Search Options
Judgment Advanced Search
Displaying 3921-3940 of 7097 results.
Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)
....1/3 rd share in favour of his two brothers namely, Ram Singh and Kunjaya Singh equally. 26. Now, let us see what is the law regarding burden of proof. Section 101 of the Evidence Act lays down the provision of burden of proof which runs thus: "101. Whoever desires any Court to give judgment a...... petitioner moved this Court and obtained this Rule. 16. Mr. JN Deb on behalf of Mr. Mahbub Ali, the learned Advocate for the petitioner, submits that the appellate Court has committed an error of law in decreeing the saham of 1/3 rd share in the suit land to the plaintiff and also failed to cons..Category: Property Law | Date: | Hits: 75
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....al Court ought to have considered from the records of Other Suit No. 105 of 1983 whether the summons were served upon the defendants of that suit properly and legally in accordance with the mandatory provisions of Order V, rules 15, 19 and 20 of the CPC and, in addition, the trial Court ought to hav......nding of the Court below is based on misreading of evidence and no consideration of evidence. He also submits that there was no substituted service upon the defendants of that suit in accordance with law. 5. Mr. Rafique-ul-Huq, the learned Advocate appearing for the respondents, on the other hand..Category: Property Law | Date: | Hits: 83
Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)
....h an offence again. However, that is not to say that he should not be punished at all. In my view, the penal system of Bangladesh is essentially reformative in character a opposed to retributive. The provision afforded by the Probation of Offenders Ordinance, 1960 ("the Ordinance") is a prime exampl......aleque are workers under the Dhaka Municipal Corporation and live in neighboring residential quarters. On 21-8-94 the petitioner had left an iron bed in front of the informant's door where her son-in-law brushed against it and got injured. The informant asked the petitioner to remove the bed, but he..Category: Criminal Law | Date: | Hits: 97
....neral Secretary of the Trade Union is entitled to get protection from order of transfer from one place to another and that he can only be transferred from one place to another with his consent as per provisions of section 47B of the Industrial Relations Ordinance, 1969. The said provisions provide t...... Islam Avenue, Karwan Bazar, Commercial Area, Tejgaon, Dhaka to the office of the respondent No.1 in the Transmission Department at Demra, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to t..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....r filed a petition in the Court of the learned Magistrate for the commission of the offence punishable under section 471/475 of the Penal Code. Accordingly, the learned Magistrate in pursuance of the provision of sections 195(1)(C) read with section 476 of the Code of Criminal Procedure filed the co...... and propriety of the opposite-party No.2 to prefer an appeal under section 417 A(2) of the Code of Criminal Procedure where the impugned order of sentence has been enhanced because the provisions of law as laid down in section 417A(2) does not empower any witness or any other person to prefer an ap..Category: Criminal Law | Date: | Hits: 60
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....dure and is directed against an order No. 113 dated 6-2-2003 passed by the learned Joint District Judge, First Court, Dhaka in Title Suit No. 153 of 1992 rejecting an application for noncompliance of provisions of Order VIII, rule 1(5) of the Code of Civil Procedure. 2. The facts relevant for dis......sentation of the written statement which were admitted into evidence without any explanation; that papers were not filed when the PWs were examined and thus the learned Court below committed error of law in taking those documents into evidence. 10. Mr. TH Khan with Mr. Mahbubey Alam, the learned ..Category: Property Law | Date: | Hits: 131
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ely affected by an order or decree. 9. Section 96 of the Code of Civil Procedure deals with appeals from decrees and section 104 of the Code of Civil Procedure deals with appeals from orders. This provision does not in terms say who is entitled to prefer an appeal. The Code, however, lies down th......eal against the decree passed against the defendant No. 5 by reason of section 146 of the Code of Civil Procedure. That the rejection of the memo of appeal in question was made not in accordance with law and thereby caused miscarriage of justice to the petitioner and, as such, the impugned order is ..Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....115(1) or under section 115(4) of the Code. 7. Pressing the application, Mr. Sk Md. Morshed, the learned Advocate appearing for the defendant-opposite party, submits with reference to the relevant provisions of sub-section (2) of section 2, section 96 and Order XLIII of the Code that the instant ...... of the suit. It may be partly preliminary and partly final". Section 96 of the Code runs as follows: "96. (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercisin..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
....tayed. 3. Rule was made returnable within 4 weeks. 4. Rule being ready was fixed at the instance of State opposite party for hearing. 5. Learned Advocate for the accused petitioner refers to provisions of section 27(1) of Nari-o-Shishu Nirjatan Daman Ain, 2000 as amended vide Gazette Notifi......ll not take cognisance of any offence under said Ain for action without any written report from any police officer not below the rank of Sub-Inspector of police or from any other person authorised by law about the offence complained of. 6. He categorically explains that police report as above und..Category: Criminal Law | Date: | Hits: 48
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....34 in class 30 being already in existence on the record, the Registrar of Trade Marks, opposite party No. 2, ought not to have registered the impugned trademark of opposite party No. 1 in view of the provisions of section 10(1) and 8(a) of the Act. It is stated that the petitioner engaged a lawyer i......ite party No. 2, ought not to have registered the impugned trademark of opposite party No. 1 in view of the provisions of section 10(1) and 8(a) of the Act. It is stated that the petitioner engaged a lawyer in order to oppose the registration of the impugned trademark No. 21508 in class 30 according..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......s Case 57 of 2000 and complaint case was registered as Sessions Case 28/2001. Both the Sessions cases were sent to Additional Sessions Judge, 1st Court, Jenaidah for trial and disposal according to law. 8. Learned Advocate informs that learned Sessions Judge took up first the complaint case (Se..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....it or even without any attempt to do so. As such, it is a nullity in the eye of law and it is imperative upon any Court of law, which is in seisin of the matter, to hold so, even without invoking the provisions of section 19 of the Artha Rin Rin Adalat Ain or rule 13 of Order IX of the Code of Civil...... petitioner in the instant writ petition. 6. Mr. Mahbubey Alam, the learned Advocate appearing on behalf of the defendant-petitioner submits that the ex-parte decree is a nullity in the eye of law for the following reasons: i) No attempt was made to serve the summons upon the defendant-p..Category: Civil Law | Date: | Hits: 102
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......contested the application by filing written objection and the learned trial Court by order No. 35 dated 7-5-1994 rejected the application with the finding that such application is not maintainable in law. 11. Thereafter, the defendant No. 1 as petitioner filed miscellaneous case No. 230 of 1994 o..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....e marriage between the parties has been dissolved or not. 18. In order to consider this point, it is necessary to refer section 7 of the Muslim Family Laws Ordinance of 1961 and to see whether the provision of this section has been complied with or not. 19. Section 7 of the Muslim Family Laws ......orhan, the learned Advocate for the petitioner, submits that the learned District Judge, Tangail passed the judgment and decree without going deep into the facts and circumstances of the case and the laws applicable thereto; that the judgment and decree passed by the learned District Judge, Tangail ..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......rs Harun Chowdhury as the District Magistrate of Sylhet and Mustafa Kamal as the Superintendent of Police, Sylhet are very much involved with the administration of criminal justice and maintenance of law and order in the district. It is their bounden duty to obey the orders passed by this Hon'ble Co..Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
.... plaintiff; (b) the plaintiff is not an eligible creditor; (c) the suit is barred under section 12(I)(ga) of Bankruptcy Act, 1997 and (d) the plaint has been filed in gross violation of the mandatory provisions of sections I6(2)(Ka), of the Act, Rule 4(2)(ga) and Rule 9(2) of the Rules. It is stated...... No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....judgment and order as it has failed to appreciate that the tribunal without considering the facts and circumstances of the case and materials on record and without applying its judicial mind to the provisions of Section 265C and 265D of the Code of Criminal Procedure and without assigning any reas......nal Petitioner for Leave to Appeal before this Court. 6. Mr. T.H. Khan, the learned Advocate appearing on behalf of the accused petitioner submits that the Court Division has committed an error of law passing the impugned judgment and order as it has failed to appreciate that the tribunal witho..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
.... the Arbitration Miscellaneous Case No.33 of 1997 and accordingly on his prayer in the court the said Arbitration Miscellaneous Case was withdrawn on 04-05-1999. The Appellant stated that under the provisions of the Article No. 178 of the Limitation Act, 1908 an award must be filed in Court for ma......e, the above findings of the trial Court has been arrived at without looking into the aforesaid relevant materials and thereby the trial court failed to apply its judicial mind and committed error of law in making the award a Rule of the Court without any basis. The High Court Division has also comm..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)
....f the impugned order is not interfered with their right of ownership which has been restored by the Act, 1994 would be taken away. It is also submitted that the respondents have misconstrued both the provisions of President's Order No. 135 of 1972 and the Act of 1994 which amended section 86 of the ...... the respondents to show cause as to why the impugned order dated 29-11-94 as contained in Annexure 'E' to the writ petition issued by respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect and why a direction should not be issued upon the respond..Category: Property Law | Date: | Hits: 99
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....g this essential distinction between Rules 16 and 18 and is accordingly, to be deemed to have been passed without lawful authority and to be of no legal effect. This Court upon a perusal of these two provisions of the Rules notes that a distinction is indeed, made under the Rules concerning the dete......eer prepared by Memo No. 65-Paubo (Kop)/B-l/Sha-l//l-Ja-1/95 dated 2-3-2000 thereby fixing seniority of respondent Nos. 6 to 13 above the petitioners shall not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos. 1 to 5 shall not be directed ..Category: Employment/Service Law | Date: | Hits: 79
47894788478747864785478447834782478147804779477847764775477147704769476847664765