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Displaying 3761-3780 of 7097 results.
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.......notified contiguous land holder who came to know about the transfer in Sravan 1380 BS and not at the time when it was transferred, that the case is not barred by limitation and that he is entitled in law to pre‑empt the case land. On the basis of these findings he allowed the application of the pr..Category: Property Law | Date: | Hits: 72
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
.... election authority to give 15 day’s notice before the date of election. In the case of Laizu Begum Vs. Election Commission and others, 42 DLR (AD) 180 our Appellate Division, on a reference to the provisions of Rules 6, 9, 26 and 29 of the Union Parishads (Election) Rules, 1983, stated the legal ......ublication 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 opinion that the learned District Judge committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the setting..Category: Election Law | Date: | Hits: 129
Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)
....ail. Hence the practice of adjourning criminal trial frequently on the prayer of the defence in spite of appearance of the prosecution witnesses on the ground of absence of any accused over‑looking provisions of section 339B Cr.P.C. is contrary to law and should be discontinued. 14. In this cas......al frequently on the prayer of the defence in spite of appearance of the prosecution witnesses on the ground of absence of any accused over‑looking provisions of section 339B Cr.P.C. is contrary to law and should be discontinued. 14. In this case we have already noticed that the seizure list wi..Category: Criminal Law | Date: | Hits: 75
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
....d by the High Court Division” used in sub‑section (4) of section 161 the High Court Division is not vested with the power to stay realisation of tax without conferment of such power by a specific provision made in the Ordinance expressly conferring such power. Mr. Moksudur Rahman, secondly, cont......r 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 Reference App..Category: Fiscal/Taxation Law | Date: | Hits: 98
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....f Chapter XXXIX is that sections 496 and 497, provide for the granting of bail to accused persons before trial, and the order sections of the Chapter deal with matters ancillary or subsidiary to that provisions." 8. Section 496 of the Code of Criminal Procedure enables a Court of Magistrate or an......ts appeared before the High Court Division on 8-6-2010 and prayed for anticipatory bail on the apprehension that if they surrender before the Court below, they would not be treated in accordance with law and would surely be given to police remand. 4. The High Court Division, after hearing, by its..Category: Criminal Law | Date: | Hits: 89
Moazzem Hossain Chowdhury (Md.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ted that as per section 10 of the Special Powers Act the grounds of detention should have been placed before the Advisory Board within 120 days of the detention order. Because of the violation of the provisions of the Special Powers Act as contained in section 10 of the said Act, the detention of th......ause as to why the said detenu now being detained in Satkhira Sub‑Jail should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority or in an unlawful manner. 2. In the said petition it has been stated that on 29...Category: Constitutional Law | Date: | Hits: 172
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....such contradictory claims. The learned advocate further submits that the learned Court of appeal below erred in law in his decision occasioning failure of justice in not holding that according to the provision of sections 91 and 92 of the Evidence Act oral evidence is inadmissible to alter or contra......plication before this Court and obtained the instant Rule. 5. Mr. Hasan Foez Siddique, the learned Advocate appearing for the defendant‑petitioner, submits that the learned Courts below erred in law on the fact of the record in decreeing the suit for Specific Performance of Contract without any..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181....... Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50 and the decision in the case of Sm. K. Ponnalagu Ammal Vs. The State of Madras, 1953 Mad. 485. There is no dispute regarding the proposition of law that a person who was‑not a party to the suit may prefer an appeal if he is affected by the ju..Category: Property Law | Date: | Hits: 69
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. ......(c) of the Special Powers Act, 1974 prohibiting publication of future issues of the "Daily Meillat" with effect from 2nd December, 1989 should not be declared to have been made and issued without any lawful authority and should not be set aside as illegal on grounds, inter alia, of it being arbitrar..Category: Criminal Law | Date: | Hits: 71
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....rge sheet containing several allegations raised against him under Rule 39(Ka), (Kha) and (Cha) of the Rural Electrification Board Service Rules, 1990 and the proceeding was started against him as per provisions of Rule 43 of the Service Rules, 1990. The respondent No.1 submitted his explanation whic......owers for the package-1 and package-3 respectively. But the respondent No.1 without factory inspection and observation of the said destruction test for other two companies and outside his authority unlawfully approved M/S JV Desh Engineering and Development Agency and M/S Simon Inter Trade Pvt. Co. ..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
.... the face of the fact that out of 4 schedules the land of 2 schedules, viz, schedule 2 (Ka) and (kha) do not fall within the. territorial jurisdiction of the said Court. To determine the question the provision of section 24 of the Civil Procedure Code may be looked into. The section provides: "24......luka Upazila Munsif. A petition was also filed on behalf of the plaintiffs on 20.9.86 asserting that the suit is maintainable and it can very well be tried by the Munsif, Bhaluka Upazila according to law. The learned Munsif after hearing the parties by his order dated 20.9.86 held that the suit is n..Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....posit security for the cost of the election petition under the literal head as mentioned in rule 12(5) and any deviation there from would entail rejection of the election petition. 4. The relevant provision for deposit of security cost of an election petition is contained in rule 44(3) of the Rul...... aggrieved the petitioner has called in question the legality of the order in this Rule. 3. Appearing on behalf of the petitioner Mr. Nurul Huq, submits that the Tribunal has committed an error of law resulting in an error in the decision occasioning failure of justice in not dismissing the elect..Category: Election Law | Date: | Hits: 130
Kadu and others Vs. State, 1990, 19 CLC (HCD)
.... Asak Ali was murdered. He further submits that appellant Sunil was aged less than 16 years at the time of his trial and as such his joint trial with other adult appellants was illegal in view of the provision of section 6 of the Children Act, 1974. Mr. AKM Shamsul Karim, the learned Assistant Attor......ppellants was illegal, we may refer to sub‑section (1) of section 6 of the Children Act, 1974 which reads as follows: "Notwithstanding anything contained in section 239 of the Code or any other law for the Lime being in force, no child shall be charged with, or tried for, any offence together ..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....suit on the ground of defect of parties. When the contract was legally proved, although as a matter of right the plaintiff cannot claim the decree for specific performance of such contract, under the provision of the Specific Relief Act the Court should not also refuse to grant relief for its perfor......74, was not made party in the suit. Hence, this Rule. 8. Mr. Mihir Kanti Majumder, learned Advocate for the plaintiff‑petitioner, submits that the Appellate Court below has committed an error of law resulting in an error in the decision occasioning failure of justice in reversing the decree wit..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....neries. Thus, it is claimed that such order of suspension ex facie cannot be sustained in law as the same does not manifest the formation of the Government's opinion for his suspension in view of the provision and the requirements of law contemplated in section 13A of the said Ordinance. It is also ......ccessful in keeping him out of the office for most of the period in connivance with the local Government machineries. Thus, it is claimed that such order of suspension ex facie cannot be sustained in law as the same does not manifest the formation of the Government's opinion for his suspension in vi..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ned property may make an application to the prescribed authority on the ground that- (a) the property is not abandoned property, or (b) his interest in the property has not been affected by the provision of this order. (2) An application under clause (1) shall be made within three months of....... Sometime in 1971 she went to Karachi with tier children for attending a social function there and before her return from Karachi Bangladesh became independent on 16th December, 1971. In view of the law and order situation then prevailing in Bangladesh and the then Pakistan she could not immediatel..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....ner but the learned Magistrate by order dated 27.4.89 rejected the petition and framed charge against the petitioner under sections 54 and 55 of the said Ordinance; that the alleged offence under the provisions of the said ordinance is exclusively triable by the Labour Court and taking cognizance of...... with the technicalities of Labour disputes in the. only competent Court to try such special offence and under the provision of section 29 of the Code of Criminal Procedure offences under the special law shall be tried by the Court mentioned in the special law and as such jurisdiction of the Upazila..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......balance of convenience of the parties, bias in a Judge causing reasonable apprehension of not getting justice, embarrassment of the Court, environment not congenial to fair trial, common question of law and facts raised in the suits, a question of interpretation of law and constitution of far-reach..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....nd claimed to be tried as per law. The other 2(two) accused Hanif and Mannan being absconding from the very inception of the case the trial as against them was held in absentia in accordance with the provisions of section 339B(1) of the Code of Criminal Procedure. 4. The prosecution examined 8(......Code against all the 4(four) accused persons. The charge was read over and explained to the accused present in the dock, namely, Sohel and Hannan who pleaded not guilty and claimed to be tried as per law. The other 2(two) accused Hanif and Mannan being absconding from the very inception of the case ..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....rder as to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 102; 16 MLR (AD) (2011) 268; 8 LG (AD) (2011) 138; 9 ADC (2012) 536.......doubt only because there is allegation of causing injuries by other accused persons but the medical evidence does not corroborate the injuries inflicted by other accused is not a sound proposition of law. The learned Sessions Judge assigned reason and discarded the evidence of P.W.s 2, 3, 4, 5 and..Category: Criminal Law | Date: | Hits: 90
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