Search Options
Judgment Advanced Search
Displaying 5081-5100 of 7097 results.
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
....g. 5. He further submits that the High Court Division committed error in holding that the notice in question was issued upon the respondent after the expiry of 15 days as required under the provision of law. 6. In support of the submissions Mr. M. Shamsul Alam learned Senior Advoca......ashing the proceeding and hence is this appeal. 4. In support of the appeal, Mr. M. Shamsul Alam learned Senior Advocate submits, inter alia, that the High Court Division committed error of law in not observing that the petition of complaint disclosed the alleged offence and that the..Category: Criminal Law | Date: | Hits: 42
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
.... no case has been made out for quashing the proceeding of C.R. Case No. 174 of 1993. 9. Leave was granted to consider as to whether initiation of C.R. Case No. 174 of 1993 was barred by the provision of section 195(1)(c) of the Code of Criminal Procedure because of the filing of civil sui......ptember 20, 1993 and that complainant was examined on September, 21, 1993 and cognizance was taken on December, 11, 1993. 11. It is the contention of the appellant that as per requirement of law, he has filed the deed No. 86 dated 8-1-1996 along with the plaint before the court of Assista..Category: Criminal Law | Date: | Hits: 50
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....vent there is no prohibitions upon the authority of the President for making rules with retrospective effect. 18. Article 133 reads as follows: 133. Subject to the provisions of this Constitution Parliament may by law regulate the appointment and conditions of s......g them benefit of the aforesaid Rules. 5. The Rules was challenged on the ground of discrimination being violative of Article 27 of the Constitution, which provides for equality before law. It was also challenged as being in excess of the authority of the President to make such ..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
....at respondent's prayer for withdrawal of the letter of resignation was accepted as there is no scope for withdrawal of resignation while the same was of immediate effect. Moreover, there is no provision in the Regulations for withdrawal of the letter of resignation pending communication......dated 10th November, 1999 of a Division Bench of the High Court Division in Writ Petition No. 3855 of 1998 declaring acceptance of resignation of the writ petitioner to have been made without lawful authority and is of no legal effect. 2. Short facts are that respondent joined in the..Category: Employment/Service Law | Date: | Hits: 95
Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
....ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ......titions on the assertion that the writ petitioner’s goods were never assessed on the basis of indicative value but on the basis of normal value and such assessment was made in accordance with law. 4. On consideration of the assertions of both the sides the High Court Division b..Category: Fiscal/Taxation Law | Date: | Hits: 66
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....case; subsequently it being found that in terms of the 2nd schedule of the Code of Criminal Procedure the above offence under section 409 of the Penal Code is triable by the Special Judge under the provisions of Criminal Law Amendment Act, 1958, the case was sent of the learned Special Judge, Sy......here 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) 449. ..Category: Criminal Law | Date: | Hits: 47
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....ceeding against the petitioners is an abuse of the process of law; that the High Court Division arrived at an erroneous decision on misreading and misconstruing the materials on record and the provisions of law. 5. It appears from the record that the petitioners have taken TK. 3, 50,0......vision under Section 561A of the Code of Criminal Procedure. 4. Syed Mahbubur Rahman, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to consider that there is nothing to show from the petition of complaint that t..Category: Criminal Law | Date: | Hits: 41
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....ind 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) 419. ......the plaintiffs suit as framed is not maintainable inasmuch as the plaintiff claimed declaration of title for themselves along with pro-forma defendant Nos.2-9 which is not permissible in law; that there was a suit being Title Suit No.293 of 1965 in which there was local investigation c..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
....rrived 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) 416. ......nd 6 who are in possession of the suit land. The plaintiffs have got no right title and interest or possession in the suit land and as such they are not entitled to get any relief according to law. 5. The defendant Nos.7 and 8 filed written statement contending that Sudhir Kumar Roy l..Category: Property Law | Date: | Hits: 23
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....vision upon 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) 414, 19 BLT (AD) (2011)137.......st in the land. The transfer of the land by her in favour of the Progati Sang shad by way of gift was thus illegal and void. Thus it appears the High Court Division enunciated the correct position of law. Accordingly High Court Division did not commit any illegality. 7. In view of the discussion ..Category: Property Law | Date: | Hits: 29
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ....... Mr. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the impugned judgment and order of the High court Division is neither proper nor in accordance with law; that the High Court Division committed an error of law resulting in error in the decision..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of 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) 406. ......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) 406. ..Category: Property Law | Date: | Hits: 50
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....ation file by the defendant under Order XXVI Rule 11 of Code without assigning any reason but the findings arrived at as to disposal of the suit is in accordance with law and upon compliance of the provisions of section 9 and 13 of Ain 2003 and accordingly not without jurisdiction so writ jurisdi......the Adalat rejected the application file by the defendant under Order XXVI Rule 11 of Code without assigning any reason but the findings arrived at as to disposal of the suit is in accordance with law and upon compliance of the provisions of section 9 and 13 of Ain 2003 and accordingly not witho..Category: Civil Law | Date: | Hits: 95
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....e suit land was under khatian No.817 Mahiruddin and others were tenant under Hemayetullah. The tenants became defaulter in paying rents, the owner brought the land under his khas khatian under the provision 48(Ga) of the B.T. Act and remained in possession thereof. Hemayetullah subsequently gran......e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....there 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) 373. ......o ask for the relief of possession and therefore the appellate Court below fell in serious error in holding that the suit without seeking relief for a recovery of possession is not maintainable in law. 8. We are of the view that the High Court Division on proper consideration of the mater..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ......rporation road on 14-12-2002 and said acquisition in Urban area by no stretch on imagination can be said to have been acquired for fishing project thus the High Court Division committed an error of law occasioning failure of justice. He lastly submitted the High Court Division wrongly relied upo..Category: Property Law | Date: | Hits: 28
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......ection 42 of the Specific Relief Act. Since no legal right of the plaintiff opposite parties has been infringed by the impugned order dated 10.04.1986 they are not entitled to any relief under the law. 5. After hearing the parties and in the facts and circumstances of the case, the trial ..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....to the respondent No.1 for issuing licence to him to exhibit motion picture film in the Cinema Hall. 5. The High Court Division discharged the Rule on the findings- "Having considered the provision of sub-section (3) of Section 5 of the Cinematograph Act and the provision of Rule 6 and...... petitioner that; (a)"that the discretion of the Deputy commissioner under section 5(3) of the Cinematograph Act, 1918 to grant licence being an exercise of power by statutory authority under a law such discretion cannot be exercised arbitrarily and must be exercised fairly and reasonable on r..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....he original decree and as such the findings and decisions as arrived at by the High Court 5 Division are liable to be set aside. We find s enough force in his argument. We, therefore, hold that the provision of Rule 29 of Order 21 of the Code of Civil Procedure is not applicable in the instant c...... of the Bainanama (agreement) dated 07-10-1983 in favour of the appellant. That the learned trial Court after due service of summons upon the defendant-respondents and exhausting all the process of law decreed the suit ex-parte on 29-06-1986 but due to failure on the part of respondent No.3 to e..Category: Property Law | Date: | Hits: 31
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....t Ain, 2003, to ascertain the outstanding amount as per section 47 of the Artha Rin Adalat Ain, 2003 but the same was rejected on the ground that on the date of filing of the suit on 27-1-2003 the provision of section 47 was not in existence, and the said section 47 has been provided in Artha Ri......ich was filed prior to the promulgation of Artha Rin Adalat Ain, 2003 and accordingly the order passed by the Artha Rin Adalat rejecting the prayer of the defendant-petitioner is in accordance with law. 5. The High Court Division relied on the judgment and order dated 28-3-2006 passed..Category: Civil Law | Date: | Hits: 104
33243321331933173315331133103305330433033302330132973295329432933291328632853282