Search Options
Judgment Advanced Search
Displaying 4041-4060 of 4866 results.
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....e find that there are sufficient evidence on record to link the accused persons in the commission of dacoity. In that view of the matter, we are of the view; the learned Additional Sessions Judge has rightly found the accused persons guilty of the charge beyond all reasonable doubt". 17. The High......f 2002 (heard with Criminal Appeal No. 2990 of 2002 filed by Wahed Khan alias Wahed and Abdus Salam Mollah, and the Jail Appeal Nos. 490 of 2002 and 493 of 2002 filed by Rabiul Mollah). 2. By the aforesaid judgment the High Court Division rejected the Death Reference and allowed the appeals in pa......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ...... Code and thereupon sentence of death was passed in respect of the said convicts. 3. The High Court Division by the same judgment also commuted the sentence of imprisonment for life passed by the trial Court as regard Rabiul Molla (Rabiul), Wahed Khan and Abdus Salam Molla to 10 years rigorous i..Category: Criminal Law | Date: | Hits: 63
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......cted by Md Aftab Hossain, Advocate-on-Record—For the Petitioner Golam Arshed, Advocate, instructed by Abu Siddique, Advocate-on-Record—For the Respondents. Civil Petitions for Leave to Appeal No. 540 of 2007. (From the Judgment and Order dated March 18, 2007 pass......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......under Order VII, rule 11 read with section 151 of the Code of Civil Procedure and also filed an application under Order XXXIX (4), CPC for vacating the order of ad-interim injunction. 4. The trial Court by the order dated August 3, 2006 rejected the petition and stayed further proceedings..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....2.76 is obviously barred by limitation, Mr. Hossain submits. 8. Mr. Abdus Salam Khan, learned Counsel for the respondents, submits, on the other hand, that it is well-established by now that the right of preemption accrues on not the date of execution or presentation of the deed for registr......egistration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the date on which the deed of sale is registered and the title effectively pass...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......of 1976 for pre-emption under section 96 of the State Acquisition and Tenancy Act in the 6th Court of Munsif, Dhaka, resisted by the pre-emptee appellant on the ground, inter alia, of limitation. The trial Court allowed pre-emption, but the lower appellate Court refused pre-emption. Both the Courts ..Category: Procedural Law | Date: | Hits: 119
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ...... as concurrent, even then the plaintiff failed to prove that the defendant tarnished the image of the cinema hall by supplying bad food to its customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: Khandakar Mahbubudd......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......efendant-Respondent Judgment December 6, 1989. Result: The appeal is dismissed. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(1)(e) Words & Phrases. The trial court decreed the suit on the ground of bona fide requirements however the appellate court uph..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......lt: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......Respondents. Judgment December 5, 1989. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 34 (1), (2) Upon reference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was all..Category: Civil Law | Date: | Hits: 113
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
.... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ....... Judgment Badrul Haider Chowdhury J.- Appellant had been convicted under section 5(2) of Act II of 1947 read with section 409 of the Penal Code and sentenced to suffer rigorous imprisonment for 3 (three) months and to pay fine of Tk. 3,000/- in default to suffer R.I. for one month. Alleg......e the discrepancy in the prosecution case is apparent on the face of the record so no conviction can be sustained. 7. Mr. B. Hossain, the learned Deputy Attorney-General appearing for the State fairly placed the evidence as and the prosecution case as it is and submitted that it is for the......s further stated that Lutfor Rahman and Abdur Rahman, two employees of the office of the Sub-Divisional Officer, Bogra, lifted 10 bags of milk powder by means of false personation using his name. The trial Court, however, convicted the appellant. 3. The learned Counsel appearing for the appel..Category: Anti-Corruption Laws | Date: | Hits: 125
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....so far as public notice was concerned, it was never an issue nor held by them that there was any doubt as to service of the public notice. The opinion of the Ministers and other officials have been rightly discarded by the High Court Division as the fact remains that the government ultimately ......wer appellate Court. 2. The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. Plaintiff-respondents' 6.4650 acres of land had also been acquired and incl......personal notice may be necessary but the public notice which concerns many other people which has already been served does not need to be served afresh even though the fresh personal notice is served fairly tong after the public notice. If it were not so and a fresh public notice were necessary as......e learned Additional District Judge, by judgment and decree dated 20.6.87 reversed the aforesaid decision and decreed the suit in terms of prayer (b)(c) and (d). As to prayer (a) he agreed with the trial Court that it was unnecessary and held further that it was also barred by res judicata. The le..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....n, husband of the appellant. In view of the order of attachment the appellant had to vacate the said house and thereafter an investigation was made at the instance of the appellant with regard to the right title, interest and possession of the said house. The Ministry of Home Affairs, Government of ......e Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without......ad to vacate the said house and thereafter an investigation was made at the instance of the appellant with regard to the right title, interest and possession of the said house. The Ministry of Home Affairs, Government of Bangladesh, The respondent No. 3 by memo dated 9.10.1975 released the said prop......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....tion which the appellants opposed and such conduct of the appellants signifies their intention to achieve something indirectly, that is frustrating the very pre-emption proceeding. The learned Munsif rightly granted the prayer and the High Court Division holding the same view. ……….……..(5) ..........Respondents Judgment March 12, 1989. Result: The appeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951), section 96(3)(b) The pre-emptor respondent prayed for leave to deposit the balance consideration money with statutory compensation which the appellant......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......the pre-empted land would come to Tk. 8,680/- and since the deposit is short the application for pre-emption must fail. 3. It appears that on 16.11.83 the pre-emptor made an application before the trial Court for leave to deposit the balance consideration money with statutory compensation. This..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....owed to be destroyed or disturbed. In this view of the matter judicial intervention is not required when the administration takes preventive, remedial and curative measures. Prayer for injunction was rightly rejected……………….(16) Cases Referred to- AIR 1988 (SC) 2211; AIR 1987 (SC) 3......……………….......................Petitioners Vs Messers Business Resources Ltd. & others...................Respondents Judgment March 29, 1989. Result: The petition for special leave is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rul......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... অনুমতিকে সরকারের অনুমতি হিসাবে গণ্য করা যাইতে পারে।” As for the demolishing of the Science Building the trial Court accepted the contention of the defendants "উহা একটি জীর্ণ ও ..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
.... other capacity which may be attributed to him, obviously enough, such jurisdiction means and refers to the jurisdiction he exercises while silting as a Court." 6. An election dispute, relating to right to office, is no doubt civil in nature and the procedure laid down in Rules 47 and 48 for th......her. In both the appeals the appellant was elected as the Chairman of a Union Parishad. His opponent's election petition being allowed by the Election Tribunal, the appellant preferred appeal before the District Judge. By different orders the District Judge transferred each of the appeals to t......onsidered by itself." For the later statute to become relevant, there must be something "obscure or ambiguous, or readily capable of more than one interpretation" in the earlier one, some "phrase fairly and equally open to diverse meanings:—Ormond Investment Co. V. Betts [1928] A.C. 143, per......o the jurisdiction he exercises while silting as a Court." 6. An election dispute, relating to right to office, is no doubt civil in nature and the procedure laid down in Rules 47 and 48 for the trial of such disputes is the same as that of an Ordinary Civil Court. After considering these rul..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....he impugned order dated 11 December 1986 allowed the application without giving the appellants any chance to oppose the same. 2. Leave was granted to consider whether the High Court Division was right in passing the final order without issuing any rule giving opportunity to the appellants to re......endant Respondent Judgment April 16, 1989. The Code of Civil Procedure, 1908 (v of 1908), Order XXXIX, rule 7 Local Inspection The matter of possession can be determined on evidence before the court but not on local inspection. "Local inspection' connotes only visual perception and n......ade; vide A.H. Chowdhury Vs. M. Hossain & ors BCR 1984 (AD) 532. In another case of Abu Ahmed A. Hafiz & ors Vs. M.A. Hoque Shirajee 1983 BLD (AD) 193 such order has been termed as illegal, unfair, unjust and improper and strong disapproval was recorded for disposal of revisional application......ourt Division having found substance in the contention deleted only those portions from the points referred to for local inspection. 4. It, however, appears from the copy of the order sheet of the trial court that the report of the Advocate Commissioner was already before the Court on 30.11.86 wh..Category: Procedural Law | Date: | Hits: 94
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......l leave is directed against the judgment and order passed by the High Court Division in First Appeal No. 40 of 1965. 2. The plaintiff-Respondent filed a title suit being Title Suit No.35 of 1962 for a declaration that the order of his compulsory retirement passed by the Commissioner of Income T......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......e 29,1959 was illegal and without jurisdiction alleging, inter alia, that the Commissioner of Income Tax, East Pakistan was not the competent authority to order his compulsory retirement. 3. The trial Court found that the order of compulsory retirement was, in view of the amendment of section..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....not barred by limitation was correct or not. Mr. S.R. Pal has submitted that the said view is entirely misconceived. Mr. Pal, however, conceded that the learned Judge of the High Court Division was right in holding that Article 113 of the Limitation Act shall govern the present case and not Articl.........................Respondents Judgment. June 5, 1989. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), section 13 and Article 113 No date having been fixed for performance of the contract, the second part of column 3 of Article 113 will apply to the case i......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ...... failed to prove his own case. Accordingly the suit was dismissed by judgment and decree dated 19.9.75. On appeal by the plaintiff, the learned Subordinate Judge, Pabna agreed with the finding of the trial Court as to limitation but reversed the other finding on merit holding that the plaintiff ..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....arch 22, 1989. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), section 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be e......ismissed. The Code of Criminal Procedure, 1898 (V of 1898), section 561A The Penal Code, 1860 (XLV of 1860), sections 436 & 148 Mere plea of right of private defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who ta......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......cessary to determine the issue. The appellants have of course produced an order of temporary injunction against the complainant's party; this must be considered along with other evidence during the trial. Their application for quashing the proceedings is found to have been rightly refused by the H..Category: Criminal Law | Date: | Hits: 39
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......55 (FM) of 1985). Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider the question whether the High Court Division was correct in holding that a pass book issued by the C.C.I.E. for opening the letter of credit is a security and whether the Banker has got lien over such securit......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......alization of Tk. 94,64,543.32 paisa. The suits are pending. The plaintiff-petitioner filed an application for mandatory injunction for return of the pass book deposited with the defendant bank. The trial Court allowed the application for mandatory injunction in modified form and directed the Bank ..Category: Banking Law | Date: | Hits: 99
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
.... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... Vs Sreemati Sundari Kapali and others............................Defendants-Respondents Judgment June 6, 1989. Result: The petition is dismissed. The Hindu Law Dedication for religious or charitable purposes, includes dedication to hospital, university and other educatio...... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ......petitioner is a reversioner under the Hindu Law. His suit challenging the alienation by a widow of the property left by her late husband has been dismissed by the appellate Court on setting aside the trial Court's judgment. The High Court Division in revision did not interfere with the appellate C..Category: Family Law | Date: | Hits: 157
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ...... Judgment April 16, 1989. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 11, Explanation IV The High Court Division found that the earlier suit for declaration of title failed not primarily because it was not by the proviso to section 42 of the...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......t. Their case was that they took lease from the Government and the Government collected the price of borga crops of the suit land ever since they were inducted into possession of the suit land. The trial Court considered the evidence and noted the admission of the plaintiffs that the defendants ..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....in question. 5. But leave has been obtained on a technical point alleging error and incompleteness in the order passed by the High Court Division. It is this "that the plaintiff having acquired no right, title and interest in the demarcated '0464 acre of C. S. Plot No. 16, '0875 acre of C. S. P......l Procedure, 1908 (v of 1908), Order XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation of plaintiff’s share out of S.A. plot No. 1162 will be done by the a......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......e suit by judgment and decree dated 23.6.79. On appeal by the defendant-appellants, the High Court Division, Dhaka by the impugned Judgment and decree dated 22 March 1984 modified the decree of the trial Court by holding that "the plaintiff do get a saham of .1062-1/2 acre of land out of "A" sched..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....n application under section 4 of the Partition Act. The defendant's claim of continuous possession since purchase would be of no consequence. Unless there is a partition by, ”mets and bounds” the right of application under section 4 of the Partition Act subsists.………………….(11) Whe......ection 4 The suit property never lost its character of an undivided homestead because there had admittedly been no partition by metes and bounds by any previous arrangement. There is no time limit for filing an application under section 4 of the Partition Act. The defendant's claim of continuous ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......hat the plaintiffs' claim was excessive and section 4 of the Partition Act was not applicable in this case. 4. The suit was once decreed on contest but on appeal the matter was remanded to the trial Court. Thereafter the suit was again decreed by the trial Court. The trial Court found that de..Category: Property Law | Date: | Hits: 45
20052004200320011997199519921990198819861985198219801979197819771976197519741973