Search Options

Judgment Advanced Search

Displaying 5541-5560 of 6825 results.

Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)

....rdi­nance No. XXXVII of 1983 on 8.8.83 whereby it was provided that the trial of any case pending on 8.8.83 before a Sessions Judge, etc. shall continue and be concluded before, 31.12.83. By further amending Ordinances this date was periodically ex­tended. Finally by enacting Ordinance No. XXIII o......ear from the language used in section 339C that it was the intention of the legislature to bid a farewell to the well-known concept of criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there..

Category: Criminal Law | Date: | Hits: 46

Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)

.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......sion to his inherent or implied power, there cannot be any derogation from the natural right of an employee. But this natural right may be circumscribed by the rules of service framed according to law, which lay down the procedure for making such an order. The validity or propriety of an order o..

Category: Employment/Service Law | Date: | Hits: 79

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......ot clear, the High Court Division was wrong in relying on the report of the learned Assistant Judge to the effect that the register of the Rent Suit No.1801 of 1952 was destroyed in accordance with law. It has also been submitted by the learned Coun­sel that as from the plaintiffs' side Exhi..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......c performance of contract without service of sum­mons on the defendants thereof, that the judgment of the appellate Court suffers from misreading of evidence and, as such, same is not sustainable in law. 6. We have heard the learned Advocate-on-Record and perused the materials in the petition fo..

Category: Tenancy Law | Date: | Hits: 156

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ocument till the disposal of the suit, d) that the cost of the suit be decreed against the contesting defendant, e) that the plaintiffs be given any other relief or reliefs he is entitled to in law and equity". 6. As against the aforesaid reliefs the suit on compromise was dec..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......hen it is found that the plaintiff has no title to the suit land, the mutation of the suit land cannot stand in the name of the plaintiff. The lower appellate Court therefore committed an error of law in reversing the decision of the trial Court without considering the plaintiff's title to the s..

Category: Property Law | Date: | Hits: 35

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......f the Dacca Collectorate, that compensation for the said lands had been paid in part and the acquiring authority was entitled to possession thereof on payment of the compensation acc­ording to law, that in  1967 the Board of Re­venue issued a notice purporting to cancel the recogni..

Category: Property Law | Date: | Hits: 36

Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)

....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......lection of the appellant void and declaring responded No. 2 duly elected Chairman of No. 18 Narayanganj (South) Union Parishad, under P.S. Matlab, District Comilla as have been passed with­out lawful authority and of no legal effect. 2. The election of the appellant was held on 13-1-77..

Category: Election Law | Date: | Hits: 122

Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... of Statutes:— “Statutes imposing Burdens.- Statutes which impose pecuniary burdens, also, are subject to the same rule of strict construction. It is well settled rule of law that all charges upon the subject must be imposed by clear and unambiguous language, because i..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)

....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this applica­tion. Accordingly, it is dismissed. Ed. ...... refusal of recall of wit­nesses by the trial Court, the accused petition­ers have been highly prejudiced and the High Court Division having not considered this aspect committed an error of law in passing the impugned judgment which is liable to be set aside. 7. Mr. Mansur Habib, t..

Category: Criminal Law | Date: | Hits: 41

Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)

....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ...... Accounts officer respectively and performing their functions as the heads of each department and their services were regu­lated by Dock Workers (Regulation of Employment) Act 1980 and that the law was later replaced by the Dock Workers (Regulation of employment) Scheme  1983 and the Go..

Category: Employment/Service Law | Date: | Hits: 88

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ......other and respondent No.3 who is his stepbrother, in Court who were also his joint Mutawallies, still he was not aware of the appeal, and as such, the learned appellate Judge committed an error of law in allowing the Miscellaneous Case which occasioned a failure of justice, as the respondent opp..

Category: Trust/Waqf Law | Date: | Hits: 266

Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)

....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......measuring .47 acres of land and is an old woman of 83 years hav­ing two sons and three daughters and the defendant respondent No.1 is her daughter while the defendant respondent No.2 is son-in-law and that the defendant respondent No.1 used to put pressure upon her to transfer some portion o..

Category: Property Law | Date: | Hits: 37

State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)

.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......e judgment and order of the High Court Division, the appellant has filed this petition for leave to appeal before this Division. Leave was granted to consider that the High Court Division erred in law setting aside the order of further investigation passed by the Chief Metropolitan Magistrate in..

Category: Criminal Law | Date: | Hits: 90

State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)

....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ...... the Petition Mr. Abdur Razzaque Khan, learned Additional Attorney General submits, inter alia, that there being cogent evidence against the two respondents the High Court Division committed error of law in acquitting them misreading the evi­dence on record and thus occasioned failure of justice. ..

Category: Criminal Law | Date: | Hits: 43

Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)

.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ......l below that the deed in question is a sale deed arrived at on the basis of oral evidence adduced on behalf of the plaintiff without any consideration of the limitation set by the said provision of law. 8. The plaintiff is not a party to the document (Ext.1) challenging the nature and char..

Category: Property Law | Date: | Hits: 38

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

....on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ...... writ petitioner, it did not create any legal right in his favour and as such the writ petition on its face was without legal foundation. The learned Judges of the High Court Division have erred in law in making the Rule absolute reviewing the earlier judgment of the High Court Division on the gr..

Category: Banking Law | Date: | Hits: 124

Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)

....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ...... Judgment:        Bimalendu Bikash Roy Choudhury J.- All the above appeals by leave arise out of facts akin to each other and involve common ques­tions of law and therefore they have been heard together. 2. C.A.No.32 of 1999 and C.A. No.33 of 1999-..

Category: Employment/Service Law | Date: | Hits: 103

Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ct and submits that the master plan so prepared by RAJUK and approved by the Government under Section 73 of the Act is binding both upon the requiring body and the acquiring body and it would be unlawful for anybody to use the land in any other way. 9. Elucidating the argument he refers t..

Category: Property Law | Date: | Hits: 31

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......oncurrent finding of facts of the courts below without reversing the same on the basis of the evidence on record, but the learned Single Judge of the High Court Division due to its misconception in law, did not consider the evidence on record of a case of concurrent finding of facts by the courts..

Category: Property Law | Date: | Hits: 33