Search Options
Judgment Advanced Search
Displaying 5321-5340 of 5867 results.
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Nowab Ali, Advocate- on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 78 of 1992. (From the judgment and order dated January 19, 1992 passed by the High Court Division, Dhaka in Writ Petition No. 64 of 1992). ...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......vi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. A Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Nowab Ali, Advocate- on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 78 of 1992. (From the judgment and order dated January 19, 1992 passed by..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....nior Advocates instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents in both the Petitions. Civil Review Petition Nos. 14 & 15 1984. (From the Judgment and order dated 28.3.84 passed by this Court in Civil Appeal Nos. 31 and 32 of 1983). Judgment &n...... of US $ 90,679.39 "excluding interest and penal interest". We do not think that the award of interest and penal interest fill the institution of the miscellaneous case escaped our notice because the omission seems to be deliberate, especially in view of the fact that we specific......ment Mustafa Kamal J.- These two petitions were admitted for review of the judgment of this Court dated 28.3.84 passed in Civil Appeal Nos. 31 and 32 of 199..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....structed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by the High Court Division in Writ Petition No. 95 of 1993). Judgment: ...... Division of the Supreme Court, was appointed Chairman of the Settlement Court on contract for one year, but within three months his contract was cancelled on payment of one month's pay in lieu of notice in terms of the contract. He challenged the order of cancellation by a Writ Petition taking ...... Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by th..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....77 of 1992) Not Represented-For the Respondent Nos. 2-64 (In Civil Appeal No. 77 of 1992) Civil Appeals Nos. 44, 45, 46, 47, 48, 49, 62, 63, 76, and 77 of 1992. (From the judgment and order dated 12.5.92 passed by the High Court Division, Dhaka in Writ Petitions Nos. 4, 111,134, 847, 1426 ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......on. By these Rules seniority of the ad‑hoc appointees is to be counted from the date of their original appointment on ad hoc basis, whereas their seniority was to be counted under the Rules then in force from the date of their regular appointment on the basis of recommendation of the Public Servic..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....ud the complainant-appellant. Facts are, that accused Amatun Nessa (acquitted since then) inherited 28 3/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 on consideration of Taka 2500.00 but after 10 days she again sold the same land......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......pecial leave is from an order of acquittal passed by a Single Judge of the High Court Division on April 12,1979 in Criminal Appeal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 of the P..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....Hossain Senior Advocate (Khademul Islam Chowdhury, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-For the Respondent. Civil Appeal No. 27 of 1993. (From the Judgment and Order dated 9 December, 1992 passed by the High Court Division, Dhaka in Civil Revision No. 2112 of 1992.)......s from the date of the decree (Art 152 Limitation Act.) Admittedly the appeal was filed on 9.6.92 more than (eleven) years after the decree was passed on 26‑1.81. The learned District Judge himself noticed in his order dated 9.6.92 that the appeal was barred by 10 years 301 days but even then he a......tion Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved by the Appellate Division ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
..... 1. Abdul Malek, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddiqe Advocate-on-Record-For the Respondent No. 2. Criminal Appeal No. 3 of 1993. (From the Judgment and Order dated 2nd December, 1992 passed by the High Court Division, Dhaka in Criminal Revision No. 1663 of 1......sly proceeded to declare the girl to be a major upon physical appearance and other extraneous considerations. 10. In view of the new developments and submissions made on behalf of the appellant as noticed in the beginning, it is not necessary to dilate on all the points raised at the time of gran......ted in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ructed by Abu Backkar, Advocate-on-Record-For the Petitioner Not represented‑Respondents Civil Petition for Leave to Appeal No. 290 of 1990, (From the Judgment and Order dated 18.6.90 passed by the High Court Division, Dhaka in Writ Petition No. 1677 of 1988.) J......tances. 9. Mr. Hakim next submits that the Court of Settlement disposed of the matter in a summary way and its conclusions are far from satisfactory, which the High Court Division failed to notice. 10. So long as the Court of Settlement acts within jurisdiction and does not ......ksumul Hakim, Senior Advocate (Md. Zaker Hossain, Advocate with him) instructed by Abu Backkar, Advocate-on-Record-For the Petitioner Not represented‑Respondents Civil Petition for Leave to Appeal No. 290 of 1990, (From the Judgment and Order dated 18.6.90 passed by th..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....m), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents (in CA 79 of 1992). Civil Appeals Nos. 42 and 79 of 1992. (From the judgment and order dated 25th June, 1992 passed by the Administrative Appellate Tribunal Case No. 71 of 1991) ......r of the Administrative Appellate Tribunal, dated 25 June 1992, declaring void an order of the employer terminating the service of the employee by paying three months pay in lieu of three months notice. 2. The employer is Bangladesh Bank and the employee, Abdul Mannan, is the then ...... service. The Board of Directors of the Bank, by an order dated 29 December 1988 terminated his service under the Bank's Staff Regulation No. 12 (ii). He challenged this order by a Writ Petition before the High Court Division which, after issuing a Rule thereon and hearing the parties dismissed ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 2 & 6. Ex parte—Respondent Nos. 3-4. Civil Appeal No. 148 of 2002. (From the judgment and order dated 6th February, 2000 passed by the High Court Division in Writ Petition No. 937 of 1995). ......e basement floor of the said multistoried shopping complex and thereafter in the month of April, 1994 started construction of the same whereupon the Authorised Officer of the respondent No.2 issued notice dated 21-4-1994 under section 3B of the Building Construction Act 1952 (as amended in 1987),......ka Municipal Corporation ignored this demand and allowed itself to be perverted at the instance of vested interests, i.e. respondent no. 1, respondent no. 5 and the allottees of the shops. It is unfortunate to witness the close collaboration between them. It is a glaring instance where responden..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....om what point of time he started to possess the land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of t......e judgment of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute upon observing that the trial Court noticed the internal incongruity in the cartridge paper on which agreement for sale was drawn up in......e land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been..Category: Property Law | Date: | Hits: 59
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
.... Civil Petition for Leave to Appeal No. 1405 of 2002. Judgment Abu Sayeed Ahammed J.- Petitioners seek leave to appeal against the judgment and order dated 12-5-2002 of a Company Judge of the High Court Division passed in Company Matter No. 5 of 19...... company impartially to find out as to whether the accounts were properly maintained in accordance with law and whether there was any profit since its inception." 6. It is noticed that the learned Company Judge discussed the materials on record in a threadbare manne........Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under the provision of ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....ondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed by the High Court Division in Writ Petition No. 3773 of 1996, 2746 of 1997 a...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......te with him) instructed by Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed b..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....-on-Record — For Respondent No. 1. Not represented — Respondent Nos. 2 and 3. Civil Petition for Leave to Appeal No. 1190 of 2004. (From the judgment and order dated 7th August 2004 passed by the High Court Division in Civil Order No. 291 of 2004). Ju......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... (I of 1877), Section 42 A plaint can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plaintiff under this provision the Court should carefully consider the nature o..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....p;…….Appellant Vs Rana Awan and others......................Respondents Judgment July 25, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitution, as in the present case, bill has to be ...... Subordinate Judge (now Joint District Judge), First Court Dhaka in Money Execution Case No.5 of 1979, rejecting the application dated 30-9-1991 filed by the appellant praying for withdrawal of the notices dated 3-3-1991 and 24-7-1991 issued by the above executing Court under Order XXI, rules 52 ......, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitution, as in the present case, bill has to be introduced in Parliament to provide for appropriation out of the Consolidated Fund. The words "shall be regulated by an Act of Par..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Not represented—Respondents. Civil Appeal No. 267 of 2002. (From the Judgment and Order dated July 23, 2001 passed by the High Court Division in Civil Revision No. 4097of1996) Jud......la dated May 26, 1980 by the opposite party No.2, a co-sharer of the holding (in the Miscellaneous case) to the opposite party No.1 (in the Miscellaneous case), a stranger without serving any notice under section 89 of the State Acquisition and Tenancy Act, 1950, that he came to know about ......a Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer available. But if reconveyance be a collus..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
....cate-on-Record—For the Appellants. Md Nawab Ali, Advocate-on-Record—For the Respondents. Civil Appeal No. 587 of 2001. (From the Judgment and Order dated May 26, 1997 passed by the High Court Division in Civil Revision No. 343 of 1995). Ju......f land of the aforesaid plot to the pre-emptor on September 12, 1985 and thus he became co-sharer of the holding in question i.e. holding No. 1151, that opposite party Nos. 3-10 without serving any notice on the pre-emptor transferred the property sought to be preempted to the opposite party (in ......Division on independent consideration of the materials on record concurred with the finding of the lower appellate Court that the pre-emptees are the co-sharers of the holding by inheritance long before the dispensed sale. The pre-emptor is a co-sharer to the case holding by purchase. Prayer for ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....ts. NI Bhuiyan, Advocate-on-Record—For Respondent Nos. 14. Not represented—Respondent No. 5. Civil Appeal No. 301 of 2002. (From the Judgment and Order dated July 31, 2000 passed by the High Court Division in Civil Revision No. 356 of 1990). J......eir names mutated in respect of the land of sub-plot No. 203/31, that the plaintiffs came to know from the Revenue Officer, that on obtaining the certified copy of the plaint and the decree it was noticed by the plaintiffs that the plaintiffs of the said suit i.e. Title Suit No. 43 of 1978, who ......08), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitioner. Filing o..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....lah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 564 of 2003. (From the judgment and order dated 9-2-2003 passed by the High Court Division in Civil Revision No. 5151 of 2000). Judg........Respondents Judgment May 2, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory provision of law. The High Court Division rightly set aside ......he mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge without complying with the provisions of law. The case is set back for trial rightly in accordance with law…………………&he..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....1999). Not represented- Respondent No. 1 (In Civil Petition No. 1674 of 2004). Civil Petition for Leave to Appeal Nos. 1674-75 of 2004. (From the judgment and order dated 17-8-2004 passed by the High Court Division in Writ Petition Nos. 3420 and 3936 of 2001). ......lso accepted rent treating the petitioner as tenant of the said premises. The petitioner also paid rent to the full extent in respect of premises. Thereafter the petitioner all on a sudden received a notice dated 2-7-2001 issued by respondent No. 1, Assistant Director (Estate) RAJUK addressed to the...... The Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972), Article 10 Tenancy right of the petitioner after death of his father continued as before as he was accepted as tenant by the abandoned property authority by receiving rent from him. If..Category: Tenancy Law | Date: | Hits: 67
11271126112511241123112211211120111911171116111211101106110511041102110111001098