Search Options
Judgment Advanced Search
Displaying 441-460 of 978 results.
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....rts below, to the acceptance of the story of settlement as sought to be made out by the plaintiffs, was the character of Mainuddin's interest as recorded in Khatian No.83 of mouza Rajarbagh and the complete absence of any pleading as to how the said interest was extinguished. Both of the said Cou......ing the old age of Mainuddin, and after his death, during the minority of Defendants No.2 and 3, had all along been in possession of the disputed land through the plaintiffs and their predecessors as bargadars. 4. The learned Subordinate Judge dismissed the suit on holding on a consideration of ..Category: Property Law | Date: | Hits: 97
....ity decision of the Tribunal is not legal and binding upon the parties in view of the fact that one of the Arbitrators, namely, Mr. M Amirul Islam (hereinafter referred to as the 3rd Arbitrator), was completely left out of the process of consultation before finalising and making the Award. Mr. Hossa......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....charge definitely occasioned failure of justice. 6. It appears that the occurrence took place on 22-9-84 and the accused was produced before the Court on 22-9-84 and thereafter it took one year to complete the trial. The appeal took about two months for disposal and thereafter the accused moved t......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...Category: Criminal Law | Date: | Hits: 58
....ontesting opposite party came to a clear finding that notice of the impugned sale was duly served upon Abul Hossain, father of the pre-emptor-petitioners and the petitioners and their father have had complete knowledge about the disputed sale and as such this pre-emption application filed after 8 ye......eme Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Gour Gopal Saha J
Habibur Rahman alias Md. Habibur Rahman and another…………………Petitioners
Vs.
Mobarak Ali Rari and others……………………Opposite Parties
Judgment
November 5, 1997.
..
Category: Property Law | Date: | Hits: 78
....t to the Government Acquired Estate and on such findings recommended the realise of the suit property from the list of the vested property, the learned Court of appeal below evidently erred in law in completely ignoring these pieces of material evidence convincingly proving the plaintiffs case and t......n albeit under protest and lost no time in coming to the Court for vindication of his grievance. Under such circumstances the learned Courts below erred in law in holding that the plaintiffs claim is barred by estoppel.
14. In this connection we may profitably refer to the principle which is inco..
Category: Property Law | Date: | Hits: 111
....t at Rajshahi and Chittagong and for that, 43 acres of land have been purchased at Rajshahi and 1.96 acres of land have been purchased at Chittagong. Construction of Chittagong campus building is now complete. The construction work has begun at Rajshahi. Therefore, the petitioner established the app...... and Science and another…….Respondents
Judgment
January 12, 2012.
Result:
The leave petition is disposed of.
Lawyers Involved:
A. B. M. Bayzid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners.
Mahmudul Islam, Senior Advocate instructed by..
Category: Others | Date: | Hits: 197
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....ction or abuse their power vested in them by the Code. Sub-section (4) is also not consistent with what has been provided in sub-section (2) of section 439 A, inasmuch as the former purports to put a complete bar against entertainment of any proceeding in revision with respect to an order made by ......er the appellants moved the High Court Division under section 439 Cr.P.C. The learned Judge of the High Court Division who heard the matter held that the appellants' application under section 439 was barred by the provisions of section 439A of the Code of Criminal Procedure and therefore, discharg..Category: Others | Date: | Hits: 135
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....onclusion of trial, learned Subordinate Judge decreed the suit by judgment and decree dated 11.5.1982 with findings that the suit was well within time; that the plaintiff had been trying althrough to complete the deal and made demands by serving several legal notices; that the story of ‘shalish’...... a written statement, but did not contest the suit. 5. On the aforesaid pleadings the trial Court framed issues, namely, whether the suit was maintainable in its present form; whether the suit was barred by limitation; whether the sale agreement dated 8.9.1976 was a genuine document and if so whe..Category: Property Law | Date: | Hits: 99
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....egard. 4. On 7.3.1991 the respondent herein suddenly fell ill and applied for leave on medical ground. The petitioner was allowed two days' casual leave. As per advice of the Doctor he had to take complete bed rest for few weeks and he had undergone medical treatment. Upon recovery he filed an ap......ent herein preferred Appellate Tribunal Case No.100 of 1996 on 24.6.1996 before the Administrative Tribunal, Dhaka which was disallowed not on merit but on the ground that the Departmental Appeal was barred by limitation and as such the case was not maintainable, albeit the learned Member of the App..Category: Administrative Law | Date: | Hits: 240
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....or some facts inconformity with earlier statements or that they have been made bona fide for the purpose of determining the real question in controversy, The introduction of a new story and new facts completely ignoring the admissions made in the written-Statement can in no way be said to be neces......hat both the defendant Nos.1 and 2 in their written statements denied the plaintiff's claim of ejmali nature of the disputed property. The defendant No.1, it is contended, in the premises, is debarred form raising objection against the proposed amendment that the petrol pump is their ejmali pr..Category: Civil Law | Date: | Hits: 86
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....e pre-emption case, on 24-6-1999 tiled an application to transpose him as co-pre-emptor claiming as co-sharer by inheritance. The said application was rejected as barred by limitation as well as an incomplete application. Again on 7-7-1999 he tiled a complete appellation under section 96(4) of the A......d the Miscellaneous Appeal No.60 of 2001 and dismissed other two appeals holding that the application for transposition as cc-pre-emptor tiled by the opposite party No.23 of-the pre-emption case, was barred by limitation. 8. Feeling aggrieved, the co-pre-emptor preferred the instant applications ..Category: Administrative Law | Date: | Hits: 230
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
.... decide all questions, whether of title, priority, or of any nature whatsoever which may arise in the bankruptcy proceeding or which the Court may deem fit, expedient or necessary to decide for doing complete justice or making a complete distribution of the property. The power, given under the secti......hort, the Rules. 9. Fourthly, it was submitted that as the claim of the petitioner was based upon an agreement containing an arbitration clause and in view of such arbitration clause, the suit was barred under or by the Arbitration Act, 2001. 10. Lastly, it is submitted that the writ petition ..Category: Others | Date: | Hits: 185
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....e date of payment or other earlier date. Thus it appears to us that as regards interest from the dale of the suit however the position is different and the matter is covered by Section 34 which gives complete discretion to the Court to sward pendente lite interest. In the present case the trial Co......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
....As such the inquiry proceeding did not come to a close and therefore the petitioner-corporation was well within its jurisdiction to continue the order of suspension till the proceeding comes to a complete close.
12. It is admitted that the respondent No.2 was proceeded against on a charge of ......rder as aforesaid.
9. Thereafter the petitioner-corporation obtained the present Rule.
Mr. Md. Nurul Huque learned Advocate for the petitioner-corporation, submits that the complaint case was barred by limitation and the Labour Court was obviously outside its jurisdiction to entertain the sa..
Category: Labour and Industrial Law | Date: | Hits: 166
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....tely, accepted the tender of the plaintiff at 3% above the estimated cost and said defendant No. 16 issued the work order by his memo dated 15‑10‑88. In the work order, the plaintiff was asked to complete the work from 16-10‑88 to 15‑4‑89. As there was delay in getting a site, the plaint......ul Hoque, duty signed it. Signature of the Accountant also appeared at page 132. 22. At page 94 of the measurement book measurement of the work was written, the work was in respect of grills, flat bar, mosaic, sanitary, etc. Item 2 (non-tender works) was about supply of MS grills for windows, etc..Category: Civil Law | Date: | Hits: 99
Babul Vs. State, 2002, 31 CLC (HCD)
....esses in seizure list. Out of four seizure list witnesses only PW 2 had been placed by prosecution in witness box in support of case of recovery and seizure of weapons of offence and PW 2 had given a complete go-bye to prosecution case. Of course, he had been declared as hostile and cross-examined b......ub-Inspector of Police Sunil Kumar Sen and Constables PWs 3, 4 and 5 proceeded towards the house of Ahad Ali, father of convict-appellant. Convict-appellant disclosed that he had one country made one barrel gun, 11 live cartridges and two Ramdaos and one Dao and brought out weapons of crime from his..Category: Criminal Law | Date: | Hits: 84
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....t abundantly clear that no suit or application challenging any order passed or any action taken in the acquisition proceeding under the Ordinance would be maintainable. In this respect, the ouster is complete. But such provision of ouster cannot be read to say that general jurisdiction of a Civil Co......13‑7‑2000 defendant Nos. 6 to 8 made an application under Order VII rule 11 read with section 151 of the Code of Civil Procedure for rejection of the plaint mainly on the ground that the suit was barred under sections 28, 43 and 44 of the Acquisition and Requisition of Immovable Property Ordinan..Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....as of the following view: "For the reasons we have given we think the logical consequence of the doctrine of surrender, which means a self-effacement of the widow and amounts to a civil death and complete extinguishment of the title of the widow in her husband's estate, is that all prior alienat......constrained to institute the suit. 5. Defendant No.1 contested the suit by filing a written statement denying the case of the plaintiffs. His case, in brief, is that the claim of the plaintiffs is barred by the principles of res judicata, acquiescence and waiver. The suit is also barred by limita..Category: Property Law | Date: | Hits: 64
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ted on the question of rape. Mazeda clearly stated in her evidence that she put up strong resistance to the accused and struggled all the while. We find no evidence on record to find that the accused completely overpowered her by physical assaults or instant threat of life to neutralize her power of......ort has been marked Exhibit 1/2. In cross-examination she stated that accused Abdur Razzaque unleashed tier pajama before committing rape on her. She stated that Nurul Islam, Saidul, Rahim, Sadul, Jabbar, Momin and Kashem are their neighbours. She stated that the accused committed rape on her for ab..Category: Criminal Law | Date: | Hits: 94
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....e programme is very important for the developmental work and the same will have far reaching effect in the developmental programme of Bangladesh. ‘Compartmentalization Pilot Project, ‘CPP’, has completed an elaborate Environmental Impact Assessment, shortly ‘EIA’. ‘EIA’ for ‘CPP’ s......ng that the petitioner has locus standi to file and maintain the writ petition. 4. In Writ Petition No.1576 of 1994, the petitioner is Sekandar Ali Mondol, a farmer, living in the village of Khaladbari under Police Station Tangail Sadar in the District of Tangail for generations and owns small pi..Category: Environmental Law | Date: | Hits: 1051
68806863684568436841683468206618659765926332631863056301629162845956594058505823