Search Options
Judgment Advanced Search
Displaying 3741-3760 of 7208 results.
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ...... an order passed by the learned Munsif, Rajshahi rejecting an application under section 151 of the Code of Civil Procedure for restoration of an objection under section 47 of the said Code. 2. The facts which gave rise to this Rule are that one Hakimuddin Pramanik, as plaintiff, instituted a suit..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201....... of the defendant No. 1. This defendant No.1 never defalcated the amount of Tk. 19050.12 paisa or any other amount while he was on duty as acting Head Cashier in the Ajmiriganj Branch and as such the question of payment of the amount by him does not arise. It is absolutely false and malicious to say......a defalcation as alleged in the plaint, and if so, who is responsible and liable for the alleged defalcation? 5. To what relief, if any, is the plaintiff entitled?” 7. On consideration of the facts and circumstances of the case and evidence on record the learned Subordinate Judge decreed the..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......Subordinate Judge, 1st Court, Dhaka in Title Suit No. 228 of 1986 rejecting an application under Order 16 rule 10 (3) and another under Order 16 rule 1 of the Code of Civil Procedure. 2. The short facts relevant for disposal of the rule may be stated as follows: The opposite party Nos. 1‑4 ..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......istrative Tribunal would be incompetent to entertain any case unless it is filed before it within six months from the date of the impugned order and as in the instant suit the plaintiff has called in question the order of his termination which is dated 17.9.81, that is, 4 years before the Administra......vil Revision No. 108 of 1988. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule tinder section 115 of the Code of Civil Procedure is directed against an order of remand. 2. The relevant facts giving rise to this rule in brief are, that opposite party No. 1, as plaintiff, brought Title ..Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187.......nt Rule Nisi. 3. Respondents by filing an affidavit‑in opposition controverted the contentions raised by the petitioner stating, inter alia, that since the petitioner constructed the tin shed in question without. any sanctioned plan and the petitioner having failed in his reply to satisfy that ......ficer or the Building Construction Committee follows the procedure provided under section 3B the order for removal of the building or filling up of the tank will be either illegal or irregular in the facts and circumstances of a given case. 10. We have already found that the Building Construction..Category: Property Law | Date: | Hits: 77
Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)
....incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ......d petitioner, contends that the accused petitioner as an Advocate in the discharge of her professional duties acted bona fide and in good faith under instructions of her client and that the letter in question, Annexure‑B to the petition was addressed to the Head Master‑cum‑Secretary of the St.......ed petitioner as an Advocate, in reply to the said letter as per instructions of her client which she believed to be correct, gave the reply in question to the concerned Head Master narrating all the facts and circumstances under which the minor boy Fazle Samad was admitted into the said school by f..Category: Family Law | Date: | Hits: 191
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......pplication for pre‑emption, also claims to be a contiguous land holder of the case land. He resisted the pre‑emption application by filing a written objection in which he claimed that the sale in question took place within the knowledge of the pre‑emptor, in fact, the latter was the go between...... there cannot be any denial as there is no specific averment in the pre‑emption application. He argues that Order 7(1)(e) of the Civil Procedure Code requires that an application should contain the facts which constitute the cause of action so that there can be specific denial in the written state..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......orted in 38 DLR 265 where it has been held that while considering an application for amendment of pleadings it is to be seen whether the amendment is necessary for the purpose of determining the real question of controversy in between the parties. But from the impugned order it appears that the lear......le Suit No.226 of 1985 of the Court of Assistant Judge, 2nd Court, Dhaka against an order passed by him on 16.8.89 allowing amendment of the plaint on the petition filed by the plaintiff. 2. Short facts relevant is, that the opposite party being plaintiff instituted the aforesaid Title Suit No.22..Category: Property Law | Date: | Hits: 79
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
....he election of the petitioner as being void is set aside and the election petition dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 121. ......rred with its view that the splitting up of Chinamura centre was in violation of rule 6 (IA) of the Union Parishad (Election) Rules, 1983. 7. Feeling aggrieved the returned candidate has called in question the propriety of the order of the learned District Judge only so far as it relates to the s......0.2.88. It appears that on that day out of the total 1631 voters, 1600 voters exercised their right of franchise. Obviously, therefore, there was sufficient Publication of the notice. So, judging the facts of the case in the light of the principle laid down in the above‑mentioned case I am of opin..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ...... witness. His evidence along with the evidence of the informant SI Md. Abed Ali and the evidence of baby taxi driver, P.W.4 Badruddin Ahmed is sufficient to hold that the revolver and live bullets in question were recovered from the possession of the appellant though P.Ws. 1 and 4 did not witness th......he appellant in this case in collusion with the police officer. In his statement under section 342 Cr.P.C. the appellant also did not state anything except that he was not guilty. 15. In the above facts and circumstances, we find nothing to disbelieve the evidence of P.W.2 who is an independent a..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115.......vocate ‑ For the Respondent. Application No.133 of 1991. Judgment AM Mahmudur Rahman J.- This is an application for stay of realisation of the disputed amount of tax 60 the decision of the questions of law referred in the Reference Application No.133 of 1991. 2. During pendency of the ......he Court is always to act judicially and not capriciously. It cannot be said that this Court will be acting not judicially but capriciously in the event of granting stay order. It seems to us, in the facts and circumstances of this case, that no adverse affect in financial administration will occur ..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......’s Case was of the opinion that the High Courts in India do not have any inherent power lo grant bail but only statutory power under the provisions of Chapter XXXIX of the Code. 13. However, the question of anticipatory bail arose in the case of Hidayat Ullah Khan Vs. Crown PLD 1949 Lal 21. In ......e CJ.- This petition is against the Order dated 8-6-10, granting anticipatory bail to the accused-respondents by the High Court Division, in Criminal Miscellaneous Case No. 17892 of 2010. 2. The facts as alleged in the FIR in brief are that at the dead of night at about 12-30 AM on 22-5-2010, w..Category: Criminal Law | Date: | Hits: 89
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......y oral or extraneous evidence to contradict the terms of an instrument when it is proved, under section 91, subject, of course to certain exception. There is uniformity of judicial authorities on the question of exclusion of oral evidence by documentary evidence, and it is an established rule of evi......0 of 1977 affirming the judgment and decree dated 30.4.77 and 9.5.77 respectively passed by the Munsif, 1st Court, Kushtia in Title Suit No. 339 of 1970 decreeing the suit on contest. 2. The short facts which has given rise to the rule are as follows: The opposite parties as plaintiffs, brough..Category: Property Law | Date: | Hits: 74
Ghyas Siddique Vs. Bangladesh, 1990, 19 CLC (HCD)
....the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ...... regards the constitutionality of the section aforesaid we like to adhere to the well established self set rule which says, the Court will not declare a law unconstitutional, if the case in which the question is raised can be properly disposed of in some other way." and that is the case of the St......the rescinding of the impugned order by the Government. The Rule is, therefore, discharged as infructuous without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 179. ..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......f the petitioner is directed against the judgment and order dated 29.07.2009 passed by a Division Bench of the High Court Division in Writ Petition No.6469 of 2008 making the Rule absolute. 2. The facts of the case, in brief, are that the writ petitioner-respondent No.1 after completion of B.Sc. ..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......the suit has been transferred by the District Judge, Mymensingh to the Munsif Court of Bhaluka for disposal. The learned Advocate appearing for the petitioners further submits that in determining the question of maintainability of the suit the learned Munsif has not, assigned any reason and thus com......lling upon the opposite parties No. 1 to 4 to show cause as to why the Order No. 47 dated 20.9.86 passed by the learned Munsif, Bhaluka in OC Suit No. 180 of 1995 should not be set aside. 2. Short facts leading to the rule are: The petitioners as plaintiffs instituted a suit bearing OC Suit No..Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......tioner. Azizul Haque with Abu Ferdous Md. Syeed, Advocates ‑For the Opposite Party No. 1. Civil Revision No. 62 of 1988. Judgment Bimalendu Bikash Roy Chowdhury J. -This Rule is a short question as to the scope of rule 44(3) and rule 12(5) of the Union Parishads (Election) Rules, herei......possible for the Tribunal to trace it out and connect the same with the case before it and accordingly held that the deposit was not in compliance With the Rules. That case is thus distinguishable on facts from the case before me. In view of the above, I find no substance in this Rule. The Rul..Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......evidence on the side of the prosecution to prove the participation of the appellants in the occurrence which resulted in the murder or Asak Ali. 16. In consideration of the evidence on record, the facts and circumstances of the case as detailed above, we are of the view that prosecution has not b..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......t. 3. Only the defendant No. 1 who is the present opposite party No. 1 contested the suit by filing written statement denying their execution of bainapatra and the contract for sale of the land in question. During pendency of the suit the defendant No. 2 appeared through his Advocate (P.W. 6) W A...... recital raises any objection there for. Here the defendant No. 1 who is the executant of the kabala, exhibit‑2 did not challenge its execution on the date it is said to have been executed, but the facts remain that the Appellate Court below has not disbelieved the solenama, exhibit‑4 which was ..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... of the Union Parishad or it is undesirable from the administrative point of view and there has to be some indication in the order to that effect. Provisions of the said section 73(1) is more or less identical with that of section 13A of the present Ordinance in question. 16. For the reasons stat......, within the District Shariatpur obtained this Rule Nisi on 15.10.89, under Article 102 (presumably under sub‑article (2)(a)(1) of the Constitution of the People's Republic of Bangladesh calling in question the legality and propriety of the Notification সারক নং শা-উপজেল......ral submits that the formation of opinion of the Government in the exercise of its authority under section 13A of the Ordinance cannot be said was the product of non‑application of its mind, in the facts and circumstance of the case. 7. The learned Deputy Attorney‑General, however, frankly co..Category: Election Law | Date: | Hits: 121
50895088508750865085508450835082508150805079507850765074507250715070506950685067