Search Options
Judgment Advanced Search
Displaying 5501-5520 of 7097 results.
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....rial does not bar a subsequent trial of the accused. But we find it difficult to accept the submission because it is now well settled that either to attract Article 35(2) of the Constitution or the provisions of section 403(1) of the Code of Criminal Procedure the first trial must have been befo......Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should not be declared to have been passed without lawful authority and why direction should not be made for quashing the proceedings against the appe..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......strate for taking necessary actions after complying with the requirement of section 200 of the Code of Criminal Procedure apparently suspending the proceedings of the said Sessions case is tenable in law. 9. Some important facts are now recapitulated by way of reiteration in the interest of the p..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... the eye of law. The High Court Division considering that the Defense of Pakistan Ordinance and Rules came in the year 1965 were repealed in the year 1969 but by Ordinance No. 1 of 1969 some of the provisions of the Defence of Pakistan Rules were kept alive and continued and thereafter by Act No. ......als by leave arise out of the judgment and order dated 23.7.2000 passed by the High Court Division in Writ petition Nos.3002 and 3029 of 1999 and in both the appeals similar facts as well as point of law are involved, those were heard analogously and are disposed of by this single judgment. 2. I..Category: Property Law | Date: | Hits: 40
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......e are of the view that the High Court Division has correctly assessed the evidence and considered the facts and circumstances of the case and recorded the conviction and committed no error of law causing any miscarriage of justice in accepting the death reference in part. We find no ..Category: Criminal Law | Date: | Hits: 33
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......er the submission that while keeping the judgment reserved the impugned direction to the lower appellate court to perform some jobs which is not in siesin of the matter, is not sustainable in law and the submission that while exercising revisional jurisdiction, the High Court Division ..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......and possession in, the suit land upon reassessment of evidence without reversing the material findings and without giving any finding as to how the lower appellate Court committed an error of law within the meaning of Section 115(1) of the Code of Civil Procedure. Learned..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......No. 316 of 1988 making the Rule absolute declaring that confiscation of the vessel as well as imposing of penalty on the writ petitioners and each of the members of the crew are illegal and without lawful authority. 2. The respondent No.1 filed the above writ petition stating, inter alia,..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......r the respondent-writ petitioner filed the above writ petition and obtained the impugned order dated 17.8.2005 whereby the aforesaid order dated 8.8.2000 of the Land Appeal Board was declared without lawful authority. 7. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submit..Category: Property Law | Date: | Hits: 31
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......did not challenge the Sale Deed No. 4979 dated 22.12.1963 executed in favour of Hosne Ara and others to the extent of their shares and so the trial court as well as the High Court Division erred in law in not allowing the application dated 10.9.2001 for addition of party on an erroneous view..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
....ot co-sharers in the land and no notice of sale was served upon the preemptor. The sale deed with reference to the land under pre-emption was entered in the volume of the deed on 12-07-1999 as per provision of section 60 of the Registration Act. The preemptor obtained the certified copy of the d...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ..Category: Property Law | Date: | Hits: 26
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......n that by summarily allowing the revisional application, the High Court Division practically gave substantive relief sought in the revisional application and hence the High Court Division erred in law in passing the impugned judgment and order. 4. We have heard Mr. Md.Waliul Islam, the l..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
.... The appeal so filed was barred by time and as such an application for condonation of delay was filed. 7. The delay in filing the appeal was 3 months and 16 days. 8. The appeal as per provision of section 6(2) of the Administrative Tribunal Act was required to be filed within 3 (thr......lected in the judgment of the Administrative Tribunal clearly show that the appeal was filed beyond the period as provides in section 6(2A) of the Administrative Tribunal Act, 1980. 14. The law as in the Act empowers the Administrative Appellate Tribunal to condone the delay in filin..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....Ministry of Commerce, filed an affidavit-in-opposition and after stating that all the allegations of the appellant in the writ petition are matters of record and need no comment, stated that as per provision of the Insurance Act, 1938 the Controller of Insurance is empowered to grant certificate o......o why the impugned action of failing to issue a permission letter in respect of the registration of the Agrani Insurance Company Limited (Proposed) should not be declared to have been taken without lawful authority and/or to be unconstitutional as being violative of the appellant's fundamental r..Category: Business or Commercial Law | Date: | Hits: 81
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......defendant No.5 contested the case by filing written statement denying material allegations made in the plaint contending, inter-alia, that the penalty was awarded in accordance with law. 4. The case was fixed on 25.05.2004 for hearing but the petitioner failed to appear bef..Category: Administrative Law | Date: | Hits: 90
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......nd that the Title Suit No.346 of 1977 was decreed ex parte on 05.06.1980. The High Court Division held that this will be sometimes after 1980 as the ex parte decree was passed on 05.06.1980 and the law on enemy property itself died with the repeal of Ordinance 1 of 1969 with effect from 23.0..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....lleged to exist, whether jointly, severally or in the alternative, where, if such persons brought separate suits, any common question of law or fact would arise." 11. The aforesaid provision has done away with in respect to the same cause of action previously appearing in the Co......transaction or series of acts or transactions is alleged to exist, whether jointly, severally or in the alternative, where, if such persons brought separate suits, any common question of law or fact would arise." 11. The aforesaid provision has done away with in respect to ..Category: Property Law | Date: | Hits: 22
Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)
....itted a final report making lengthy statements, he admitted to have received the medical report as to the injuries on the person of the victim. 13. Be that as it may, the Tribunal under the provision of Section 27(1) of the Ain exercised the jurisdiction vested to the tribunal to take cog...... 2. The facts, in short, are that Mossammat Fatema Akhtar, a niece of informant Abu Taher got married to accused Abu Hanif. After marriage her husband went to Saudi Arabia with the help of his in-laws for earning his livelihood. During his stay in Saudi Arabia other members of his family used t..Category: Criminal Law | Date: | Hits: 41
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 519. ......henticated by Notary Public at Khulna while the plaintiff was serving there obtaining his signatures thereon converting the same as confirmation of oral gift though no formalities as required under law took place in this behalf. The further case of the plaintiff is that the name of the witnesses..Category: Property Law | Date: | Hits: 20
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ......us possession in the suit land since the time of Ali Mamud and after the State Acquisition and Tenancy Act came into force, the petitioners as heirs of Ali Mamud has become tenant by operation of law under the government." 17. In view of the materials on record we hold th..Category: Property Law | Date: | Hits: 22
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ...... possession of the plaintiffs in the suit land and so the suit having been filed against a wrong person is not maintainable. The High Court Division further held that the settled principle of law is that the plaintiff is to prove his/her own case but in support of plaint case the plaintiffs..Category: Property Law | Date: | Hits: 29
27102708270727042702270127002699269826972696269426932687268626852683268026792678