Search Options
Judgment Advanced Search
Displaying 4981-5000 of 7133 results.
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ...... after the dismissal of the complaint or the conclusion of the enquiry or trial, he shall cause such things to be conveyed to and deposited at, the nearest custom-house, to be there proceeded against according to law." Section 179 deals with power of adjudication which is as under: "179. Pow......J A.K. Reazul Karim..................................... Appellant Vs. State....................................................... Respondent Judgment August 17, 1983. The Customs Act, 1969 (IV of 1969) Customs officers are authorized to deal with offences mentioned in t......such express provisions would it be assumed that the provisions of Clause (4) in the Government Notification dated 24,8.72 has led to such ouster. Moreover, when it is a well-established principle of law that no subordinate legislation can nullify the express provisions of an Act of the legislature ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......the sentence to run concurrently. 2. The convict-petitioner was apprehended on 07.09.1999 after exchange of fire in an encounter with the police along with fire arms and ammunitions and accordingly the seizure list was prepared and an F.I.R. was lodged being Chandgoan P.S. Case N..........Petitioner Vs. The State ………………………….......Respondent Judgment May 26, 2009. Cases Referred to- 59 DLR (HCD) 4C2, 16 BLD (AD) 268; S.M Kamal vs. State 6 BLC (HCD) 113. Lawyers I......etition. We have also considered the submission made by the learned Advocate appearing for the leave petitioner. The learned Advocate submitted that the High Court Division erred in law in not considering the discrepancies appearing in the depositions of the P.W.1 and P.W.4 in res..Category: Criminal Law | Date: | Hits: 155
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......n of limitation provided by special law the finding of the Administrative Appellate Tribunal cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2103 of 2008 (From the judgment and order dated 02.07.2008 passed by the Admi......he Administrative Tribunal. The Administrative Appellate Tribunal further held that the order dated 10.04.2001 is not an independent order. Since it is a question of limitation provided by special law the finding of the Administrative Appellate Tribunal cannot be interfered with. In such ..Category: Administrative Law | Date: | Hits: 423
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......paid. There is no order for making payment of quarterly equal installments as claimed by the judgment debtor-petitioners. The Executing Court accepted the submissions of the decree holder and accordingly rejected the application. However the Executing Court allowed time for payment of the d...... by Md. Toufiq Hossain, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent No.2. Not represented-Respondent No.1. Civil Petition for Leave to Appeal No. 333 of 2008. (From the judgment and order dated 21.08.2007 passed by the High......n case is liable to be dismissed. 5. The High Court Division on consideration of the submissions made by the learned advocate as well as the materials on record/ the provisions of law, the decree passed by the Artha Rin Adalat and the impugned order passed by the executing ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......ion. The learned Advocate for the writ petitioner, of course has argued that the impugned decree was passed violating the provision of this section. The learned Advocate has argued that according to this section 47 of Artha Rin Adalat Ain, 2003 the lending bank can not claim any amou......by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Md. Abdur Nur, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1-2. Civil Petition for Leave to Appeal No. 2119 of 2008. (From the judgment and order dated 04.12.2007 passed by the Hig...... suit has been filed claiming Tk.44,12,56,166/- with further interest @ 14.5% effective from 01.07.2002. The learned Advocate submitted that as per Section-5 of the General Clauses Act any Act or law, in which the date of commencement is not specifically mentioned, such Act or law comes in..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ...... put them in possession. Subsequently, before her death Nasira Banu made oral gift of her remaining share in the suit land in favour of the parents of the plaintiffs and put them in possession and accordingly the plaintiffs' parents became owner in possession of the suit land and subsequent......vocate-on-Record-For the Petitioners. A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.2294 of 2008. (From the judgment and order dated 25.3.2008 passed by the High ......on erred in sending the suit back on remand to the trial court for fresh decision when all the material evidence and the inspection report were available on record and it is a settled principle of law that when all materials are available on record the court would decide the points at issue..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....able and these facts were considered by the appellate court below. But the learned Judge of the High Court Division misread these facts and came to an erroneous decision occasioning failure of justice. 7. We have heard the learned Counsel and perused the connected papers including the......pre-emptee petitioner and others alleging, inter alia, that the case land concerning R.S. Khatian No.635 was the Riyoti Khash Dakhali land of Jabal Hossain and others and R.S. Khatian was prepared accordingly. Abdul Haque Dovash purchased some land of Jabal Hossain and Imam Hossain and beca......iroz Shah, Advocate-on Record-For the Petitioner. Md. Ibrahim Khalil, Advocate-on Record-For Respondent No. 1. Not Represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 2219 of 2008. (From the judgment and order dated 14.07.2008 passed by the Hig......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......uit No. 19 of 1999 decreeing the suit for maintenance. 2. Plaintiffs case as placed before the High Court Division, in a nutshell, is that defendant No.1 married the plaintiff on 01.10.1992 according to Hindu Law and the marriage was consummated and after some days defendant No.1 under th...... Judgment April 19, 2009. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 1859 of 2008. (From the judgment and order dated 08.04.2008 passed by the Hig......e to live as husband and wife but failed as such she is not entitled to get maintenance but this aspect has not been considered by the High Court Division as well as the Courts below, thus erred in law in passing the impugned judgment which is liable to be set aside. 7. We have heard the l..Category: Criminal Law | Date: | Hits: 75
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ...... by side and that the sale deeds were executed on 26.8.1982, 12.9.1982 and 21.12.1982 and roistered on 26.8.1982. 12.9.1982 and 22.12.1982 respectively and possession of case lands were delivered accordingly. The opposite party No. 1 being away from home, his employee Nur Ahammed Khan accepted t......ammad, Senior Advocate, instructed by Syed Mahbubur Rahman, advocate-on-Record-For the Petitioner (In all the cases) Not represented- the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 513 and 517-518 of 2008 (From the judgment and order dated 5.12.2007 passed by the......vocates of the respective contesting parties dismissed the cases disallowing the pre-emption having found three out of five issues framed in the cases in favour of the petitioner in accordance of law. The learned Assistant Judge found that the cases are not barred by limitation and the story of ..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......ion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Surendra Mohan Bandayapadhya being dead his heirs-1(2) Paritosh Kumar Bandayapadhya and others ......................Petitioners Vs. Lalit Mohan ...... contest and ex parte against the rest. The trial Court found title and possession of the plaintiff in the suit land observing that the plaintiff became tenant under the Government by operation of law after acquisition of the rent receiving interest. The trial Court disbelieved the witnesses of ..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ous error of law and it was contrary to the materials on record. Moreover, the High Court Division failed to address the very vital issue involved in the revisional application and caused serous injustice in not considering the forged and fabricated deed dated 29.1.1948. He next submits that the......nts raised. The High Court Division upon correct assessment of the materials on record arrived al a correct, decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 823. ....... Abul Kalam Chowdhury, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on- Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-58. Civil Petition for Leave to Appeal No. 929 of 2008 (From the judgment and order dated 13.3.2008 passed by the High C......operly adverting to the relevant fact and evidence on record. He further submits that the finding of the High Court Division as to the unregistered deed dated 29.1.1948 suffers from serous error of law and it was contrary to the materials on record. Moreover, the High Court Division failed to add..Category: Property Law | Date: | Hits: 30
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......signment from him and as such the balance of convenience and inconvenience is in favour of plaintiff and the plaintiff shall suffer irreparable loss if the ex parte decrees are not stayed and accordingly discharged the Rule modifying the order of the learned District Judge. 10. The l......his Case is also Reported in: VI ADC (2009) 819. ......cturer and merchant of the goods or Playing Cards for the Trade Marks Trade Mark "AMERICA", "USA", "DON" and "VISA" which is illegal, unjust and without any lawful authority and not permissible under the Trade Marks Act, 1940. The plaintiff has obtained in..Category: Intellectual Property Law | Date: | Hits: 361
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....03;ক Benefit পাইবেন।" the learned Courts below committed error of law in passing the impugned judgment which is against the principle of natural justice and as such the same is liable to be set aside. 8. We have heard the learned Advoca......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ...... Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by the High C......op, the petitioner filed civil petition for leave to appeal. 7. Mr. S.N. Goswami, the learned Advocate for the petitioner submits that the learned Judges of the High Court Division erred in law in not considering the facts and circumstances of the case that the trial court framed the issu..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......e obtained in Title Suit No.616 of 1969 of the Court of Munsif, Chuadanga is fraudulent, collusive and not binding upon the plaintiff. 2. Facts, in short, are that the land in suit belonged to Bishupada and he granted Power of Attorney to Danesh Mondal as regard the property in suit and t......nd non-consideration of the evidence of (sic) record" and thus the appellate Court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now settled as to the extent of jurisdiction of the High Court Division under section 115 (1..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....ction against the writ respondent Nos.5 and 6, but the writ respondent No.4 by the memo dated 09.05.2004 rejected the same without assigning any reason. The writ petitioner then caused a demand of justice notice dated 28.07.2004 to be served on the office of the Prime Minister for according sanc......t Nos.5 and 6 respectively and the impugned order dated 09.05.2004 passed by the learned Metropolitan Sessions Judge, Special Court, Dhaka in the Special Case No.39 of 2004 rejecting the prayer for according sanction from the office of the Prime Minister to proceed with the case against the writ......hmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants (In Civil Appeal No.139 of 2006). M. K. Rahman, Additional Attorney General instructed by B. Hossain, Advocate-on-Record-For the Appellants (In Civil Appeal No......ng that the Government in exercise of its discretion rightly withheld sanction for trial of the writ respondent Nos.5 and 6 and the impugned order withholding sanction was passed in accordance with law and is not liable to be questioned by the writ petitioner. 4. The learned Counsels appea..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......t the respective case lands originally belonged to Bhawal Raj Court of Wards Estate and the petitioners are the successors-in-interest of the tenants under the Bhawal Raj Court of Wards Estate and accordingly m the C.S. Khatian the respective case lands stands in the name of Bhawal Raj Court of ......bsp; Not represented-Respondent Nos. 2-3, 5-15 & 17-26 (In Civil Petition No.1452 of 2008). Judgment July 19, 2009. Civil petition for leave to Appeal Nos. 1447-52 of 2008. (From the judgment and order dated 20.05.2008 passed by the......on the Revenue Authority found the writ-petitioners in possession of their respective case lands and accordingly the draft records of right was prepared in their respective names in accordance with law i.e. under Rule-29 of the State Acquisition Rules, 1955, (hereinafter referred to as the said R..Category: Property Law | Date: | Hits: 67
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......pril 16, 2009. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for leave to Appeal No. 655 of 2008. (From the judgment and order dated 19th August, 2008 passed by t......ischarged as noticed earlier. 5. The High Court Division found that there was no violation of section 141 (b) of the Negotiable Instrument Act. The High Court Division further found that the law is now settled on the point that a criminal proceeding should not be stifled before trial,..Category: Criminal Law | Date: | Hits: 51
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ...... allegation is that two ammunitions of revolver were also recovered from the pocket of accused Faridul Mollah. Both the accused could not produce any valid paper for possession of the articles and accordingly the informant seized the same by preparing a seizure list and thereafter lodged F.I.R. ......hellip;..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008. Lawyers Involved: Md. Ali Akanda, Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. ......ting articles. The High Court Division concluded that the seizure list alleged to have been prepared by the B.D.R. personnel in respect of the seized articles is no seizure list in the eye of law and accordingly allowed the appeal. 6. In the facts and circumstances of the case and in..Category: Criminal Law | Date: | Hits: 45
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ......mentary Affairs, Bangladesh Secretariat, Dhaka & others......Respondents Judgment August 3, 2008. Cases referred to- Mvi. Mohammad Khurshed Alam vs. Secretary Ministry of Law, Justice and others, 50 DLR (A......d in Bangladesh Gazette on 16 January, 2001, old Rule 5A was substituted by a new Rule 5A providing that notwithstanding anything contained in Rule 5 or in any other instrument having the force of law, any person acting as Nikah Registrar on temporary basis under sub-Rule 5(1) on the date of com..Category: Civil Law | Date: | Hits: 100
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......share of Kamar Uddin in the homestead is only 0.18 decimals Dr. Shafar Uddin Ahmed out of love and affection gave another 0.06 decimals land from his share to Kamar Uddin for his convenience. Thus according to the partition deed the share of Dr. Shafar Uddin Ahmed is 0.32 decimals and that of Ka....... Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondents No. 1. Not represented-Respondent Nos. 2-15. Civil Petition for Leave to Appeal No.1500 of 2007. (From the judgment and order dated 02.08.2007 passed by the High......the defendant No.1 suppressing all those facts and making false statements in the court obtained the said ex-parte judgment and order. As the Misc. (Pre) Case No. 21 of 1998 was barred by law the said ex-pare judgment and order is illegal and liable to be set aside. 9. It was fur..Category: Property Law | Date: | Hits: 33
35013497349634953494349334923491348934873486348534843483348234813480347934773473