Search Options
Judgment Advanced Search
Displaying 4001-4020 of 4295 results.
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ted ground of total absence of jurisdiction or malice in law and that not in a case where the consolidated sheet of the election result has been challenged, adjudication hereof needs to decide the disputed question of fact which is the exclusive jurisdiction of the election tribunal. &nbs......issuance of the Rule stayed publication of the result. 4. Appellant’s case, upon denial of the allegations of the respondent No.1, was that there was no illegality in the holding of poll and consolidation of the result as well as in declaring him elected by the Returnin..Category: Election Law | Date: | Hits: 124
....fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
......n untenable grounds and on hearing the parties the Adalat by order dated 15-3-1997 rejected the petition for compromise decree. It is the case of the petitioner that the Artha Rin Adalat was wrong in holding that respondent No. 2 was not agreeable to compromise. But in the letter dated 25-2-1995 res..
Category: Civil Law | Date: | Hits: 109
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....he seized goods were the same goods as were sold in auction and further as to whether the goods were seized at a place near the Sundarban Hotel or at a place near the graveyard in Swamibagh are all disputed questions of fact. We find that the High Court Division decided the issues in a slip shod ......issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....to improve his case by stages, first to meet the defendant’s objection of mentioning plot No.936 and then to fit in with the report of the advocate commissioner as to the area, covered by the disputed structures of the defendant and finally, to bring a new case that he, in fact, purchased ......the aforesaid two applications by filing written objection. 5. The trial Court by its order dated 16-8-89 allowed both the 3rd and 4th applications for amendment of the plaint holding, inter alia, that such amendment does not change the nature and character of the suit. Agai..Category: Property Law | Date: | Hits: 58
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ......ule 32 Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of permanent injunction is maintainable, the single bench decision holding that such an application is not maintainable have no force at all. &..Category: Property Law | Date: | Hits: 57
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......the material allegations and stating that the case is not maintainable and barred by limitation, estoppel, waiver, acquiescence and defect of parties. His case it that he is a co-sharer in the suit holding and, as such, the pre-emption case against him is not maintainable. 3...Category: Property Law | Date: | Hits: 65
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....r 26, 2000. The Code of Criminal Procedure, 1898 (V of 1898), Sections 145 & 561A Order of the Civil Court was passed earlier regarding disputed property so there could not be any proceeding under section 145 of the Code of Criminal Pr......drew up proceeding under section 145 of the Code of Criminal Procedure and attached the property and appointed the Officer-in- Charge as receiver. Although the proceeding was started in respect of holding No. 58/1 of Purana Paltan the receiver on the basis of the proceeding not only took over po..Category: Criminal Law | Date: | Hits: 62
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....round of bonafide requirement and also for repair of the roof of the house in order to save the building from damage. His further case was that the respondent became an unauthorised occupant of the disputed shop on expiry of the agreement of lease. 3. The respondent conteste......afide for expansion of his business. But the learned Single Judge of the High Court Division misdirected himself in reversing these findings of fact reached by the trial Court on legal evidence in holding that the appellant did not utter a word in his evidence in support of his claim of bonafide..Category: Property Law | Date: | Hits: 69
Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)
....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62. ......verments needs to be proved by evidence that no cause of action arises within the meaning of Order 7 rule 11 CPC. He further submits that the learned Judge of the High Court Division fell in error in holding that the suit is barred by section 42 of the Specific Relief Act that in not holding that a ..Category: Civil Law | Date: | Hits: 105
State Vs. Shahjahan, 2001, 30 CLC (AD)
....ed to interfere with the impugned judgment. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ...... such, he is entitled to be acquitted on the ground of benefit of doubt. 6. Learned Deputy Attorney-General submits that the learned Judges of the High Court Division erred in holding that since evidence of PWs 2 and 4 is not acceptable so the evidence of all other witnesses..Category: Criminal Law | Date: | Hits: 55
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
.... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ...... 9 the Rule in Civil Revision No. 1900 of 1991 was obtained for setting aside the judgment and decree of the Appellate Court and the High Court Division by order dated 28-7-1997 discharged the Rule holding that the same had become infructuous as the Rule was obtained against a dead person showing..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....ndering or taking possession has been issued. Since no notice as contemplated under section 5(1)(b) of the said Ordinance was issued to the respondent Nos. 1-6 or any other person inclusion of the disputed property in the “Kha” list of the abandoned buildings is without lawful author...... 1987 to have been made without lawful authority’ and of no legal effect. 2. Respondent Nos. 1-6 tiled the aforesaid case before the Court of Settlement for exclusion of holding No. R/29 Block-D, Moharnmadpur, Dhaka from the “Kha” list of abandoned building..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
....y in affirming the judgment and decree of the trial Court. He further submits that from the facts and circumstances of the case it appears that defendant Nos. 1 and 2 were coerced to enter into the disputed contract for sale and, as such, trial Court acted illegally in exercise of its discretion...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ..Category: Property Law | Date: | Hits: 64
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......; stating that he was a candidate of the appellant. The said candidate not having been allocated “Langol” as its symbol filed Writ Petition No. 3933 of 1999 which was summarily rejected holding the same to be the election dispute. Respondent No. 5 on 4-11-1999 filed an application be..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....thin the shops. In the course of hearing of the appeal the learned Counsel representing the appellants in Appeal No. 25 of 2000 placed before the Court a copy of draft seniority list, which is not disputed or challenged from the side of the respondent Nos. 1 and 2 in Appeal No. 25 of 2000, circu......ssuance of Organisation Order 13 of 1995 separate seniority list was in existence, that in view of the Provisions in Regulation 12 and 15 of the Regulations 1979 High Court Division was in error in holding that promotion to Pay Groups V from Pay Group IV to be made on the basis of seniority and o..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......e 135 The Jail Code, Rule 205 On the event of dismissal, removal or reduction in rank a person holding a civil post is entitled to a second show cause notice…………&hell..Category: Administrative Law | Date: | Hits: 137
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......Government petitioner seeks leave to appeal from judgment and order dated 25-6-1996 passed by a Division Bench of the High Court Division in Writ Petition No. 192 of 1991 discharging the Rule and upholding the judgment and order dated 7-1-1989 passed by the Court of Settlement in Case No. 176 of..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....ficer Lalmohan, in the first writ petition found that population census of 1991 showed 39 increase of population per year and that question o variation of population taken in the other petition is disputed question of fact which cannot be resolved ii Writ Jurisdiction and that section 21(1) of t...... 7. Moudud Ahmed, learned Advocate for the petitioners, submits that there being violation section 21(1) of Pourashava Ordinance, 1977 the learned Judges of the High Court Division fell in en in holding that the dispute regarding variation population is a disputed question of fact which cannot..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......d Examiner had increased the marks after submitting the report and marksheet. The Head Examiner by his reply dated 5.12.93 denied the allegations made by the re‑Examiner. By deliberately withholding the said reply of the Head Examiner dated 5.12.93 an adverse presumption was drawn against ..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......ing the District Delegate to act according to the provisions of section 288 of the Succession Act on a misconception of facts and law. Mr. Pal also argued that the High Court Division was wrong in holding that the District Delegate erred in its finding that the respondent had no locus standi to..Category: Property Law | Date: | Hits: 67
890889880879877875873872871869868867863860859858855854853852