Search Options
Judgment Advanced Search
Displaying 4761-4780 of 5707 results.
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....a fide arbitrary, having nothing to do with any, administrative necessity or convenience and this order is in fact one of reduction in rank, status and salary and other amenities too without any reason or jurisdiction whatsoever and that the respondent has not been given any opportunity of being h......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......jurisdiction whatsoever and that the respondent has not been given any opportunity of being heard or showing cause before issuance of such order of reversion which is rather punishment without a fair trial and arbitrarily he was condemned unheard. 3. The appellant submitted affidavit-in-oppositi......Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....show that the appellant were about to remove the lighterage front the jurisdiction of the Court at Chittagong with an object to obstruct or delay the execution of the decree that might be passed, and so there could be no order of attachment before judgment under the provisions of Order 38, rule 5 of......bject is to obstruct or delay the execution of any decree that might be passed against him. The party imputing the motive on the defendant must be ready with the evidence to satisfy the Court, if called upon to do so. Vague or general allegations without any material are insufficient to invoke......ve not been disclosed. It appears that the chemical report required under the terms of negotiation was not before the Court at the hearing of the petition. The record shows that at one stage in the trial Court, a petition was filed by the Respondent asking the Court to record the fact that the law......d in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....st the judgment of a Bench of the High Court in a miscellaneous case arising out of an application under section 96 of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, ...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......No.3 and 4 contested the miscellaneous case on the ground that the appellant is not a co-sharer in the holding and the notice served upon him would not operate as an estoppel against them. 4. The trial court found that the appellant is not a co-sharer in holding and the service of notice on th......23...Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....trial Court held that subsequent registration of the Kabala during the pendency of the application cured the prematurely which was reverted by the First Appellate Court and the High Court and the soundness of this decision is in question. As to the standing of the pre-emptor and the competen...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......d in this appeal is whether the pre-emption petition filed under section 96 of the State Acquisition and Tenancy Act earlier to the registration of the sale deed under pre-emption is competent. The trial Court held that subsequent registration of the Kabala during the pendency of the application......t Appellate Division (Civil) Present: Kemaluddin Hossain CJ KM Sobhan J Badrul Haider Chowdhury J Abdur Rahman @ Abdul Rahman..............Appellant Vs. Maklis Ali and another..............Respondents Judgment December 6, 1978. Result: The appeal is..Category: Property Law | Date: | Hits: 34
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....f 1977 was preferred by the complainant Aijuddin Matbar and Criminal Appeal No.9 of 1976 was preferred by the State. 2. Briefly stated, Abdur Rashid Khandker, a blind man being accompanied by his son Riton, P.W.7 was returning home from Habiganj ‘hat’ in the afternoon of January 11, 1973. He......hen she arrived there, whether the accused persons were coming up from the Bhangon of the river does not go to disprove what she positively saw on her arrival at the place of occurrence after Riton called them from home. 20. It thus appears that what has been stated by P.Ws.2, 3, and 4 regardi......, Faridpur convicting the respondents under section 302/34 of the Penal Code and sentencing the respondent No.1, Fagu Matbar to death and the respondents No.2 to 7 to transportation for life. The trial Judge made the reference for confirmation of the sentence of death passed on Fagu Matbar, Re......ers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-R..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....der of the High Court Division dated 5-4-1976 in F.M.A. 96 of 1974) Judgment Ruhul Islam J.- This appeal by special leave arise out of the Judgment dated 5th April, 1976 of the High Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the app......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......excepting three plots the petitioner had no land contiguous to any other plot, then certainly he cannot be hit by the rule of partial pre-emption. With these observations the case was remanded to the trial court. The above noted decision, in our opinion, cannot be cited as an authority for the pro...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....gine trouble returned back to Mongla instead of going direct to Roosevelt Jetty knowing fully well that there was no repair facility at Mongla. This time they made frantic attempt to dispose of the so-called retention cargo and for this purpose they contacted shore people. The local smugglers also......e trouble returned back to Mongla instead of going direct to Roosevelt Jetty knowing fully well that there was no repair facility at Mongla. This time they made frantic attempt to dispose of the so-called retention cargo and for this purpose they contacted shore people. The local smugglers also be......rongly suspected that Tan Kheng Hock had succeeded in disposing 89 cartons of cigarettes. It was submitted by the dependent that the materials seized during Investigation were sufficient to warrant trial of the two accused by a competent Court. 3. After hearing the parties, a Division Bench ......rch 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader Chowdhury and others Vs. The State, (1976) 28 DLR (AD) 38; State of West Bengal Vs. S.N. Basak, AIR 1963 SC 44..Category: Criminal Law | Date: | Hits: 95
....e of Section Officer on 19-6-72 in the said Ministry. While he was Section Officer he was in the charge of the General Section, Government Accommodation and Management of the Government Estates and also functioned, as Drawing and Disbursing Officer till 1972, when he was transferred to the Secti......er 67 of 1972 along with Rules framed thereunder closely, we will find that the Board can act on getting information from any Government agency. It will then hear the complaining agency and witnesses called by it and may make any enquiry itself. Upon the information so gathered the Board is to deter......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......ion, Government of Bangladesh & others……………Respondents
Judgment
March 9, 1978.
Lawyers Involved:
Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner.
Sultan Hossain Khan, Deputy Attorney-General, wi..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....ed for and obtained a permit for importing complete units of Cold Storage and Ice Plant. In further clarification of the licence it was mentioned item-wise cold storage machinery including compressor, electric motor wires, cables and accessories, ice plant air conditioner, G.I. pipes copper pi......toms, Chittagong, to have been passed without lawful authority and of no legal effect. In the result, the appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (197......ner, G.I. pipes copper pipes, G.P. Sheets, Cork Breaks, water pump, cooling condenser, Air Cooling unit of more than 3 tons and deep freezers. The licence was specifically issued under the head 'Industrial Consumer'. Further condition of the licence was that the goods imported must not be utilis......e is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....vernment of East Pakistan, 1965 PLD Dacca 514; N. Ranjan Singh Vs. State of Bengal AIR, 1952 (SC) 106; Sharfuddin Ahmed Vs. Secretary, Ministry of Home Affairs, (1975) 27 DLR 658; Liversidge Vs. Anderson, 1942 AC 206; Emperor Vs. Shibrath Banerjee, AIR 1945 PC 156; Emperor Vs. Vimlabai Deshpande, AI...... we will like to observe, that we have already held that there must, be material before the authority to detain a person. On the sufficiency of material we have given our opinion and no repetition is called for. 27. On the opinion of the Advisory Board, the High Court has propounded a correct pr......, before making an order of detention, a “reasonable cause to believe" that such detention was necessary. Lord Atkin, however, in his dissenting speech, observed that every imprisonment without trial and conviction was prima facie unlawful and that the burden was upon the detaining authority t......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....her accused were put on trial to answer a charge of an offence under section 326-34 of the Penal Code, and were convicted by a First Class Magistrate, Pabna, and sentenced to two years' rigorous imprisonment each and to pay a fine of Rs. 1000 in default to suffer rigorous imprisonment for six months......adbanagar. Both Courts below found the four accused guilty under section 326/34 of the Pakistan Penal Code. The High Court also concurred with the findings of the Courts below. 5. The prosecution called several witnesses of which the evidence that concerns as is that of P.W.7 Shamsuddin, P.W.8 A......lied upon and that the confession of co-accused Alo could not be used against the Appellants as it is without independent corroboration. 2. The Appellants along with two other accused were put on trial to answer a charge of an offence under section 326-34 of the Penal Code, and were convicted by......is Case is also Reported in: 31 DLR (AD) (1979) 37. ..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... Rahman came from behind and accused Enamul Haq said “Dhar Shalago”. Then accused Wali caught hold of the victim and while the victim was scuffling with accused Wali, Enamul Haq dealt a sora blow on his abdomen. Thereafter accused Razaul and Mizanur went towards the east and accused ...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... paternal uncle of the deceased lodged the F.I.R. with Baufal Police Station. 3. Police on completion of investigation, submitted charge sheet against the accused persons. 4. At the trial the accused persons were charged under sections 302/34 of the Penal Code to which they pleade......sed. Ed. ..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....tion Act the deposit was a valid one. We find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......s barred by limitation. The pre-emptee farther stated that the requisite deposit along with compensation was not made within time. So the pre-emption case is liable to be dismissed. 5. The trial court upon consideration of the evidence on record found that the pre-emptor is a co-sharer b......nbsp; Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed by the High Court Division in Civil Revision No. 2542 of 2000.) ..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... defendant No. 3 as the petitioner seeks leave to appeal against the judgment and order dated 3rd August, 2003 passed by the High Court Division in Civil Revision No. 1740 of 1995 making the rule absolute setting aside the order dated 30.1.1995 adding the petitioner as a party under Order 1 rule ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... 3. Mr. Abdul Quayum, the learned Counsel appearing for the petitioner submitted that the High Court Division wrongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interes......ate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instru..Category: Property Law | Date: | Hits: 24
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....at on 01.12.1996 while victim Sohel, Zaved and Hashed as usual were going to their school known as Gouranga Bari Government Primary School at about 12.00 O'clock and reached near Gouranga Bari Anderson Road, three unknown persons came to them by a microbus and asked them to identify the house of......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......party. 3. Police on completion of investigation submitted charge sheet under sections 13/14 of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995(shortly the Ain). 4. During trial charge under sections 13/14 of the Ain, 1995 was framed against the accused Jashim Uddin. Cha......nbsp; Not represented- Respondent Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed by the High Court Division in Criminal Appeal No. 1891 of 1998.) ..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....s not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. As the witnesses examined by the plaintiff were all interested person......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......dant company in its meeting held on 07.01.1990 took an unanimous resolution for termination of the service of the plaintiff and accordingly his service was terminated on 08.01.1990. 4. The trial court dismissed the plaintiff’s suit. Being aggrieved the plaintiff preferred the appea......, Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief has been sought for by the plaintiff. ..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... 93 of 1992. 2. The petitioner instituted the above case praying for declaration that the order of the rejection of petition for review dated 21.12.91 filed by him is illegal and void and also praying for his reinstatement in the service, stating inter alia that the petitioner joined his ......review cases by general notification but with regard to the direction given in the above Writ Petition No.396 of 1989 on 30.10.91 no forum for review was formed and no petition for review was also called from the petitioner or from the office of the Chief Martial Law Administrator and/or Preside......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. .............................. Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of Bangladesh, Bangabhaban, Dhaka and others ............Respondents. Judgment May 8, 2004. Case Referred to- ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....ven annas share therein stating inter alia that the suit property originally belonged to Suruz Khan in raiyati right and he died in July, 1961 leaving behind his wife Kad Banu (defendant No.2), one son Salim Uddin Khan (defendant No.1), four daughters- Jahura Akhter Khatun (plaintiff No.1) Mazid......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......tained behind the knowledge of the defendant No. 8 petitioner; this Rafanama is in fact a fraud practised upon the Court by the plaintiff and the defendant No.1; while decreeing the suit the trial court did not hear the defendant No.8-petitioner; partition is to be based on equity, justice...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Ali Bhuiyan.........................................Petitioner Vs. Jahura Khatun and Others...................................Respondents Judgment June 12, 2004. ..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
.... dated 15.04.2003 passed by a Single Bench of the High Court Division in Civil Revision No. 492 of 2001 discharging the Rule. 2. The facts leading to the leave petition are that the predecessor of the respondents as plaintiff instituted Other Class Suit No. 151 of 1995 against one Fazlur......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......n her filed the suit for cancellation of the deed and that the suit was contested by the defendant insisting on the assertion of execution of the deed of heba bil-ewaz by the plaintiff and that the trial court oh consideration of the evidence found the plaintiff to be in possession of the suit p......ppellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Firozul Islam and others.................... Petitioners Vs. Md. Helalul Islam and others ..........Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....93) Judgment Md. Ruhul Amin J.- This is plaintiffs appeal, by leave, against the judgment dated December 13, 1995 of the High Court Division in Civil Revision No.2130 of 1993 making the Rule absolute which was obtained against the judgment and decree dated May 30, 1993 of the Court of Distric......e said papers were proved were not competent witness to prove the genuineness of the said papers and that the person who wrote the Dakhila and Amalnama were not examined and the tenants' list was not called for from the Zamindar's Sheresta, that the paper submitted by the defendant who was the plain...... pursuant to the decree in the Title Suit No.860 of 1981 the defendant filed Miscellaneous Case No. 46 of 1984 for correction of the record and accordingly record was corrected in his name. 6. The trial Court dismissed the suit on the finding that the Title Suit No.860 of 1981 was decreed upon du......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. ..Category: Property Law | Date: | Hits: 38
19521951195019491946194519431942194119401938193219311930192219191918191719161915