Search Options
Judgment Advanced Search
Displaying 4181-4200 of 4590 results.
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....shad and retention of the remaining powers and functions with Government. Government would retain the direct responsibility for "regulatory functions" including police, magistracy, civil and criminal justice, while the Thana Parishad would administer the "transferred subjects" including development,...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......sued. Ext. 5, an information sheet issued from the District Judge's record room containing the information that as per index no such case appears to have been filed in Court, was the only material document upon which the learned Special Judge placed reliance for holding that there was no such ca..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r pending for disposal in appeal his conviction is not sustainable in law. It is asserted that there is nothing in the report that can be said to tend or calculated to interfere with the course of justice either by prejudicing a fair trial or the mind of the public against the persons as parties......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....nts filed two separate writ petitions (Writ Petition No. 868 and Writ Petition No. 1560 of 1991) challenging the order of punishment dated 31 December 1990 on the ground that the principle of natural justice was violated in their case as they were not given any opportunity to be heard and to defend ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......the arbitration proceedings and announced his award on 20.5.89. It was an exhaustive proceeding in which statement of claim and written objection were filed, witnesses were examined and a plethora of documents were submitted by both sides. 17. The Arbitrator of the 87th meeting of P & D C..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... a decision was taken not to mutate the said plot in the name of the appellant on the ground that mutation was stayed on receipt of a complaint on 5.10.86. After having served a notice of demand of justice the appellant obtained a Rule Nisi in the writ petition on the aforesaid facts and submiss......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....trenuously argued that in view of the proved facts and circumstances S. 34 is clearly applicable and that the contrary view taken by the learned Judges is palpably erroneous causing miscarriage of justice. He has next argued that exclusion of accused Mantu from the criminal act merely on a sligh......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....filed the application for substitution under Order 22 rule 3(1) of the Code and the learned SCC Judge also treated the application as such, although while allowing it, he did so 'in the interest of justice. 5. With regard to the second point, this Court in the afforested case reported in 44 DLR......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..Category: Tenancy Law | Date: | Hits: 90
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... of his friend Swapan Kumar Dafadar out of his own fund and for his own benefit by kabala dated 13.4.62 and that on his request Swapan Kumar executed the deed of release on 13 A.74 and as such this document is not a document of transfer and consequently the application for pre‑emption is no..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....d the questions raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were not followed and the principle of natural justice was also not followed in his case by giving him sufficient Opportunity to defend himself. ......nager, Delwar Hossain. The enquiry was held in presence of the appellant and about a dozen officers and employees connected with jute purchase matters. The Committee examined all connected papers, documents and registers at different places including Kamarkhali Ferryghat and submitted its report..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ber of known persons (such as eighteen, as is the case before us), are alleged to have participated and the Court acts on the principle that it is better to err on the side of safety, so that no injustice is done to a possibly wrongly implicated accused, and benefit of doubt is reaped by a large......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....section 115 CPC…… But the present position of section 115 has undergone a radical change. The question of jurisdiction is not being replaced by error of law occasioning failure of justice...........” 3. Mr. Hasan Arif, learned Deputy Attorney General appear......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....on stage in a proper case and the minimum that is required to be found in such a case is that the presence of such a party is necessary within the meaning of Order 1 rule 10(2) CPC or for the ends of justice............(8) Lawyers Involved: TH Khan, Senior Advocate, (SK Sinha, Advocate with hi......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....ngle Judge of the High Court Division misdirected himself in failing to appreciate correctly the legal and factual aspects of the matter and thereby fell into an error of law occasioning a failure of justice. 4. It appears from the order dated 27.12.88 passed by the Assistant Judge, Chaunarughat ...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....n the same case, the Court may, by order in the suit in which the decree has been made and not complied with, rescind the contract, either so far as regards the party in default, or altogether as the justice of the case may require." 11. The only provision under which Rajeshwar could have filed t......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....nsidering an application for rejection of a plaint the specific provision under Order VII, rule 11 should ordinarily be followed. A resort to section 151 of the Code may be made in the interest of justice only in an exceptional case where the suit is foredoomed, and if it is allowed to be procee......Hungarian origin as per specifications. After accepting the offer the plaintiff opened on 12th March, 1982 a Letter of Credit with Rupali Bank, Dilkusha Branch, Dhaka. The defendant by submitting documents against the Letter of Credit received the money from the corresponding Bank, Sonali Bank,..Category: Business or Commercial Law | Date: | Hits: 124
.... seeks the mercy of the Court.
14. Having considered all aspects of the matter, particularly the fact that the appellant has all along been seeking the mercy of the court, we feel that the ends of justice will be sufficiently met if the unconditional apology of the appellant is accepted and the s......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......nd as per the agreement for reconveyance to which the plaintiff agreed and the agreement of reconveyance was written. But fraudulently defendant No. 1 in collusion with the scribe entered into the document another 1.00 acre of land i.e. 0.30 acres in Dag No. 343 and 0.70 acres in Dag No. 720 of ..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......others, namely Dulal Chandra Karmaker, Sankar Lal Karmaker and Kala Chand Karmaker are tenants under the plaintiffs in respect of the said land. The defendant-appellant has created some fraudulent documents of pattan in respect of the portion occupied by him and has obtained a compromise decree ..Category: Property Law | Date: | Hits: 67
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
....vidence as to the recognition of the respondent No. 1 Ali Mollah, particularly that of PWs 1 and 3, as can be said to have resulted in a wrong acquittal of the said respondent causing a failure of justice. 2. The informant Abdul Hamid Mollah and respondent No. 1 Ali Mollah are cousins and......of the accused who had allegedly entered into the hut. Although PWs 2 and 3 the alleged victims were said to have been admitted in the Pangu and PG Hospital respectively for treatment, there was no documentary evidence on that behalf. The learned Judges noticed that these and another facts on rec..Category: Criminal Law | Date: | Hits: 51
10531051105010491048104710461045104010391038103710351034103210301029102710261024