Search Options
Judgment Advanced Search
Displaying 5441-5460 of 6365 results.
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......frustrate the claim of pre-emption of the defendant No. 11 for which he has already filed Miscellaneous Case No. 18 of 1992. Thereupon the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. 7. The High Court Division discharged the Rule on the f..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....n for consideration is whether the learned Judge of the High Court Division at all acted judicially in setting aside the appellate judgment and decree in favour of the defendants upon relying on a totally extraneous matter unrelated to the contending issues between the parties. After hear&s...... of the Courts below found that the plaintiff had not had full opportunity to defend himself in the enquiry or that there was any violation of the rules which the Board had decided to follow in the absence of its own approved rules. Mr. Saifur Rahman could not find any fault in the appellate jud......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ness on 02.04.2001 from the office of respondent No.5 but the petitioners with great surprise observed that there was no logical proportionate and lawful reflection of the petitioners contribution of total Tk.5, 00,22,000.00 (Taka five crores and twenty two thousand) in the sponsor's share capital a......pondent to prove his case and to disprove the definite case of the respondent-petitioner i.e. the petitioner. The learned Advocate further submitted that the High Court Division failed to consider in absence of any active participation of the respondent Bank, which do not come under section 43 of th......sand) is liable to be interfered with. The learned Counsel submitted that the learned Judge taking company matters, erred in law in misinterpreting and misconstruing the scope and extent of the power/jurisdiction vested in the Court under section 43 of the Companies Act, 1994, which has materially a..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....equently amended by memo dated 20.01.1996 issued by the Ministry of Public Works allotting 8 kathas of land from C.S. Plot No.177 of Mouza-Begunbari, P.S. Tejgaon, Dhaka and the writ petitioner paid total premium of Tk.8, 00, 0007-and thereafter possession was delivered to them on 12.10.2000 as per......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ...... paper transaction. In fact the appellant entered into the land in question on 16.10.2000 and dispossessed the writ petitioners. The allotment of the land to the appellants having been made without jurisdiction and the writ petitioners having been illegally evicted in pursuance of the aforesaid un..Category: Property Law | Date: | Hits: 91
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......al as the appeal stood barred by limitation being not filed within 30 days from the date of judgment and order and there being no other legal remedy available to the petitioner, he invoked the jurisdiction under Section 561A of the Code. 4. He thereafter submits that the case b..Category: Criminal Law | Date: | Hits: 55
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......motion. The Writ Petitioner made representation and the Board appointed an enquiry committee but since then nothing has been done. The writ petitioner then moved the High Court Division in its writ jurisdiction of Writ Petition No.133 of 1999 and obtained a rule which was subsequently made absol..Category: Employment/Service Law | Date: | Hits: 91
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......laintiffs title in the shop has been extinguished, that by purchase possession of the shop defendant has not got the title of the shop. 7. The defendant moved the High Court Division in revisional jurisdiction. The said Division made the rule absolute on the findings that the plaintiff received T..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......tioner as against the order dated 16th August 1993 rejecting his application filed under section 10 read with section 151 of the Code of Civil Procedure moved the High Court Division in revisional jurisdiction and obtained the Rule as mentioned herein above. The High Court Division after final h..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......aw in passing the judgment and decree and as such no interference is called for. As against the judgment and decree of the appellate Court the defendants moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division discharged the Rule on the findings that t..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....e High Court Division that the writ petitioner could seek clarification/ interpretation of the impugned order of respondent No.1 in Civil Revision No.1207 of 1999 before the High Court Division is totally unwarranted and uncalled for. 14. The observation of the High Court Division that th......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... device to side track a proper and legal process obviously to ignore the order of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any or..Category: Trust/Waqf Law | Date: | Hits: 190
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....t the accused petitioner was one of the directors of the company who acted as the Managing Director of the company since 1977 and during tenure of the office of the accused petitioner he showed the total amount of calls received as on 02.07.1995 as TK. 1,00,00,000/- (one crore) and that during au......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......in the 263rd meeting recommending promotion of the respondents and so the petitioners are legally bound to implement the same and the so called condition of vetting by the Chairman was without jurisdiction and as such the order passed by the High Court Division does not suffer from any ille..Category: Employment/Service Law | Date: | Hits: 81
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ...... The onus of proof that it was the condemned prisoner and none else who killed his wife and daughter was all along with the prosecution. The onus never shifted on the condemned prisoner in the absence of any proof beyond reasonable doubt that he was present in the house when the occurrence t......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....fendants. The trial Court on consideration of the application for amendment rejected the same on contest by order dated 3-9-2000 on the ground that the amendment sought, if allowed, would totally change the nature and character of the suit. The plaintiffs then challenged the aforesaid o......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ...... can be allowed in the discretionary power of the Court and such discretion is required to be exercised judicially and not in an arbitrary or perfunctory manner amounting to an illegal exercise of jurisdiction. An amendment to the plaint must not be allowed if it tends to change the character of..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....a Rin Adalat, Sylhet and renumbered as Title Suit No. 71 of 1991 stating, inter alia, that the land of SS Plot Nos. 7430, 7431 and 7432 were wrongly recorded in settlement records but, in fact, the total area of the land according to physical possession and measurement was 0.42 acres as described......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is proved he is entitled to get land partitioned through court. A co-..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......ka & another.......Respondents Judgment February 5, 2007. The Code of Civil Procedure, 1908 (V of 1908), Section 151 A party cannot have recourse to the inherent jurisdiction of the Court under section 151 of the Code of Civil Procedure where an alternative rem..Category: Civil Law | Date: | Hits: 115
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......price, to which government did not agree, is not material and relevant in the background of the facts and the question calling for determination. The sole question is, how far the Government in the absence of attracting the provisions of Clauses 17, 21 and 24 of the lease agreement in respect of......ember 1, 1998 granted lease of Balumohal to the respondent No. 4 Shamirn Ahmed for the year 1405 BS. 4. As against the said action the appellant moved the High Court Division in writ jurisdiction impleading the respondents and obtained the Rule. 5. The Rule was opposed..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ...... The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat is final and conclusive and the aggrieved party cannot invoke revisional jurisdiction of the civil court including the High Court Division under section115 of the Code of C..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....reported in 27 DLR (AD) 1 wherein it has been observed "in a case of murder the age of injuries is an important fact to determine the approximate time of occurrence". The fact of the reported case is totally different from the facts of the instant case since in the reported case the question for con......edure. The High Court Division also considered the relationship of the witnesses and in the background thereof considered them as interested witnesses. The said Division also considered the matter of absence of corroboration of the prosecution case by independent and disinterested witness as well as......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ...... from the 3rd group in terms of Waqf deed and in accordance with the judgment and order dated 07.05.2001 of the Appellate Division in Civil Petition Nos.257 and 517 of 2001 and acted without jurisdiction directing the Administrator of Waqfs to appoint M. Rafiul Karim as Mutwali from the Fi..Category: Trust/Waqf Law | Date: | Hits: 199
21512150214521442140213721342133213121302128212421232122212121202117211621142113