Search Options
Judgment Advanced Search
Displaying 4421-4440 of 5076 results.
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....." It was in the case of M/s Khan Brs. Ltd. Vs. Govt. of Bangladesh 27 DLR 423 a Division Bench considered the definition and observed: "The defination given is not a very clear language. The legislative authority has tried first to define "abandoned property' then gave it an inclusive mea......ourt Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this aspect of the case calls for no decision inasmuch as, the moot question was whether the house in question was abandoned property. Th..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......tion sale which rather lent support to the plaintiffs' claim; and that the plaintiffs statement in their plaint in the previous suit would not operate as an estoppel. It remanded the case for a fresh decision on the point whether plot No. 215 was identical with item No.1 of Babu Khan's kabala Ext. B..Category: Property Law | Date: | Hits: 36
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......rong in holding that the admission of the plaintiff-respondent that the defendant-appellant paid rent to it for March 1973 to August 1973 did not make a case of waiver within the meaning of the decisions of the Appellate Division reported in 31 DLR 183 AD at page 190 and 33 DLR 55 AD at page..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ...... in the suit land, but dismissed the suit by holding that the plaintiffs title had been extinguished by more than twelve years' adverse possession by the defendant from Paush,1359 B.S. On appeal that decision was reversed and the suit was decreed on a finding that even if adverse possession of the d..Category: Property Law | Date: | Hits: 35
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......e question is whether such proceeding is liable to be quashed. Inherent power has been given "to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. In series of decisions of the Court and of other Courts; the scope of extent of section 561A Cr.P.C. had been det..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
.......)
Judgement
Shahabuddin Ahmed J. - This appeal by the plaintiff is directed against the High Court Division's order in revision refusing temporary injunction upon setting aside the concurrent decision of the trial court and the appellate court which had earlier granted the same. The impugned..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......The petitioner filed a Writ Petition No. 478 of 1986 challenging-the impugned order. The High Court Division summarily rejected the petition on the ground that the Government had modified the earlier decision for de-requisition of 44 decimals of land and there was no illegality in such order modifyi..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......ing the High Court Division's order dated 7 July, 1985 in Civil Revision No. 73 of 1984 refusing to interfere with a decree of the appellate court. By that decree the appellate court on reversing the decision of the trial court declared invalid the appellant's order dismissing the respondent from se..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....ispose of such property by exchange or gift, subject to certain condition and upon disposition the property shall cease to vest in the Committee (Section 10, sub-section 3). Thus for the first time a legislative change has taken place and a non-resident had also been given a right as to its property......ntendment seems to be the preservation of enemy property till conclusion of peace and the right, title and interest of the enemy was not sought to be extinguished in any way. Reliance was placed on a decision Benoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria & another 30 DLR SC 1..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......o their running cinema business will cause dislocation and greatly inconveniences them. 4. As no one appeared for the respondents the learned Counsel for the appellants fairly placed before us the decisions that seem to support his contention and the decisions that are against him. 5. In Naras..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....ared invalid. In the case of Farzand Ali v. Province of West Pakistan, PLD 1970 SC 98, a question arose whether two members of the Sind Provincial Assembly, who had cast their votes for the passing a legislative enactment, were themselves qualified to be elected and then to continue as members of th......on. As for the contention whether the writ jurisdiction could be invoked in the election disputes when the law has provided for machinery for adjudicating the same by the Election Tribunal from whose decision an appeal and revision lay before the superior Courts, I would rather reserve my opinion fo..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1...... rent for 9 months together." 7. Being aggrieved the plaintiff preferred a revisional petition and upon hearing the parties in Civil Revision No. 116 of 1982 the learned Single Judge reversed the decision of the trial court and decreed the plaintiffs suit. It was observed that "such conduct coul..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......airman of No. 6 Jhilonza Union Parishad, Cox's Bazar arises from judgment and order dated 25 August 1986 passed by the High Court Division (Circuit Bench, Chittagong) in revision upholding the decision of the Election Tribunal), confirmed in appeal, declaring the election of the petitioner ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......is a ground for interference, but misappreciation of evidence is not. A finding which is inconsistent with the evidence on record must call for interference in second appeal. Again, if a decision of the lower appellate court consists of both oral and documentary evidence but ..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ...... No. 26 (C) of 1982.) Judgment Fazle Munim CJ.-I have gone through the judgments proposed to be delivered by my learned brothers Badrul Haider Chowdhury and MH Rahman JJ; and I concur with the decision of my learned brother MH Rahman J. Badrul Haider Chowdhury J. - I regret that I could ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ...... 3 and 4 supported the plaintiff's case and that defendant Nos. 1, 3 and 6 did not come to contest that case the trial Court decreed the suit. 5. The appellate Court, however, reversed the decision of the trial Court and dismissed the suit on the following findings: that the plaintiff, e..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....s contended that a taxing statute should be construed very strictly and that in such a statute only the express 'words' will give its meaning leaving no scope for presumption or speculation about the legislative intent. Learned Counsel has placed reliance on Craies on Statute Law (7th Edition, page-......xceed Tk. 15, 000/-, the increase by 15% cannot also go beyond Tk. 2, 250/-. That is why by application of section 35A the proper court-fee has been raised to Tk. 17,250/- by the Taxing-officer whose decision has been upheld by the High Court Division. But the question is whether section 35A wil..Category: Procedural Law | Date: | Hits: 124
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....ion of the Ordinance. The word 'previous' means and refers to the point of time, in the present case, to the said date which is, of course, prior to the enactment of the repealing Act of 1974, The legislative intent, as it appears from this clause, would show that the repeal was not intended to ......he Government was not impleaded in the suit and on this ground too the decree must be held to be unenforceable against the Government. 14. The contention, as it now appears and requires our decision, is one of interpretation of the effect of the provisions of section 3 of the Act of 1974 ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......bsp; M. H. Rahman J.—I have gone through the judgments proposed to be delivered by my learned Brothers Shahabuddin Ahmed and A. T. M. Afzal, JJ; I concur with the decision of A.T.M. Afzal J. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ed by the Corporation, obviously under Article 14. But if literal interpretation of the statute leads to any absurdity or if the express words employed in it are ambiguous, the court will" seek the legislative intent to find the meaning of the statute. In other words, the "golden rule" of interpre......ondents fall within the classification of 'new entrants'. The learned Single Judge of the High Court Division on a revisional application under section 115 of the C.P.C. did not find any error in the decision of the appellate Court and as such refused to interfere therewith. 25. Mr. Asrarul Hos..Category: Employment/Service Law | Date: | Hits: 97
16851684167816751673167216701669166616651664166216611659165716561654165016491648