Search Options
Judgment Advanced Search
Displaying 381-400 of 7097 results.
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
....g on behalf of respondent No.1, on the other hand, submits that the trial Court compared the signature of defendant No.1 appearing on the ‘bainapatra’ with his admitted signature according to the provision of section 73 of the Evidence Act and there was no scope for obtaining opinion of the hand...... 4. Defendant No.1 contested the suit by filing written statement denying the material statements made in the plaint. His case, in short, is that the suit is bad for defect of parties and barred by law of limitation. The bainapatra dated 3-3-2002 is forged and is created by the plaintiff. Defendan..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ...... 3. Mr. Subrata Chowdhury, learned counsel appearing for the defendant appellant had assailed the order of the High Court Division on two grounds, firstly; the High Court Division erred in law in making the impugned order without affording the defendant any opportunity of being heard and..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
.... report recommending recovery of the misappropriated money from the salary of the petitioner. But respondent No.1 differed with the findings and decision of the inquiry officer and issued a provisional order of dismissal of the petitioner from service. Ultimately, respondent No.4 issued th...... allegations made in the petition contending, inter alia, that the case is not maintainable in its present form and that there is no cause of action to file the case. By observing all requirements of law, the authority issued the order of dismissal. So the case is liable to be dismissed. 4. The..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
.... the leave petitioners. He has mainly argued that there was no
illegality in starting the Miscellaneous Case No.147 of 2004-205 for the
purpose of declaring the land in question as khas land as per provision of section 92(2) of the State
Acquisition and Tenancy Act since the period of long term l......t
petitioners under the khas khatian
of the Government (the annexure-G).
3.
The case of the writ petitioners, in short, was that their father Md. Sirajul
Islam Chowdhury and the brother-in-law of the writ petitioner No.1, namely, Syed
Muhammad Ullah were granted long term lease of 10 acr..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot any substance. The High Court Division declared the impugned order of, dismissal of the petitioner from service illegal on the finding that the dismissal order was issued without following the provision of the service regulations and in granting leave to this appeal this Division did not find......ste after the pronouncement of the judgment in the earlier Writ Petition No.20 of 1999 inasmuch as merely because the impugned order was issued speedily it does not necessarily mean that was issued unlawfully. 8. The respondent No.1 has appeared in this appeal and has submitted concise statement...Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....is the Managing Director of the said Company and also the guarantor of the loan. The shares held by him in that Company is less than 25% of the share capital. So, he is not a loan defaulter under the provision of the Bank Companies Act, 1991. 11. However, he has admitted that the said company w......vocate, appearing on behalf of the review petitioner, submits as under: 1. The Appellate Division committed an error apparent on the face of the record to ascertain that the material question of law regarding burden of proof was upon the respondent Nos.1 and 9 to prove their allegation against ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....t that the appeal was filed on 27-5-2001 and, as such, it ought to have been allowed due to operation of the of 4th proviso to section 159(6) of the Ordinance, enacted by the Finance Act, 2002 making provision that the pending appeal, filed by an assessee before the first day of July, 2002 before th......be deemed to have been allowed unless the appeal is disposed of within one year from the end of the year in which the appeal was filed; (II) Whether the Taxes Appellate Tribunal was justified in law in not accepting the bridge loan of an amount of Taka 3 Crore which was not an unexplained inves..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....the effect as a likely contingency. This knowledge of likelihood is the very least which makes homicide culpable whether the act in the course of which it was committed be legal or illegal. This provision is embodied in illustration (c) to section 299 which is as follows: "A, by shoot......Sinha J.- I have read the draft copy of the judgment written by my learned brother Md. Abdul Wahhab Miah J, I agree with the conclusions arrived at by my learned brother but since a vital question of law is involved in this appeal, I would like to express my own opinion. 3. Though facts relevan..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....wherein a discount of approximately Tk. 61% was allowed on all subsequent purchase. 3. Upon implementation of the project it appears that some of equipment supplied were not properly and/or fully provisioned with the necessary software interface with the other equipments which were supplied. The...... make good the same for smooth running of the same during the pendency of the SIAC Arbitration for which the petitioner has preferred the instant application before this court. 14. On the point of law the learned senior counsel Mr. Ajmalul Hossain QC submits that under the Provisions of Section 7..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....price of float Glass at Taka 17,885 to Taka 23,500 per metric ton.
3. Feeling aggrieved by the said order of respondent No. 2 the petitioner filed a review application on 28-8-2005, invoking the provision of Rule 3(7), before the respondent. No.1, Commissioner, Custom, Exercise and VAT Commissi......by deduct ion in the current account register and stopping the supply of the goods till having positive balance in the said register (Annexure-G) should not be declared to have been done without lawful authority and is of no legal effect and/or such other or further order of orders passed as to..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
....over, he goes to argue that the legitimate claim of the petitioner being rooted is Rule 5(3 A) of the Muslim Marriages and Divorces (Registration) Rules, 1975 is not sustainable, inasmuch as the said provision along with the entire Rules have subsequently been repealed by the Rules, 2009. 5. Mr.............Petitioner Vs. Bangladesh and others..............Respondents Judgments May 30, 2012. Result: The Rule is discharged. Nikah Registrar needs sanction of law to work According to Rule 6 a Nikah Registrar can perform additional responsibilities for a..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......nd others….......Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgment May 30, 2012. Result: The appeal is allowed. A court of law cannot pass a decree in respect of land which is not specified. In a suit for declaration of tit..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....ows that every order made by a District Judge (emphasis supplied) by virtue of the powers conferred upon him under the Act shall be subject to appeal to the High Court Division in accordance with the provisions of the Code. In the instant case, the impugned orders challenged before the High Court Di......Dolly Rani Sen @ Dolly Rani Roy and not from the testator, had/has no locus standi to make application to be added as a party in the revocation miscellaneous case and the High Court Division erred in law in passing the impugned judgment and order allowing his application for addition of party and, a..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....etenue by prejudicial activities caused sabotage on 14-3-1997 dismantling a gigantic electric tower of Manohar Khaghapara Power Grid at Pabna. Thus, the detenue indulged in prejudicial acts under the provisions of section 2 (f) (iii), (vi) and (vii) of the Special Powers Act, 1974. 5. The writ ......s in the former 4 (four) Writ Petitions and Taka. 10,000 to the detenue in Writ Petition No. 3489 of 1999. All these Civil Appeals are being disposed of by this single judgment as common questions of law and facts are involved in all these appeals. 2. Since common questions of law and facts are..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....atter of a decree passed in a title suit (Title Suit No.280 of 1970 filed by the predecessor of the writ-petitioners) cannot be amended or corrected in a writ jurisdiction by passing the statutory provision of law. So, the Rule was liable to be discharged. 8. In the second supplementary af......a in Case No.3-85/94(Appeal)-Dhaka and the order dated 08.10.1989 passed by the Assistant Commissioner (Land), Tejgaon Circle, Dhaka in Miscellaneous Case No.19 of 1987 to have been passed without lawful authority and are of no legal effect and also for a direction upon writ respondent Nos.3-5 t..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ......uit No. 224 of 2004 against the acquisition proceeding where all the papers of land acquisition case No.2/78-79 were submitted. Plaintiffs went to the learned Advocate, Md. Khalilur Rahman, lawyer for the plaintiff of Title Suit No.224 of 2004 and from him, plaintiffs could know that prede..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110. ......esult: The Rule is made absolute. Constitution of Bangladesh, 1972; Article 102 (2) (a) (ii) Exercising Statutory Direction- A statutory authority must address himself properly in law in the exercise of statutory discretion. He must direct his attention to matters which he is bou..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......father of the petitioner notoriously refused the title of Satish Chandra Datta and Ramesh Chandra Datta. Thereafter, the father of the petitioner excavated a pond in the suit land and by operation of law the status of Abdul Aziz as tenant was upgraded under Government. Abdul Aziz snowed his papers t..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
.... departmental appeal as per regulation 59 of the Bangladesh Biman Corporation Employees (Service) Regulations, 1979, and as such the writ petitions are prematured one. II. Because there being a provision in the Bangladesh Biman Corporation Employees (Service) Regulation, 1979 for termination o......31(a) of 2008 and 12157 of 2006) Order Surendra Kumar Sinha J. - The delay in filing Civil Review Petition Nos.6, 7, 8, 10 and 11 is condoned. 2. Common identical question of facts and law being involved in these petitions, they are disposed of analogously by this order. Respondents a..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
.... a case under Artha Rin Adalat Ain 2003. But the fact remains that the application by which the proceeding of warrant of arrest has to be set in motion should be in the manner and in keeping with the provision of section 34(1). Section 34(1) runs thus:— “৩৪।(১) উপ-ধা......005 detaining the petitioner and 4 others in civil prison for 6 (six) months (Annexure-E-1) in so far as it relates to the petitioner only should not be declared to have been passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
85108614716085648089708896498716853696298819853485169569861887959390882180828963