Search Options
Judgment Advanced Search
Displaying 3861-3880 of 4866 results.
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....1967. Ultimately the property was released from the list of enemy property on the prayer of the plaintiff, Amal Kumar Moitra, However, continued in possession of the House and in the recent record of rights the name of Shanti Sudha Moitra was mentioned. This having cast doubt in the title of the pla......ingle Judge of the High Court Division in Civil Rule No. 719 of 1975 setting aside the order dated April 14, 1975 of the 1st Court of Munsif, Kushtia in Title suit No. 673 of 1969 allowing the prayer for addition of the appellant as defendant No. 7 in the suit under Order I, rule 10 of the Code of C......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......cessary for proper adjudication of the suit. The learned Counsel further submits that the learned Judge committed substantial error of law in practically deciding the main issues of the suit as the trial court while exercising jurisdiction, under section 115 of the Code. 9. Mr. Abdul Hamid, lea..Category: Tenancy Law | Date: | Hits: 142
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... of 1972) 4. Vesting of abandoned property.– where before the commencement of this regulation, any property, or the prosecution, control, management administration or other rights of, or in respect of, anyproperty, has been or is purported to have been taken over under t......sh;For the Respondents. M. H. Khandker, Senior Advocate with A. T. Kamrul Islam, Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Appeal No. 171 and 305 of 1977. (From the judgment and order dated J......er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ...... arises from the judgment and order of the Division Bench of the High Court passed in Writ Petition No. 257 of 1973 on April 7, 1977 rejecting the prayer for declaring that the industrial concern named "Bangladesh Glass Works" of Bogra is not abandoned property within th..Category: Constitutional Law | Date: | Hits: 307
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ls on record including the statements under section 161, Cr.P.C and that the accused petitioner is an Additional Income Tax Commissioner and on the date of occurrence he was on duty at Chittagong, rightly discharged him. 4. As it appears the High Court Division made the Rule absolute hold......ovi 5 BLT (AD) 67 = 3 BLC (AD) 52. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record— For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.140 of 2005. (From the judgment and order dated 23-2-2005 passed by t......ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ed the case/ which means that the materials collected during investigation are to he examined for the purpose of ascertaining as to whether there is any case for the purpose of proceeding with the trial against the accuseds but however/ if any extraneous document is filed at the stage of framing..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence has no fundamental right to be tried by the specified Court or the procedure existing at the time of the commission of ......or 15 of the Emergency Power Rules, 2007 can be tried under the said Rules. Neither the Emergency Power Ordinance nor the Rules created those offences. Section 385 has been brought under rule 14 only for the purpose of trial. Therefore the question of violation of Article 35(1) of the Constitution d...... filed Writ Petition No.6576 of 2007 before the High Court Division challenging the legality of the approval given in the instant case by the Additional Secretary, Law Section'1, Ministry of Home Affairs, Government of Bangladesh under Rule 19 T (1) and (2) of the Emergency Power Rules, 2007 as am......e’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself. A person accused of an offence has no fundamental right to be tried by the specified C..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... Gupta vs. President of India reported in AIR 1982 (SC) 149 and the case of SR Bommai vs. Union of India reported in AIR 1994 (SC) 1918. 22. The learned Counsel further submits that right to information is a cherished right in a democratic dispensation and it cannot be withheld wh......inion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in t...... Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs................................Appellant Vs. Md. Shamsul Huda and others.........ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... the High Court Division fell in error in holding that Order VIII, rule 6, CPC does not provide for counter-claim but only set off-inasmuch it is by now well settled that the defendant has both the right of set off as a defence and counter-claim as an attack which will be treated as a cross suit ...................Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint……&hell...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......f pleading had been taken in the form of a plaint. 6. In the case of United Shipping vs. WH Bennett and others 36 DLR (AD) 175 which was referred by the High Court Division, the trial Court in a suit in which the plaintiff claimed for a decree of Taka 5,85,841 passed order in ..Category: Civil Law | Date: | Hits: 111
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....west coast during World War II and their confinement for three years "in Tar-Peper barracks fenced by barbed wire and guarded by armed soldiers" for "military necessity". Suspension of Constitutional rights had to be sanctioned by the Court during war time. Judges probably remembered the Roman sta......een heard together and are being disposed of under this judgment. 2. Criminal Appeal No. 5 of 2008 has arisen out of leave granting order dated 31-1-2008 passed by this Court in criminal petition for leave to appeal No. 46 of 2008 challenging the order dated 13-12-2007 passed by the High Court D......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......on 27 of the Anti-Corruption Commission Act, 2004 and section 109 of the Penal Code. Accordingly, charge was framed against the accused persons including the accused-respondent. After conclusion of trial the learned Special Judge, Special Judge Court No. 2, Dhaka by the impugned judgment and order..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......gle Bench of the High Court Division in Civil Revision No. 4520 of 1997 making the Rule absolute. 2. The fact, in brief, is that the appellants as plaintiffs filed Other Suit No.73 of 1994 for declaration that the appointment of defendant Nos.10-15 as teachers of the Thakurbari Juni......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ...... said Other Suit No.11 of 1993 an ad interim order of injunction was passed on 23-2-1993 directing the parties to maintain status quo. During the pendency of the said Other Suit No. 11 of 1993 the trial Court by order dated 10-2-1994 dismissed the suit as infractuous on an application filed by t..Category: Civil Law | Date: | Hits: 110
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....ul Hamid possessed the land during his life time and after him his heirs defendant Nos.1-9 are in possession of the land i.e. the suit land, that neither plaintiff nor the other defendants have any right, title and interest in the land in suit, that suit has been filed making untrue statements. ......on setting aside the judgment and decree dated January 29, 1991 of the Court of Assistant Judge, Raozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is th......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......y the plaintiff and the defendant Nos.2 and 3 as well as by the defendant No. 10. Plaintiffs and defendant Nos. 2, 3 and 10 also filed documents in support of their respective claims. 7. The trial court on consideration of the oral and documentary evidence arrived at the finding that defe..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......ioner. Not represented- Respondents. Civil Review Petition No. 47 of 2005 (From the judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1910 of 2002) Judgment: &......mended in 1986) made Department and as per his qualification he was appointed in Grade-II. The writ petition was filed contending that the amendment in the Recruitment Rules of 1980 in 1986 was not fair. We have held that this contention of the writ-petitioner has no merit since the amendment wa......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....ubmitted that the Customs Act being a fiscal legislature should have the basis for the taxation, that is, the value, slab or quantum as it is applicable to all citizens alike. Nobody has any vested right to any particular rate, slab or quantum of tax as the authority is to collect the revenue by ......te Ltd, 1994 PLD (SC) 363; Govt. of Province of Bombay Vs. Pestonji Ardeshir Wadia and others, AIR 1949 PC 143; Gupto Imp. Vs. Board of Revenue, AIR 1953 SC 25; Texco Stores Vs. Secretary of State for Environment and others, (1995)2 All England Reports 636; Ghulam Zarina, 16 DLR 486 Vs. A.B. Kho......ed for assessment of customs duties and other taxes in respect of the concerned imported goods is arbitrary, fictitious grossly inflated having no objective basis and not in keeping with fair value of the goods in the international market inasmuch as section 25(7) of the Customs Act do...... finds from materials that the importer or exporter have taken resort to under-invoicing or over-invoicing and in order to protect realisation of proper customs duty, and to protect the local industrial selfsame product, the Government is obliged to fix tariff value of the imported goods. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... and which was dismissed and against whereof he preferred Appeal No.11 of 1964 before the Divisional Commissioner and by order dated 10.9.1964 the requisition proceedings was withdrawn and his right and title became established; thereafter S.A. Khatian was finally published correctly into h......reversing those dated 28.02.1999 by the Senior Assistant Judge, Sadar, Rajshahi in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, ...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......ng a forged document previously filed S.C.C. Suit No.2 of 1989 against the appellants for eviction as tenant and lost there; the suit is false and is liable to be dismissed. 4. The trial Court dismissed the suit and on appeal the same was decreed. The defendant-appellant unsucces..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....int of limitation the lower appellate court concurred with the decision of the trial court holding that: "the trial court made an elaborate discussion on this point and rightly concluded that the Misc Pre-emption case is hopelessly barred by limitation." ......Mahmudul Islam, Senior Advocate, with Probir Neogi, Advocate, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1470 of 2004 (From the judgment and order dated 16th. May, 2004 pass......ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......to possession of the case land on 18.06.95 and he then raised dwelling house thereon at the cost of Tk. 25,000/- and that the pre-emptor is no longer a co-sharer in the case holding. 3. The trial court, after hearing, refused preemption holding that the pre-emptor ceased to be a co-s..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....Court Division discharged the Rule. 5. Leave was granted to consider the submission that the pre-emptor had the knowledge of the purchase by the pre-emptee but he failed to exercise his right of pre-emption within the given time. So the case is barred by limitation. 6. We have ......holding by purchase by kabala dated 23.05.1972. The pre-emptor first came to know of the kabala sought to be pre-empted 2nd Jaistha, 1388 B.S. when the labourers of pre-emptee went to the case land for cultivation. The pre-emptor, thereafter, took certified copy of the kabala and filed by t......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......shy;dence on 2nd Jaistha, 1988 B.S. P.W.2 Mozammel Huq, in his evidence stated that he heard about the kabala in question from one Abdul Gani who has not been examined in the case. Accordingly the trial court found that the pre-emptor failed to prove his date of knowledge of the kabala on 2nd Ja..Category: Property Law | Date: | Hits: 31
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
..... 8. The learned Advocate-on-Record, appearing for the defendant-petitioners, submits that the first appellate Court having scrutinised all the materials on record carefully came to the right conclusion that the exchange deed Exhibit A is a bonafide document. Therefore, the High Cour...... Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by t......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......ossession of the suit land. The defendants alleged that the plaintiff had manufactured some false and collusive documents and on the basis of those documents has filed this suit. 5. The trial Court decreed the suit. Being aggrieved by the decision, the defendant-petitioners filed Titl..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....t remained the same and the suit still cannot be fixed for ex parte hearing and it can be fixed for hearing only in case of default to file the written statement and the defendant still retains the right to appear on the date of hearing and participate at the trial. 9. In the decision repo......as obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants ......cepted by defendant No.1 and the final notice to show cause being issued by the same officer who conducted the departmental inquiry against him, he replied to the same stating that he would not get fair trial; then the plaintiff, being compelled to believe that the defendant No.1, in order to di......d by defendant No.1 and the final notice to show cause being issued by the same officer who conducted the departmental inquiry against him, he replied to the same stating that he would not get fair trial; then the plaintiff, being compelled to believe that the defendant No.1, in order to dismiss..Category: Employment/Service Law | Date: | Hits: 120
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....ngs that the plaintiff has locus standi to file the suit and to maintain an application for temporary injunction, that in view of the provision of section of the Specific Relief Act,1877 since the right of the plaintiff has been invaded by the defendants, as such, plaintiff, who is ......) allowing the same and thereupon setting aside the judgment and order dated January 18, 2001 of the Court of Assistant Judge, Nalchity, Jhalokathi in Title Suit No. 2 of 2001 rejecting the prayer for temporary injunction. The suit was filed seeking decree for permanent injunction restraining th...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......s in Classes VI to IX, that because of good performance in the public examination the School has become jealous and thereupon has filed the suit to cause prejudice to the High School. 4. The trial Court upon hearing the parties and on consideration of the materials on record held that it h..Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....(XXIII of 1949), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties......ook over its possession. This finding, based on due consideration of evidence, was beyond the scope of the revisional court to interfere with. Executants of the kabala Ext. 1 had no title to the land for transfer to the respondent. Thus both the appeals are allowed and judgement and decree of the Hi......e writing or signature of a person, as has been deposed to by the witness who proves the said document. The question as to whether the document is a genuine one or it represents the true state of affairs is a question of fact which is to be decided by the Court concerned in the light of the facts ......t to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On consideration of evidence, oral and documentary, and the attending circumstances, both the trial Court and the appellate Court came to a finding that Ram Prosad had surrendered the land where..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.... the plaintiff-respondents, submits, on the other hand, that the cause of action and the reliefs prayed for in the two suits are vastly dissimilar, suit land being the same. The respondents had every right under the law to file any number of suits over the same cause of action. The only limitation i......al is allowed with costs. The Code of Civil Procedure, 1908 (V of 1908), Order V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and names of the persons witnessing the.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ....... And the courts below failed to consider this relevant provision of law and committed error. Considering the evidence adduced by the appellants not duly considered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte de..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......dure, 1898 (V of 1898), section 498 Bail matter After admission of appeal High Court Division having failed to grant bail appellant obtained leave and ad interim bail from the Appellate Division for a limited period with a direction to dispose of the appeal before the High Court Division within......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......r appeal, Criminal Appeal No. 215 of 1986. 2. They were tried by the Additional Sessions Judge, Kushtia, for offences under sections 302/34, 147 and 148 of the Penal Code. But on conclusion of the trial they were acquitted of the charges of murder and trespass, but were convicted only under sec..Category: Criminal Law | Date: | Hits: 51
23732370236423602359235523512350234423432342234123392338233423332331232823272326