot, however, be accepted at this late stage of this case, as a case of set-off was not made out in the written statement. Nor were these ...... as an Officer on Special Duty. Once again nothing transpiring against the plaintiff he was reinstated by the Chief Martial Law Administrator on August 31, 1982 with a direction that a departmental proceeding be drawn up if found fit and proper. In pursuance of the order the plaintiff was reverte..Category: Employment/Service Law | Date: | Hits: 77
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....the basis of notices served in the manner on 23-4-73.” Ultimately, it has been held: “Having considered the fact of the case carefully we are clearly of the opinion that there was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to me......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178....... 3. In order to appreciate the matter in appeal in which the impugned judgment was passed, the prelude to the said judgment may be usefully quoted here: “The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, prese..Category: Property Law | Date: | Hits: 80
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
.... opened fire and killed several persons. The accused persons in order to screen the alleged offenders of Yasmin murder indulged in various acts knowing that they were unlawful. They also did not take any step for post mortem examination of one Abdul Kader who had died in police firing and further re...... the ASP was illegal and improper as his superior/higher officers were made accused in the complaint petition. 5. The High Court Division took the view that the question of taking sanction at this stage does not arise as cognizance has not yet been taken. As to the second point it was held that t...... in support of his case. The learned Advocate submitted that before cognizance the learned Special Judge was first of a required to comply with the proviso as aforesaid. That having not been done the proceeding was void ab initio. 9. It appears that the contention of the learned Advocate is well-..Category: Anti-Corruption Laws | Date: | Hits: 92
Akhtar Banu Vs. Habibunnessa and others, 1996, 25 CLC (AD)
....3 and on the same day the heirs of the plaintiff (the present appellants) filed an application for substituting them in place of the plaintiff who had died on 20-9-83. The appellants did not file, any petition for substitution of the heirs of deceased-defendant No. 3 Aga Ali Reza in the suit, in......e since decades is based on the decision pronounced by the Privy Council in Brij Indar Singh vs. Kanshi Ram AIR 1917 PC 156. The rule is that the introduction of a plaintiff or a defendant for one stage of a suit is an introduction for all stages. To put it differently, a legal representative of......e wife of the deceased, Feezza Khanum, having already been on record as defendant No.2. The learned Judge of the High Court Division took the view that the misc. case was a separate and independent proceeding and substitution made in that misc, case did not automatically substitute the heirs of d..Category: Property Law | Date: | Hits: 70
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....wed the pre-emption case. The lower appellate Court found that the pre-emptees were in possession as bargadars before the purchase from Vendor Balaram Sil and as such the pre-emptor could not have any prior knowledge when the transfer was made. The lower appellate Court believed the alleged date......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ...... application for pre-emption under section 96 of the Estate Acquisition and Tenancy Act on 11-4-85. 2. The pre-emptor-respondent filed the case claiming himself as a contiguous owner of the proceeding land conveyed to the pre-emptee-appellant Nos. 1, 2 and respondent Nos. 2-7 by a kabala ..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....it was recorded in Order No.89 dated 25-3-1976 by the Subordinate Judge, Khulna that the appellant appeared in the suit by filing vokalatnama no vokalatnama was found with the record nor there was any mention of the summons in the name of the appellant in the firisti. The learned Subordinate Jud......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......eal by leave by defendant No.36 appellant raises a question of law as to whether the High Court Division was justified in interfering in revision with a finding of fact made by the trial Court in a proceeding under Order IX rule 13 of the Code of Civil Procedure as to non-service of summons upon ..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ary, Ministry of Home Affairs also appointed a Joint Secretary Ministry of Home Affairs as Inquiry Officer to enquire into the allegations against the appellant The Inquiry Officer did not examine any witness in holding enquiry into the allegations and submitted report finding that the allegatio......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......nding, inter alia, that the appellant noted his qualification as BA in the relevant form, though, in fact, he failed to passed the BA examination. Although the Administrative Tribunal held that the proceeding and order of compulsory retirement was illegal and void being without jurisdiction, but..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....t was decreed for US $ 16,20,000.00 against the appellant with cost. 2. The substance of the plaintiff- respondent’s case in the plaint is, that the plaintiff, a limited liability company of Bangladesh, purchased the vessel MV Bengal Pride for US $ 2.5995 million, (we were told by t......the defendant, too, did not urge before the Admiralty Court to make an exercise of this kind and therefore the decree cannot be frustrated by making a maiden exercise of this kind at the appellate stage. 36. As we observed before the reasonable cost of repairs is the second higher waterma......re unanimous that the assumption is fallacious, wrong and unwarranted, because it was neither the plaintiffs case in the plaint, nor the defendant’s in the written statement. We refrain from proceeding further on this issue, as we have no doubt in our mind that the Admiralty Court was tho..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....der has to be kept alive by successive applications within 3 years. 9. Although the respondent-decree-holder has entered appearance we could not allow his learned Advocate-on-Record to make any submission as no concise statement has been filed by the respondent. 10. As already obser......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ...... Limitation Act. 6. The High Court Division in revision refused to interfere in the matter after holding that “since disability of the decree-holder continued with the fresh execution proceeding started by decree-holder’s son Abdul Mannan the finding of the Courts below regard..Category: Civil Law | Date: | Hits: 133
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ation of the materials on record, both oral and documentary, that the defendant paid rent upto August, 1975 and filed rent receipt of the same. The trial Court found that the defendant did not file any rent receipt in assertion of his claim of payment of rent from September, 1975. For non-filing ......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......ises Rent Control Ordinance the tenant is entitled to get rent receipt from the landlord and in the event of the failure of the landlord to grant rent-receipts to the tenant, the tenant can start a proceeding under section 27 of the Ordinance before the Rent Controller but in the present case th..Category: Property Law | Date: | Hits: 56
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....en the plaintiff again went to see his minor son in that house, he was not allowed to see the child. Rather, defendant No.1 insulted him. Since 1.6.94 defendant No.1 did not allow the plaintiff and any member of his family to see the child. She did not also send the child to the house of the plai......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ...... 2 1.8.94. 7. Against Order No. 10 dated 23.11.94 the defendants filed a revision, being Civil Revision No. 4002 of 1994, before the High Court Division and obtained Rule and stay of further proceeding of the suit. Thereafter the plaintiff filed an application for vacating the order of st..Category: Family Law | Date: | Hits: 162
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
.... 1989. It was alleged in the charge framed against respondent Md. Iqbal Hossain that the tender submitted by him for supplying four new Submersible EMU pumps with necessary equipment made in West Germany, for the Dhaka University was accepted by the tender committee but instead of supplying new pump......iminality in the transaction. The contract is still subsisting, money still remaining due to him and there cannot be any prosecution under the provisions of sections 406/420 of the Penal Code at this stage. 11. The case of the other respondents was that they being the officials of the University......hem not amenable to any criminal charge under the law but their conduct as responsible officers leaves much to be desired. The University Authority may yet consider the advisability of a departmental proceeding to find out if there was any negligence of duty on the part of any of the engineers in th..Category: Anti-Corruption Laws | Date: | Hits: 92
818814813811810809807806805799797796794793792790789787783781