Search Options
Judgment Advanced Search
Displaying 5521-5540 of 5884 results.
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....econd show cause notice was taken as one of the grounds in appeal and the High Court Division acted illegally in not entertaining that contention. Respondent No. 1 entering caveat contended at the time of granting leave that on the appellants' own pleadings it is abundantly clear that the appell......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ssed by the defendants in 1368 BS and as such Article 142 applies in terms. The courts below, however, disbelieved the plaintiff’s case of alleged possession and dispossession but at the same time found his title to the suit land. In such a case, the plaintiff can get recovery of possession......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....ecific performance of a contract for sale of the suit land. The decree was put into execution, Title Execution Case No. 55 of 1984. The appellant came to know of the ex parte decree for the first time on 11 ‑8‑84 on receipt of a notice under section 82 CPC arising out of the said ex......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....he auction‑purchaser. Plaintiff No. 1 and his father could not be the auction‑purchaser at the same Lime as much as plaintiff No. 2 and his father could not be the benamder at the same time. The land acquired in rent execution case in 1931 was far in excess of the suit land, and plai......ght to the notice of Government that in some areas the land‑holders were selling out or otherwise transferring all kinds of lands including waste lands in their khas possession on a large scale with a view to get a greater benefit out of the provisions of the East Bengal State Acquisit..Category: Others | Date: | Hits: 178
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....s' case is that their father Isobullah gave the suit land in kot mortgage to the defendant‑respondent Mahmud Ali by a registered deed dated 25th October, 1928 Ext.1 for a sum of Rs. 200/‑. At the time of mortgage the suit land was worth Rs. 500/‑. Isobullah himself paid the registration costs ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....ivision. 12. In the High Court Division it was argued on behalf of the plaintiff‑respondent that the learned Additional District Judge was wrong in holding, firstly, that the suit was hopelessly time‑barred and, secondly, that the disputed sale was vitiated by fraud. The learned Judge of the ......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....dent approached the Ministry of Commerce which informed that the permission of the CCI & E was got necessary as the import of cement was not restricted. The Customs Collector, however, in the meantime put the said cement to auction sale under section 82 of the Customs Act 1969 to which the respo......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
.... claim was resisted by the pre‑emptees on the grounds that the vendors had offered the land to him for purchase but he refused thinking that he would get the land without any price in due course of time and that within his knowledge they took possession of the land, constructed seven dwelling huts......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....30 AM the appellants along with others trespassed into the dwelling house of the informant Md. Afsar Ali Gharami (PW 1) with intent to kill him and also for committing theft. The informant at that time went out of his house to reply to nature’s call and he allegedly recognized the appellan......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....that the words ‘actual possession' in sub‑section (1) s. 145, mean actual physical possession even though wrongful e.g., that of a recent trespasser in actual physical possession at the time of the proceeding under s.145. In another full bench case, Gaetano Colaco Vs. Joao Rodrigues, ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....er‑in law) and others made a conspiracy to murder Zahura Khatun on the next day. In pursuance of that conspiracy he went to the house of Zahura Khatun who was offering her Esha prayer at that time. Abdul Khaleque first entered into the room by opening the door and put off the light and at t......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
.... and lived in the same homestead of Keramatullah. It is also admitted by the contesting defendant that Keramatullah made the gift in favour of the plaintiff 6/7 years before his death. Thus at the time of gift the plaintiff was a minor baby aged about 12 years and lived in joint mess with donor ......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ion, leave was granted to settle the question whether under the IRO the Labour Court has got the power to grant an ad‑interim order for stay of the operation of an order, impugned before it. At the time of the hearing the appellant is allowed to urge further whether in the respondent's application......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....s remedy under Order 9, rule 13 of the Code of Civil Procedure notwithstanding his filing of appeal which is pending subject to the limitation that the appeal itself is not disposed of in the meantime on merit whereupon he loses his right to pursue the Miscellaneous Case because on the princip......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....n was shown to the detenu where it was alleged that it was necessary to arrest the detenu for public safety and public order. It was asserted that the detenu was not in Bangladesh for quite a long time, arid on his return to Bangladesh he did not do any act that can be called prejudicial to the ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....er husband. She also saw accused Babor Ali going by the southern side of her house with a gun on his left shoulder and a dao in his right hand. Accused Babor Ali was wearing lungi and shoes at that time. PW Rahela Khatun disclosed that she saw all the accused persons killing her husband in the ni......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..Category: Criminal Law | Date: | Hits: 68
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....pondent Nos. 1 and 2 instituted Miscellaneous Case Nos. 300 and 325 of 1975 respectively under Order 9, rule 13 CPC for restoration of Other Suit No. 95 of 1973 before the trial Court. At the same time respondent No. 1 preferred Other Appeal No. 142 of 1976 against the said ex parte decree before......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....appellant No. 1 lodged a First Information Report with Jagannathpur Police Station stating, inter alia, that on 6.10.89 after Magrib prayer a Milad and Waz Mahifil was held in his house and at that time he heard a sound from the eastern corner of his house and going over there he saw that accuse......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....hat it is meant for only one month, but it is a tenancy for an unstated period, which is however, determinable by either party by a notice to quit. Possessory right of a licensee is terminable at any time at the mere will of the person granting the licence. ………………..(14,18) Cases Ref......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)
....6 of 1967 against an Advocate Mr. Amirul Islam, Barrister-at-Law who appeared for the petitioner in the above mentioned Criminal Revision. The impugned remarks are as under:— “At the time of the hearing of the Rule, Mr, Amirul Islam, Barrister-at-Law opened the case but soon therea......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..Category: Others | Date: | Hits: 157
997996995994992991990989988987985984982981980977976975974970