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Displaying 461-480 of 978 results.
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....rcumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but one proposed to be proved. In other words there must be a chain of evidence so far complete as not to leave any reasonable ground for conclusion consistent with the innocence of the a......n the throat cannot be caused by reason of the throat being stuck with water herbs. 7. P.W.3 Jalaluddin stated that in the night following 26‑9‑88 at about 3 AM his sleep was punctuated by the barking off dogs. He found accused Mozaffar going towards the house of P.W. 5 Yeasin (father‑in‑..Category: Criminal Law | Date: | Hits: 56
....n vested in the Government under the President's Order or that his, right or interest in the building has not been affected by the provisions of that Order." He submits that the petitioner can obtain complete relief from the Court of Settlement and since an alternative equally efficacious remedy h......tioner may avail of any other alternative remedy as advised.
The Rule is, therefore, discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 193.
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Category: Property Law | Date: | Hits: 171
Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)
.... 2. Case of the respondents in brief is that they were appointed on different dates as sweepers and other posts under 53 Thana Education Project Officers against a project. The Project was due to complete in December, 1999 but it was extended from time to time and the respondent’s service were......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ..Category: Employment/Service Law | Date: | Hits: 133
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....(a)(b) of the Easements Act and therefore a revocation of redundant licence cannot be prevented by injunction. 20. We are in respectful agreement with the observations as hereinbefore which are in complete accord with the view we have taken that an agreement or a licence which is made revocable b......ing away of the deer killed and trees cut down, they are grants." 17. This principle of law as to licence and grant had been reproduced in our Easement Act. Licence thus, be of two kinds, namely a bare licence which merely is a matter of personal privilege to do a thing which would be otherwise u..Category: Civil Law | Date: | Hits: 72
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....der: "sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised." The definition of sale as quoted above clearly shows that in order to make a sale complete consideration has to pass. Both the Courts below having concurrently found that as the plai......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
....under Order XXXIX rules 1 and 2 of the Code of Civil Procedure. In the applications, it is stated that the plaintiff got a work order for earth filling of Taka 27,30,37,523. By the time the plaintiff completed work in ten groups of the value of Taka 42 crore. Time to time, the plaintiff received run......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..Category: Civil Law | Date: | Hits: 73
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....hman submits that the Syndicate brought about the change in the name of Salimullah Muslim Hall as Salimullah Hall amending clause 8(2) of the First Statutes of the Dhaka University Ordinance, 1961 in complete compliance of the requirements of section 31 of the said Ordinance and the changed names co......n. The entertainment of any application under Article 102 is a matter of discretion and not the jurisdiction of the Court. If the delay is satisfactorily explained by the petitioner it can never be a bar in filing the writ petition. In this connection the case of Professor Golam Azam Vs. Bangladesh,..Category: Civil Law | Date: | Hits: 63
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
.... of murder. It is established principle that the circumstances to be relied upon by the prosecution must be fully established and the chain of evidence furnished by the circumstances should be so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....worked as an office assistant. His service was terminated under section 19 of the Employment of Labour (Standing Orders) Act, 1965 vide a letter dated 31-12-92 (Annexure—A), enclosed in which was a complete statement showing the amount payable to him as termination benefits and provident fund bene...... for any deduction made in the payment of wages. He further claims that he is not challenging the termination itself, he is only claiming what is due to him by way of gratuity. Therefore, there is no bar for him to come under section 15(2) of the Payment of Wages Act. He does not also deny that he h..Category: Labour and Industrial Law | Date: | Hits: 255
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....doctor of Chandpur for treatment. After medically examining the victim girl, the said doctor found blood still oozing out thinly from her private parts and also in her wearing clothes. He advised her complete rest for a substantial period and issued a certificate to that effect in Ext. 4. Thereafter......ul Karim Vs. State, 1981 BLD 200; Hazrat Ali and others Vs. State, 1984 BLD 257; 22 DLR 279; Mahitullah and others Vs. State, 1983 BLD 277. Lawyers Involevd: Majibur Rahman, Advocate with MA Jabbar, Advocate ‑ For Appellants. M Shamsul Alam, Deputy Attorney General with Fazlul Hoque Chowd..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
.... on 7.1.89 where he worked till 15.1.89. He fell seriously ill on 16.1.89. The Authority's doctor considering the serious nature of the disease by his certificate dated 15.1.89 advised the petitioner complete rest and immediate admission in Government Hospital. Prior to his departure for Barisal the......for treatment which is annexed to the petition and marked as Annexure ‘E’. After getting clearance from the Ministry of Shipping, the petitioner was admitted in Sarkari Karmachari Hospital in Phulbaria, Dhaka on 19.1.89. The certificate of the petitioner's admission and release from hospital is ..Category: Employment/Service Law | Date: | Hits: 116
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
....t connected with agriculture and it is non agricultural land for all practical purposes. It is profitable to cite a case of Lutfun Nahar Vs. Syeeda Hashmat Ara Begum, reported in 21 DLR 633 to find a complete answer to the arguments advanced by Mr. Matin. Their Lordships held in the aforesaid decisi......ies Judgment February 22, 1995. Result: The Rule is discharged. Case Referred to- Lutfun Nahar Vs. Syeeda Hashmat Ara Begum, 21 DLR 633. Lawyers Involved: MA Matin with MA Jabbar, Advocates-For the petitioner. BK Das, Advocate-For the Opposite Parties. Criminal Revisi..Category: Property Law | Date: | Hits: 52
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....e. It has been further submitted that in view of the subsistence interest in the suit land, the presence of the petitioners before the court was necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The learned court b....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..Category: Property Law | Date: | Hits: 47
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....ter accepting the nomination paper of the candidate Mohiuddin Sikdar and after appointing a new Returning Officer within three weeks thereafter the union parishad election was directed to be held and completed." 7. From a reading of this order which is the impugned order translated by us hereinbe...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..Category: Election Law | Date: | Hits: 153
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....as held in March 1989 in which the petitioners were elected for 5 years and they had been performing their functions as elected Chairman of their respective Upazilas properly and they had right to complete their 5 years terms in office from the date on which they entered upon their respective of......lative act or an executive action in clear violation of the Fundamental Principles. The question that now comes up for determination is, whether the Court's jurisdiction to intervene is completely barred in all the above three contingencies in view of Article 8(2) of the Constitution. There is n..Category: Constitutional Law | Date: | Hits: 461
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
.... belonging to the plaintiffs from acquisition and has also ordered for gazette notification of the same. The learned Advocate has submitted that in the circumstances the Appellate Division, for doing complete justice under Article 104 of the Constitution, can take into consideration this fact of rel......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...Category: Property Law | Date: | Hits: 65
Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)
....est the tender of the opposite party was accepted 16-7-91 and the company was given the work order under Memo No.265/R dated 10-8-91 of the Superintending Engineer, Roads and Highways, Chittagong, to complete the work within one year and three months. The contractor started constructing the bailey b......e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330...Category: Alternative Dispute Resolution | Date: | Hits: 147
....under section 103(b) of the Bengal Tenancy Act while the SA Khatian has no such presumptive value. The learned Courts below thus evidently erred in law in placing too much reliance on the SA Khatians completely ignoring the overwhelming evidence on record to prove that it had no legal foundation and......he learned Courts below were manifestly wrong in illegally finding that the plaintiff had earlier knowledge about treating the suit property as an abandoned property, as a result of which the suit is barred by limitation under section 92/(A) of the State Acquisition and Tenancy Act, 1950 and the sam..
Category: Property Law | Date: | Hits: 102
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....the power at any stage of the proceedings to make any person, either on its own motion or on the application of an interested party, a defendant in the suit whose presence is considered necessary for complete and effective adjudication of the suit. Likewise the Court can at any stage of the proceedi......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ..Category: Procedural Law | Date: | Hits: 67
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....btained the present Rule. 2. Mr. Abdul Khaleque, the learned Advocate appearing for Mr. SS Halder on behalf of the submits that the court of appeal below erred in law in making the order of remand completely ignoring the provision of Order 41 rule XXIII of the Code of Civil Procedure and the same......ell as the judgment passed by the learned Munsif in Partition Suit No.28 of 1884. 5. It appears that the learned Munsif on detailed discussion of the evidence on record dismissed the suit as being barred by limitation. The learned trial Court also found that the suit is barred by res judicata and..Category: Property Law | Date: | Hits: 75
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