Search Options
Judgment Advanced Search
Displaying 4941-4960 of 6365 results.
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... as contained in Article 67 of the Constitution. 4. The respondent Nos. 3-5 have received the salary, emoluments, allowances and all other benefits for the period of their unauthorised absence. We declare that the salary, emoluments, allowances and other benefits so received by the r......on is not maintainable; (b) that the petitioner has no locus standi to file the writ petition; (c) that the petitioner is not aggrieved; (d) that this Court has no jurisdiction to issue a Rule and to direct the respondent Nos. 3-5 to attend the Sessions; ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....of their income from mercantile to cash system, the difference between the two being that under the mercantile system the accrued interest, whether actually received or not, formed the part of the total income, whereas under the cash system only the income actually received constituted the ......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....mber 1963 resigned an resumed practice in the High Court of West Pakistan. After about a year of his practice the Legal Practice (Disqualification Ordinance) No. 2 of 1964 was enacted which imposed total bar to practice law by retired Judge or a Judge who resigned in the High Court, and this Ordi......e textually inadmissible, have retrospective effect attributed to them, provisions which touch a right in existence at the passing of the statute are not to be applied retrospectively in the absence of express enactment or necessary intendment. Provisions which, if applied retrospective...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
.... Mangai Sk. and Bocha Sk and two daughters Kulsum and Alimunnessa so by law of Inheritance Mangai inherited 5 annas four pies i.e. one third share in the suit property. The finding of fact that the total quantum of suit property is 12.77 acre and consequently Mangai having inherited one third sh...... before the learned Subordinate Judge which, however, was rejected and thereafter plaintiffs moved the High Court Division in revision. The learned Single Judge repelled the contention that in the absence of any cross appeal or cross objection the appellate Court below could not reduce the plain......and on calculating his share it was reduced to 2.01 acre from 2.82. 9. Mr. B. N. Chowdhury appearing for the plaintiff appellant contended that this reduction was arbitrary and without jurisdiction. There is no force in the argument: Order 41 Rule 33 is in the following terms..Category: Property Law | Date: | Hits: 38
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......ions Judge, Chittagong for holding trial. On receipt of the record of the case, the learned Sessions Judge, Chittagong registered and numbered the same as Sessions Case No. 50 of 2003. 6. In absence of all the 3 charge sheeted accuseds, the learned Sessions Judge by order dated 22.02.2003 ......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ..Category: Criminal Law | Date: | Hits: 35
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......it petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil court on the basis of evidence and cannot be decided in a summary proceeding of writ jurisdiction. 12. The High Court Division further observed that the 4th allegation is of set..Category: Civil Law | Date: | Hits: 113
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 323.......fore the competent Court of Criminal Jurisdiction. 6. The learned Advocate further submitted that High Court Division being a superior Court disposed of a criminal matter in a writ jurisdiction in absence of the lower Court records and declared the conviction is illegal. The learned Advocate fina......gh Court Division without calling for L.C. records from the Court below most illegally passed the impugned judgment and order declaring the proceeding as well as the conviction as illegal and without jurisdiction. 5. Admittedly, the respondent No. 1-writ-petitioner is fugitive from justice. Moreo..Category: Anti-Corruption Laws | Date: | Hits: 119
Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
....999 and imported 20 units of Unia Air Conditioner along with installation covered under H.S. Code No.8415.101 at US$ 485.00 for 8 units and US$ 485.00 for 12 units of the said Air Conditioner at a total C & F Value of US$ 9,712.00. 3. On arrival of the goods, the writ petitioner ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 62
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ...... for fixing date of hearing. When the matter was taken up the learned Advocate for the petitioners pointed out that the valuation of the Rule is of Tk. 1,00,000/- and as such, as per pecuniary jurisdiction the rule would be heard by a Single Bench of the High Court Division. The High Court&n..Category: Property Law | Date: | Hits: 32
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
..... 50,000/- as prompt dower, Tk. 3,850/- as maintenance for 51/2 months; Tk. 10,000/- taken as loan by the defendant from the plaintiff's father and Tk. 15,000/- the price of her ornaments, i.e., in total Tk. 78,850/- against the plaintiff, as mentioned in schedule 'ka' to the plaint. The defendant......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction..................................(9) Lawyers Involved: Syed Mahmood Hossain, Advo..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......on defendant No. 1 through her aforesaid attorney moved the High Court Division in revision as already noted. Division Bench of the High Court Division without issuing any Rule in the matter and in absence of the plaintiffs disposed of that revisional application by the impugned judgment and ord......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......mployee concerned shall be set up by the Syndicate with one of them as convenor to consider the case and recommend to the Syndicate such action as it deems fit: Provided that in case of absence without leave or overstaying sanctioned leave without sufficient cause, the Syndicate......in P.O. No. 11 of 1973 as the article of that Order), although applicable to the plaintiff was not complied with in removing him from service. The order of dismissal was illegal being made without jurisdiction and in violation of the principle of natural justice. 5. Dr. Rafiqur Rahman, le..Category: Employment/Service Law | Date: | Hits: 69
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....overnment pursuant to its acquisition. 8. Mr. Mahbubey Alam, learned Additional Attorney-General appearing for the appellants, submits that the learned Single Judge of the High Court Division upon total misconception of the plaintiffs case and by making out a third Case under Section 16 of the La......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297...Category: Tenancy Law | Date: | Hits: 124
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....he appeal in part setting aside the decree for Tk. 1,00,00,000/- awarded as compensation but the judgment and decree of the trial Court relating to Tk. 2,24,72,280/- and interest of Tk. 3,10,52,572/- totaling Tk. 5,35,24,852/- was affirmed. 6. The suit was decreed by the trial Court for an ......tion to the awarding of the interest at the rate of 18% till realization. Section 34 of the Code of Civil Procedure provides that payment of interest is discretionary but should not be refused in the absence of proper reason and in exercising discretion it must be reasonable. The rate of interes......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....notes, letters of undertaking, guarantees etc. Upto 20-1-83 there was an outstanding of Tk. 3,69,485.39 in the pledge account and an outstanding sum of Tk. 36.000/- in the blocked loan account, in total an outstanding sum of Tk. 11,05,485.39. The plaintiff claimed interest pendente lite, tenta&...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......entary evidence held that the plaintiff in 1355 B.S. took settlement of the suit land as an agricultural land, the learned Judge of the High Court Division appears to have acted illegally and without jurisdiction in reversing a concluded finding of fact in exercise of his revisional jurisdiction a..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....judgment. 5. Mr. Amir-ul-Islam, the learned counsel appearing for the appellants submits that the appellants having no experience of such court proceeding and they had even never been a witness, totally relied on their lawyer who, without verifying with the appellants, prepared the affidavit ...... of mere filling of the above Appeal No. 4 of 1996 by the government to the Court of District Judge, Dhaka against the judgment and decree out of which Execution Case No. 26 of 1986 arose as well the absence of any order of stay from the appellate Court. Similarly the executing court is also suppo...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ...... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......nsider the appellant's contention that the learned Subordinate Judge erroneously held that Other Suit No. 26 of 1983 of the Court of Senior Assistant Judge, Cox's Bazar was not within the pecuniary jurisdiction of the said court. 3. The appellant filed the suit for partition. Subsequently..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......ng been reinstated to his post vide memo No. 2025 dated 5.11.90, the second order of his suspension from service vide memo. No. 2026 issued on the same date on 5.11.90 was illegal and without jurisdiction. 9. Trial Court also noticed that the plaintiff submitted an application object..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)
....High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......High Court Division is modified to the extent that the compromise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......ween the parties the Court's decree cannot be set aside. In view of the broad fact that the compromise in question in this case is not binding upon the Government the contentions as to Court's jurisdiction to set aside the appellate decision and as to the nature of the compromise, whether it..Category: Property Law | Date: | Hits: 32
31993198319431923189318331803177317531713170316831643163316231613160315831573155