Search Options
Judgment Advanced Search
Displaying 5781-5800 of 7097 results.
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......bstituted heirs of deceased defendant No.1 are bound by the contract. 12. Mr. Khandker Mahbubuddin Ahmed, learned Counsel for the plaintiff-appellant, submits that the High Court Division erred in law in deducing absence of defendant No.1 from the talks on 1-9-73. It is no good reason to say th..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......imed to be tried. The defence plea was that the confessional statement of Mafizuddin was neither voluntary nor true and the same was extracted by the police inhumanly torturing him keeping him in unlawful police custody. 3. The prosecution in this case examined 14 witnesses and the defenda..Category: Criminal Law | Date: | Hits: 40
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....plication is allowed, the Commission is required to examine the relevant records and other evidence, if any, and the order of the Commission shall provide the terms of settlement. The aforesaid provision of law has not been complied with. The impugned order of the Commission thus suffers fro......xure-C series to the writ petition) and finally revised demand notice (Annexure-G series to the writ petition) served upon the writ petitioner by the writ-respondent No.4 to have been made without lawful authority and is of no legal effect and further directed the Taxes Settlement Commission (wr..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....on No.171 of 2003 discharging the Rule obtained impugning the order of June 10, 2002 of the Office of the Administrator of Waqfs directing the District Magistrate, Chittagong for taking action as per provision of section 64(1) of the Waqfs Ordinance, 1962 (the Ordinance) for evicting the writ-petiti......able to be evicted as per provision of section 64(1) of the Ordinance, that they being the tenants in the property of the Waqf Estate and their tenancy having not been terminated in compliance of the law they are not liable to be evicted from their respective shops even under the prov..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....ain Biswas & others………Respondents Judgment December 13, 2004. The Evidence Act, 1872 (I of 1872), Section 90 Legal presumption of a thirty years old document by virtue of the provisions of section 90 of the Evidence Act, 1872 is rebuttable. The mere fact that the document is......ce of the respective parties made the Rule absolute on fact and the further submission that the High Court Division has nowhere found that the finding of the appellate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illega..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....ough the constituted attorney Chinta Haran Roy as such question of locus standi to proceed with the suit is not entertain able, that the suit is not barred by limitation in the context of the provision of Section 18 of the Limitation Act. 8. The contesting defendants went on appeal......nants including the defendant No. 3 (Respondent No.7), that defendant No.5 (Respondent No.8) being his relation has been enjoying a portion of the land in suit as lisencee, that in the year 1968 when law and order situation in the locality deteriorated he left the area for the time being and could n..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....erence may be held to the case reported in the case of M.A. Naser Vs. Chairman, Pakistan Eastern Railways reported in PLD 1965 (SC) 83 wherein it has been held that:- "Under the provisions of section 42 of the Specific Relief Act a person entitled "to any legal character......la Tyres demand exceeding the limit and/or the target fixed by the defendants at 5000 Truck Tyres in addition to the 5000 sets of Non Truck Tyres for Bangladesh market. That the defendants have no lawful authority, power and/or jurisdiction to make any open or underhand dealing with any person o..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
.... appellant two months time in view of non-issuance of any notice under section 80(1) of the Code of Civil Procedure by the plaintiff respondent and as such there being gross violation of mandatory provision of section 80 of the Code, the trial court as well as the court of appeal below co...... Rule obtained in the Revision, was discharged. Hence is this appeal. 6. Leave was granted to consider the submissions of the appellant that the High Court Division committed error of law in not considering that upon the averments as made in the plaint the very auction sale was void..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....petitioner deliberately misrepresented and concealed his age. The High Court Division after hearing discharged the Rule. 4. The learned counsel appearing for the petitioner referring to the provisions of Articles 116 and 117 of the General Financial Rules submits that the date of birth sh...... (1999)4 MLR (AD)167 discharged the Rule and further, the termination of the petitioner from service without notice or any proceeding is violative of the principles of natural justice and also the law and rules prescribed for such Headmaster of a recognized Non- government High School. 5...Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......er dates mentioned above." 4. Mr. T.H. Khan, learned Advocate for the petitioner, has submitted that the view expressed above regarding jurisdiction of the Vacation Judge is not sound and valid in law and further the two paragraphs together (particularly the second one) cast aspersion upon th..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....on is dismissed. The Bangladesh Shilpa Bank Order, 1972 (PO 129 of 1972), Articles 33, 34 & 35 The Constitution of Bangladesh, 1972, Articles 32 & 47 Upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will appear that different means have been pro......nt. To answer his submissions, briefly, it may be observed that the Order is a protected legislation under Article 47(2) of the Constitution and no provision thereof shall be deemed to be void or unlawful on the ground of inconsistency or repugnance to any provision of the Constitution. Secondly..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....The Criminal Procedure Code, 1898 (V of 1898), sections 1(2), 339C The Special Powers Act, 1974 (Act XIV of 1974), section 29 Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Special Statute, the trial will linge......Section 339C of the Code is intended for expeditious trial. If this provision for speedy trial is not applied to a trial under the Special Statute, the trial will linger in the case under the special laws, whereas that under the general law shall be concluded speedily. This will bring about an anoma..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...Category: Election Law | Date: | Hits: 146
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
.... delivered possession of the two vessels to it on 5.1.89. The petitioners called in question the sale of the vessels, in the writ petition, as aforesaid raising various grounds as to violation of the provisions of the B.S.B. Order 1972 and the relevant Rules. The High Court Division, however, in a l......s neither any mala fide nor arbitrariness on the part of the Bank. 7. As to the contentions on the basis of Art. 34(1) of the BSB Order and the Rules, we do not think that they are well-founded in law. It is not disputed that the Bank has jurisdiction to sell the mortgaged property of the bor..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the case pending before the CMLA for review survives and in para of the proclamation provision has been made enabling the President to make an order whenever necessary in respect of suc...... 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the case pending before the CMLA for review survives and in para of the proclamation provision ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of ele......he Central Press Staff Quarter Primary School Centre could not take place as the Presiding Officer, the Election Officer and others had fled away from that centre due to disturbance and deteriorating law and order situation. It was further asserted by respondent No. 1 that on an application filed ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......claration and really it is immaterial as to who recorded a dying declaration. For non-examination of such a person no exception can be taken if the same has been legally proved in accordance with law. This being the position in law, I fail to understand how it could be argued that it is obliga..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
....on 195(1)(c) of the Code of Criminal Procedure is barred. 5. We are of the view that the High Court Division on proper consideration of the materials on record and considering the provision of section 195(1)(c) of the Code of Criminal Procedure arrived at a correct decision. The...... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......er the above Commerce Bank and Investment Limited, which became defunct in the year 1992 did not file the above suit. So we are of the view that the High Court Division on applying the principle of law as applicable in the present case arrived at a correct decision which does not suffer from any..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......udicial confession of the condemned prisoner to be true and voluntary. The judicial confession of the condemned prisoner was not retracted at any stage. 8. It is now the settled principle of law that judicial confession if it is found to be true and voluntary can form the sole basis of co..Category: Criminal Law | Date: | Hits: 57
22712270226622652264226322622260225922582257225622552254225322522251225022492247