Search Options
Judgment Advanced Search
Displaying 4581-4600 of 4866 results.
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....osein to the question involved in this case is not for total destruction of the offences but for change of forum of trial after repeal of P.O. 50. 14. The learned Attorney General, it seems, rightly argued that even though the cases pending before the special Magistrate or the special......975 passed by the High Court Division in Criminal Revision Case No.1871 of 1974). Judgment: Ahsanuddin Choudhnry J: In this appeal by special leave the point for consideration is: Whether the G. R. Case No. 255 of 1973, pending in the Court of the Su......which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......o charge-sheet could be submitted under P. O. 50 before 9. 2. 1974, the date on which P. O. 50 stood repealed. So it was contended before the High Court Division that inasmuch as there could be no trial of the accused before the special Magistrate or special Tribunal constituted under P. O...Category: Criminal Law | Date: | Hits: 113
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
....gal injury', an expression though correct in its import, is apt to confuse. What the learned Judge meant appears to be that 'legal injury' is an injury arising from an infringement of a legal right. The expression 'legal injury' should have been avoided for a clearer expression. A party, in......Advocate-on-Record—For the Respondent No. I. Khandker Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman, Advocate— For the Respondent Nos. 2-7. Civil petition for special leave to appeal Nos. 3 and 4 of 1977. (From the Judgment and order date...... the plaintiff-petitioners. Mr. Attorney-General and Mr Khandker Mahbubuddin Ahmed have entered caveat on behalf of the Government and the lessees respectively. Both the sides have advanced a fairly lengthy argument, one supporting and the other opposing the grant of leave to appeal. ......expired on 13.4.72, and its continuation was illegal. It was further contended that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. The trial court found, that the plaintiffs had succeeded by producing a registered deed of wakf dated 1..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
..... Mohan Lal and others reported in A.I.R. 1967 S.C, 1857 that the Board as a statutory body comes within the purview of other authority under Article 12 of the Constitution of India and as such, such right can be enforced against it by a person affected." 9. Mr. Khondker has referred to Halsbu...... Vs. Mahbub Hossain Chowdhury.........................................Respondent Result: The appeal is dismisse. Judgment May 7, 1976. Cases Referred to— Tamlin vs. Hannaford 1950(i) KB 18; Vine vs. National Dock Labour Board (1957 AC 488); Barber vs. Manchester Region......mpt from the budget accounting and audit procedures applicable to government departments. These advantages are ensured in case of a public corporation as well. The usual pattern of managing the affairs of a public undertaking is to have an apex body, a governing board, for the purpose. In case o......h. Mohammad Iqbal (1963) 15 DLR (SC) 116 —PLD 1963 (SC) 179; Zainul Abedin Vs. Multan Central Co-operative Bank Ltd.; Multan, 18 DLR (SC) 462 = PLD 1966 (SC) 445 ; The Chairman, East Pakistan Industrial Development Corporation and others Vs. Rustom Ali and others, 19 DLR (SC) 186 = PLD 1966 (SC..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....under clause (h) of sub-section (4) were published on 3.10.1963. Since the last mentioned notices were published after the amendment by Ordinance III of 1965, the learned Attorney-General has rightly abandoned the point, as the governing law will be two years average in terms of the am......C. (Pak) 307; Ramchandra Datta Vs. Jogesh Chandra Datt (1873) 19 W.R. 353; National Telephone Company Limited Vs. His Majesty's Post Master General, (1913) A.C. 546 (H.L.); Secretary of State for India vs. Chelikani Rama Rao, L. R. 43 LA. 192 same case I.L.R. 39 Mad. 617 same case 20 C.W.N......Deputy Commissioner, may move the Tribunal to determine the matter; sub-clause (c) says, at the commencement of the proceeding the respective parties shall state their opinion, what the fair compensation is. Sub-section (6) says, sections 88 and 91 of the Act providing appeal shall n......such contingency determination of compensation by the Court under the Land Acquisition Act. He says, the Act except for mentioning the Court under the Land Acquisition Act, has net provided for any trial procedure or the character of the award or its enforcement, or appeal therefrom. The two..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ord—For Respondent Nos. 3, and 1. Civil Appeal No.11 of 1976 Judgment: Ahsanuddin Chowdhury J: This appeal by Special Leave is at the instance of the plaintiff and it arises out of a suit for ejectment of a monthly tenant. 2. The appellant filed a suit being Title Suit No. 157 of 1965......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......Controller was a legal and valid discharge of liability. It was further contended that the appellant did not bonafide require the premises for his own accommodation. 4. The suit was decreed by the trial court which held that the respondent-tenant was a defaulter as he had no reason to deposit the..Category: Tenancy Law | Date: | Hits: 76
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... offence under section 364 is cognate to an offence Under section 302 or a minor offence in relation to section 302, Penal Code and (ii) whether section 238 of the Criminal Procedure Code was rightly invoked in convicting the appellants under section 364/34 in the absence of any charge ther......ted 19th June, 1975 passed by the High Court Division in Criminal Appeal No. 53 of 1975) Judgment: Ahsanuddin Chowdhury J: In this appeal by special leave, the point for consideration is (i) whether an offence under section 364 is cognate to an offence Under sectio...... the hope that Jury which may hesitate to find the accused guilty of murder on such slender evidence may be induced to find against him on the lesser charge. We need hardly point out the unfairness and impropriety, to use no stronger term, of this procedure and we are determined so......ction 238 of the Criminal Procedure Code was rightly invoked in convicting the appellants under section 364/34 in the absence of any charge thereunder. 2. The appellants were placed on trial on a charge under section 302/34 of the Bangladesh Penal Code read with part IV (b) of t..Category: Criminal Law | Date: | Hits: 61
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....me the condemned prisoner fired on the front glass of the bus and that the bullet so fired hit the driver at “the anterior aspect of front of the throat” and pierced through “the right side of the throat and that thereafter hit him (PW 2) in the right side of his chest, that th...... Md. Ruhul Amin J.- This is an application for leave to appeal from jail by the condemned prisoner whose sentence of death that was awarded by......ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ...... the seizure lists prepared between 4.-00 hours and 6-10 hours of 4-3-1987 and sent the dead body to the morgue for post mortem examination at 9-45 hours of 4-3-1987. 7. At the trial charge was framed in the absence of the convict, since he was absconding and did not appear ..Category: Criminal Law | Date: | Hits: 74
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......ent Md Gholam Rabbani J.- The two appellants who are the full brothers named Nibir Chandra Chowdhury and Goutam Chandra Chowdhury were placed on trial along with their father before the Court of Additional Sessions Judge, Bogra, in Sessions Case No. 30 of 1993 on a charge of...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......994) Judgment Md Gholam Rabbani J.- The two appellants who are the full brothers named Nibir Chandra Chowdhury and Goutam Chandra Chowdhury were placed on trial along with their father before the Court of Additional Sessions Judge, Bogra, in Sessions Cas..Category: Criminal Law | Date: | Hits: 59
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
.... Judgment June 26, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found ...... The Code of Civil Procedure, 1908 (V of 1908), Order 41 rule 23 The High Court Division rightly found that the suit could not be sent back on remand for filling up lacuna. It also found that illegality has been committed in not calling for the reco......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......ing aside the judgment and decree passed by the learned Additional District Judge, 4th Court, Dhaka in Title Appeal No. 214 of 1990 allowing the appeal and sending the case back on remand for fresh trial. 2. The short fact leading to this petition is that, one Anwar Rahim as ..Category: Property Law | Date: | Hits: 74
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... Miscellaneous Appeal No. 221 of 1995 reversing the judgment and order dated 8-7-1995 passed by the Subordinate Judge. First Court, Comilla in Title Suit No. 4 of 1995 arising out of an application for temporary injunction. 2. The appellants as plaintiffs filed Title Suit No......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ...... of injunction to pay the said amount to defendant No. 1. After filing the aforesaid suit the plaintiffs filed a petition under Order 39 rule 1 and section 151 of the Code of Civil a Procedure. The trial Court granted ad interim injunction and after hearing the parties restrained the defendant-ba..Category: Civil Law | Date: | Hits: 112
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....respondent filed Title Suit No.3 of 1999 under section 20(2) and 21 of the Trade Marks Act, 1940 in the Court of the learned District Judge, Kishoreganj for declaration of title on the proprietary right relating to the Trade Mark “ghori” for washing soap and for permanent injunction ......cord—For the Petitioner M Shafique Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 221 of (From the Judgment and Order dated 29-06-2000 p......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ...... The Code of Civil Procedure 1908 (V of 1908), Order XXXIX, Rule 1 Whatever the High Court Division has observed will have no binding affect on the trial Court while disposing of the suit on merit as these were made while disposing of the interlo..Category: Intellectual Property Law | Date: | Hits: 224
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....s found on the dead body it was found in the inquest report that blood was coming out from the nostril of Asia and there was ‘bluish accomysis’ below the neck and there was wound on the right side of the shoulder and therefore it could not be said that Asia committed suicide by taking......sp; Judgment January 30, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Section 154 Filing of the first information report by the informant disclosing the death due to poisoning subsequently finding the d......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ......eld autopsy of the dead body on 1 8-4-90. After investigation police submitted charge sheet against accused petitioner Abdul Khaleque and his brother Abdul Barek along with 9 others on 20-1-91. The trial Court after considering the facts and circumstances found the accused petitioner Abdul ..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ...... Sk Afzalur Rahman, Advocate instructed by Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented- The Respondent. Criminal Petition for Leave to Appeal No. 252 of 2000. (From the judgment and order dated 23-10-......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ......ment February 5, 2001. The Code of Criminal Procedure, 1898 (V of 1898), Sections 234 & 561A Holding of trial of the offences in the special court and ordinary court can not be considered beyond the law ..Category: Criminal Law | Date: | Hits: 65
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......) Rules, 1983, Rules 39(4) Where the contesting candidates or their agents are not present the presiding officer is not debarred from counting of votes and prepare statement in form “K” and such preparation of the statement without signature of the candidate or hi......ted in 41 DLR (AD) 68 this Division has observed- “Reading the entire law and the rules we have come to this conclusion that the real and larger issue is completion of free and fair election with rigorous promptitude. Hence, election being a long, elaborate and complicated p......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..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.
......
Result:
The petition is rejected.
The Constitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to adduce evidence.
Lawyers Involved:
Ro......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.
......lt:
The petition is rejected.
The Constitution of Bangladesh, 1972, Article 103
The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to adduce evidence.
Lawyers Involved:
Rokanuddin ..
Category: Civil Law | Date: | Hits: 109
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... The Companies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. The High Court Division passing t......or the protection of the interest of the minority share holders. The High Court Division passing the order directing the respondent company to take necessary action to conduct the company’s affairs in the manner prescribed in the articles of association, committed no illegality by passing ...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ...... Amendment allowed as per direction of the appellate court in order to prove shalish-nama which was the basis of the plaintiffs claim has been done in accordance with law and calls for no interference. Lawyers Involved: MA Jalil, Adv......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ...... which was eventually decreed on 30-1-1986. Thereafter in Title Appeal No. 50 of 1986 the learned Additional District Judge set aside the judgment and decree and sent the case back on remand to the trial Court with a direction for taking fresh evidence in order to prove “Salishnama” w..Category: Procedural Law | Date: | Hits: 82
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
....d in Order VI rule 17 of the Code of Civil Procedure the learned Judge of the High Court Division in exercise of his revisional jurisdiction under section 115(1) of the Code of Civil Procedure has rightly set aside the order of the trial Court. 8. It is already noted that in...... The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Though amendment of the pleadings of the parties can be allowed at any stage of the proceedings which may be necessary for determination of the real question of controversy between the parties the same cannot be allowe...... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......om 512 square feet to 1320 square feet and to change the sketch map for showing the encroached area to be 0.03 acres in place of 0.011/4 acres. Rejecting the objection raised by the defendant, the trial Court allowed the amendment. Accordingly, the valuation of the suit was also raised from Taka..Category: Property Law | Date: | Hits: 58
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....bmits that Bangladesh Bank by the impugned orders passed under section 46 of the Bank Companies Act, 1991 only asked the writ petitioner to show cause and this issuance of show cause is a statutory right of the petitioner. It is contended that if satisfied with the explanation Bangladesh Bank may......Senior Advocate with him), instructed by Ataur Rahman Khan, Advocate Record—For the Respondent. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 245 of 2001. (From the judgment and order dated 18-1-...... where Bangladesh Bank is satisfied that it is necessary to remove the Chairman, Director or Chief Executive by whatever name called, of a Banking company in the public interest or to prevent the affairs of a Banking company being conducted in a manner detrimental to the interest of its deposito......cellaneous Appeal No. 224 of 1999 before the learned District Judge, Dhaka who by order dated 14-9-1999 admitted the appeal and stayed operation of the ad interim order of injunction passed by the trial Court. Thereafter Akhteruzzaman Chowdhury filed Civil Revision No. 3118 of 1999 before the Hi..Category: Business or Commercial Law | Date: | Hits: 131
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. ...... The Code of Civil Procedure 1908 (V of 1908), Order XXI rule 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 holdi...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ......e of the judgment debtors by this Division to consider the question whether a petition under Order 21 rule 32 of the Code was maintainable. The appeal was allowed and the case was sent back to the trial Court to give an opportunity to the parties to prove that the defendants judgment-debtors had..Category: Property Law | Date: | Hits: 57
912910909906905904903902899898894893892890889884883879878877