Search Options
Judgment Advanced Search
Displaying 521-540 of 7133 results.
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......re-emptor as P.W.1 did not at all claim service of summonses of the case upon the pre-emptee-petitioners though post. For the discussions made above, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case i.......Appellant Vs. Md. Shahidul Islam P.K. and others .........Respondents Judgment November 15, 2011. Result: The appeal is dismissed. Onus and presumption as to service of summons In case of allegation of non-service of summons upon the defendant/oppos......w about the ex-parte order for the first time on 26.05.1997 when the pre-emptor disclosed that he got the case land through pre-emption; then the petitioners enquired into the matter by engaging a lawyer and came to know definitely about the ex-parte order on 29.05.1997; the petitioners were ser..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......gir Hossain J Human Rights and Peace for Bangladesh........................... Petitioner Vs. Bangladesh and others...................................Respondents Judgment October 26, 2011. Result: The Rule is made absolute. Lawyer’s Involved: Manzill......Rule 61 of Dhaka Metropolitan Building (Construction, Development, preservation and Eviction) Rules 2008, in case of construction near Lalbagh Fort should not be declared to have been done without lawful authority and of no legal effect and/or pass such other or further order or orders as to thi..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ous understanding of the law, facts and without sifting the deposition and reverting the observations of the trial Court set-aside the well reasoned judgment of the trial Court occasioning failure of justice. In course of his argument the learned Counsel placed both the judgments of the Courts below......rty i.e. Department of Forest for appearing at the time of demarcation. Thereafter that the Sreepur Thana Land Officer passed necessary order as well as took necessary step for giving demarcation and accordingly that on 23-4-1981 that the said officer has demarcated the land in presence both side fo...... Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas...... 3. Mr.Mohammad Abdullah, the learned Advocate appearing on behalf of the petitioner submitted that the Appellate Court absolutely on erroneous understanding of the law, facts and without sifting the deposition and reverting the observations of the trial Court set-..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......zam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of Bangladesh and others……………………………….Respondents Judgment October 16, 2011. Result: The Rule is discharged. Whether the resolution taken b......ctober 16, 2011. Result: The Rule is discharged. Whether the resolution taken by the Board of Directors of any Bank relating to total write off of loan has the binding force of law and enforceable by the High Court Division? The resolution taken by the Board of Directors..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... it was beyond the scope of law or the Tribunal to examine such witnesses and record a finding on their statements towards accepting or refusing to accept the FRT. It has also the option, for ends of justice, to direct further investigation in terms of section 18 of the Nari-o-Shishu Nirjatan Daman ...... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......ction) Present: Borhanuddin J Md. Ruhul Quddus J Md. Jasim Uddin…………………….Appellant Vs. Raqib Mia and others…………………………Respondents Judgment October 16, 2011. Result: The appeal is dismissed. Case Referred to- Abul Kashem Khan Vs. ......interference by this Court. On the other hand Dr. Rafiqur Rahman, learned Advocate appearing for respondent Nos.2 and 3 submits that the Nari-o-Shishu Nirjatan Damon Tribunal is creation of a special law namely, Nari-o-Shishu Nirjatan Damon Ain, 2000 and therefore, the Tribunal should be governed st..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....n the basis of defence plea or materials a criminal proceedings should not be stifled before trial when there is a prima facie case for going for trial. Moreover, the interruption of the course of justice will set up a wrong precedent by which the course of justice instead of being advanced readi......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......ob J Abdul Gaffar and others……………………………………Appellants Vs. The State …………………………………………………………..Respondent Judgment October 16, 2011. Lawyers Involved: No one appears-For the appellants. M. A. Mannan Mohon, De...... such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the appellants are nothing but the defence plea. Be that as it may the proposition of law is now well settled that on the basis of defence plea or materials a criminal proceedings should..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......ntiffs, the defendant Paresh filed a compromise petition on 7th June, 1971 with Hasan Ali Driver in the suit acknowledging the previous contract and agreed to execute a sale deed. The suit was accordingly dismissed on the basis of compromise and thereafter, as the defendant Paresh did not ....... Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Respondents Judgment October 11, 2011. Result: The appeals are dismissed. The Specific Relief ......t for specific performance for enforcement of the original contract said to have been executed in 1964 having not been filed within 3 years of refusal, the said contract was barred by operation of law. Mr. Mahmudul Islam contended that Hasan Ali Driver had constructive knowledge about the refusa..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......initiated by them for mutation of the said property in their names. Knowing about this, the complainant-opposite party conducted inquiry and came to know that the said Power of Attorney was false and accordingly he obtained certificates from the concerned UP Chairman to the effect that the said Joya......ion 195(1)(c) of the Code of Criminal Procedure and in such a case the court can take cognizance of the petition of complaint filed by a private person.........................(6) Cases Referred to- Shahera Khatun Vs. Abdur Rahim Sheikh, 13 BLC (AD) 24; Abul Hossain Vs. State, 55 DLR (AD) ......ty Attorney-General appearing on behalf of the State, submits that this is not a fit case for quashment as the contention of the accused-petitioner is misconceived in view of the settled principle of law as decided by our superior Courts in several cases, namely Shahera Khatun Vs. Abdur Rahim Sheikh..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
....he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
......he date of receipt of this Judgment, positively.
Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 64 DLR (HCD)(2012) 65.
...... the election process of the Managing Committee of a Non-GovernmentEducational Institution?
The local Member of the parliament beinga public representative though can contribute with his opinion as toformulation of public policy in public affairs including the management of Non-GovernmentEducation......econdary SchoolEducation Board, Comilla and 5 others………………………….Respondents
Judgment
August 25, 2011.
Result:
The Rule is made absolute.
Can a local member of the parliament lawfully interfere with the election process of the Managing Committee of a Non-GovernmentEducationa..
Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......………….Petitioner Vs. Mercantile Bank Ltd. and another………………………Opposite Parties Judgment August 24, 2011. Result: The Rule is discharged. Cases Referred to- Nizamuddin Vs. Abdul Hamid, 60 DLR (AD) 145; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2...... 5. The petitioner voluntarily surrendered before the Chief Judicial Magistrate, Naogaon with a prayer for bail on 6-7-2009 and on the same date he was enlarged on bail. 6. As per the provision of law the case record transferred to the Court of Sessions Judge, Naogaon, it has been registered and ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......42 of 2000 With Admiralty Suit No.43 of 2000 Judgment AFM Abdur Rahman J.- These 11 (eleven) Admiralty Suits arose out of claim made by the Crew Members against the vessel M.V. ACCORD and accordingly these suits, being Admiralty Suit No. 28 of 2000, Admiralty Suit No. 30 of 2000, Admiral......ORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......ralty Suit No. 39 of 2000, Admiralty Suit No. 40 of 000, Admiralty Suit No. 42 of 2000, Admiralty Suit No. 43 of 2000, were heard one after another and since all the suits involve similar question of law and facts the same are now disposed off by this single judgment. 2. The plaintiff in Admiralt..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....ised by the Constitution for the exercise of the judicial power of the people on behalf of the people, the people will always remain the focal point of concern of the Supreme Court while disposing of justice or propounding any judicial theory or interpreting any provision of the Constitution. V......asons such as that the decision of the Review Panel is contradictory and that BTRC is not bound to implement the same in view of the combined reading of Rules 57, 59 and 60 of the said Rules etc. and accordingly continued the process. Being aggrieved, the petitioners moved this Court and obtained th............Petitioners Vs. People's Republic of Bangladesh, and others.......Respondents Judgment August 17, 2011. Result: The Rule is made absolute. Cases Referred to- Tariq Transport Vs. Sargodha Vera Bus Service, 11 DLR (SC) 140; Bangladesh Sangbadpatra Par...... and Special Audit/Information System Audit of the Telecom Operators in Bangladesh and appointment of respondent Nos.10-12 as the Information System Auditors should not be declared to be without lawful authority and of no legal effect and as to why the respondent Nos. 2-4 should not be directed..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......one-step-out-of-turn promotion on obtaining a Bachelor degree/AMIE was suspended but at the 162nd Board meeting of DESA held on 26.11.2000, the decision of the 28th meeting was held in abeyance while according approval of one-step-out-of-turn promotion to eight Diploma holders who had obtained AMIE/......Institute on 25.08.1984, joined the Bangladesh Power Development Board (P.D.B.) as a Sub-Asst. Engineer. After the creation of the Dhaka Electric Supply Authority (DESA) his service was transferred to and absorbed by DESA. Section 24 of Ordinance No.6 of 1990 provides that officers and employees o......omoted to the post of Assistant Engineer had been so promoted upon special consideration only and not in accordance with the circular dated 11.08.1996; (ii) whether the High Court Division erred in law by not considering that the 162nd Board meeting made the decision of the 28th Board Meeting da..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Md. Rustom Ali and others Vs. State, 2011, 40 CLC (HCD)
....ed in the present Nari-o-Shishu Nirjatan Case and therefore, the present case should be stayed till disposal of Badda Police Station Case No.13(6)07 and Title Suit No.6451 of 2008 to meet the ends of justice. 7. On the other hand, Mr. Nazibur Rahman, learned Deputy Attorney General appearing for ......t, the appeal is dismissed. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......rhanuddin J.-I agree. Ed. This Case is also Reported in: ...... No.13(6)07 and Title Suit No.6451 of 2008 to meet the ends of justice. 7. On the other hand, Mr. Nazibur Rahman, learned Deputy Attorney General appearing for the State submits that the policy of law is that a criminal case should be disposed of with least possible delay. In the facts and circum..Category: Women and Children | Date: 14 Aug, 2011 | Hits: 91
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
....ema Begum) told her that the appellant had kissed on her cheeks. On the following day, she (P.W.11) and her husband went to the School and took up the matter to the Headmaster, who assured them to do justice, but ultimately failed. P.W.12 Sanaullah Master was tendered by the prosecution and the defe......e informant’s sister-in-law could be transferred to the School against his vacant post. After conclusion of the trial, the learned Judge found the appellant guilty of charge leveled against him and accordingly pronounced his judgment and order of conviction and sentence on 21.8.2003 as stated abov......t Judgment August 9, 2011. Result: The appeal is allowed. Lawyers Involved: S.M. Shahjahan with Md. Mohinur Rahman, Advocate - For the Appellant. Md. Monwar Hossain, Assistant Attorney General - For the respondent. Criminal Appeal No. 3504 of 2003. Judgment Md. Ruhul Q......pur and was registered as Nari-o-Shishu Nirjatan Damon Case No.23 of 2000. The learned Judge of the Tribunal by his order dated 13.9.2000 framed charge against the appellant under the said section of law, to which he pleaded not guilty and claimed to be tried. 4. The prosecution in order to prov..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
..... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ...... Vs. Nazirul Hoq..............................................Respondent Order July 25, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General (Karunamoy Chakma, Deputy Attorney General with him) instructed by Mrs. Mahmuda Begum......portunity some miscreants took possession of the said property by force. That the petitioner lodged complaint to the Sub-Divisional Officer (Sadar, South), Dhaka for the eviction of those unlawful occupants but did not get any result. Rather those illegal occupants took allotment of the sa..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....on the rise. Over and above, due to this reason of filing cases in different jurisdictions, we find no uniformity in the judgments on the point of quashment of proceedings and for the interest of justice, this point should be addressed in order to avoid conflicting opinions. 3. Civ......tep in quashing the First Information Report." 32. The Supreme Court noticed that the officer investigating the offences was not clothed with the authority to investigate the offences and accordingly observed that the State Government, if so desired, can direct an investigation "throug......Bangladesh and others....................................Respondents Judgment July 20, 2011. Result: The appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware...... are not legally entitled to any relief from the Court and thirdly, interference of the proceedings by the High Court Division at the stage of investigation of the cases are not permissible in law. 8. Mr. M Amir-ul-Islam argued that over the selfsame incident, the respondent having ins..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ...... Faruk Hossain, 19. Moazzem Hossain, 20. Md. Amal. He came to know that Matin Mehedi was the leader of “আল্লাহর দল”। He tried to arrest the above persons in this case, accordingly Jahurul alias Chad, Belial Hossain and Md. Sadar were arrested and on 23-5-2005 one Holl......said Principle the same can not be accepted as confession, as the same were not in terms of the offence charged against them in this case. Therefore the statement of accused shall not have the effect to bind them nor could it be binding an other co-accused, ever if there is any element in the eviden......ntence is set aside. The condemned-prisoners are acquitted from the charge leveled against them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in term..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ...... Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- record-For Respondent No.2 Not represented-For Respondent Nos.1 & 3-11. Civil Petition for Leave to Appeal No.1239 of 2011. Judgment Surendra Kumar Sinha J. - Plaintiff in a suit for de...... of the learned Joint District Judge. 5. Mr. M. Qumrul Haque Siddique, learned Counsel has placed the judgments and other material on record and submitted that the High Court Division erred in law in affirming the judgment of the trial Court in failing to consider that admittedly the petitio..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... from the date of delivery or from the date when the delivery was ought to be made. That dispute being a dispute upon inland carriage of good the municipal law was applicable and as such his lordship justice Asir decided the dispute on the context of the Limitation Act. In the case of River Steam Na......dertaking for refining and production of Edible Oil which are imported from abroad and in course of the business the plaintiff intended to import Crude Degummed Soyabean Oil (CDSO) from Argentina and accordingly opened Letter of Credit bearing No. 03990112-C, dated 12.05.1999, through the City Bank ...... (Special Original Jurisdiction) Present: AFM Abdur Rahman J M/S. Hasan Vegetable Oil Mills Ltd.6/A, Shashi Bhushan Chaterjee Lane, Gandaria, Dhaka-1204. Represented by its Managing Director Fazlur Rahman……………………………..Plaintiff Vs. 1. M. T. SCEPTRE Flying the ......he evidence led by the parties. 9. Issue No.1: The maintainability aspect of the suit. Although the issue has not been pressed by the parties so seriously, yet as the same involves question of law, it requires decision. To maintain such suits under Admiralty jurisdiction Section 3(2) (ja) of ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
85958540900785697351536185458805857085038478880279535017735069468547876686138512