Search Options
Judgment Advanced Search
Displaying 5801-5820 of 5867 results.
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....vi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 519 of 1998. (From the Judgment and Order dated 2-4-98 passed by the High Court Division in Civil Revision No. 1219 of 1998). Judgmen......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ...... July 13, 1998. The Code of Civil Procedure, 1908 (V of 1908), Section 24(1)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is a party to the case. The High Court Division rightly did n..Category: Property Law | Date: | Hits: 71
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
....bsp; Mustafa Kamal J.- This petition for leave to appeal by the plaintiff-petitioner is from the judgment and order of a learned Single Bench of the High Court Division dated 20-5-96 rejecting summarily the petitioner’s revisional application Civil Order No. 19...... Court of Subordinate Judge, Dhaka dismissed the appeal by judgment and order dated 24-4-96. The petitioner’s revisional application was also dismissed by the High Court Division as already noticed. 3. The suit is for custody of the plaintiff-petitioner’s son and was f...... Act, 1890 (VIII of 1890), Section 12(1) A father cannot be denied access to his minor son while in the custody of the mother. The Petitioner has been permitted to apply to the Family Court for making suitable arrangement to visit his son on regular basis when the petitioner is stationed..Category: Family Law | Date: | Hits: 156
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complying with the provisions of section 43(2). Even if there be any......ted in the Provincial Government. We are unable to accept this Contention.” 6. The High Court Division did not accept the contention of the petitioner. The said court noticed that the view taken by the High Court in Shah Md. Elias vs. Province of East Pakistan was c......Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complyi..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
.... cause notice to the said defendants. In pursuance thereof, the defendants entered appearance and filed a written objection thereto. As no step was taken by the plaintiffs on 12 February 1997, the date fixed for hearing of the matter the application was rejected by the learned Assistant Judge af......made an application for temporary injunction restraining defendant Nos. 1 and 2 from taking any step to realise the said amount from them. The learned Assistant Judge thereupon issued a shoe cause notice to the said defendants. In pursuance thereof, the defendants entered appearance and filed a ......ecord-For the Petitioners. Shamsul Haque Siddique, Advocate-on-Record-For the Respondents Nos. 1 & 2. Not represented— Respondent Nos. 3-5. Civil Petition for Leave to Appeal No. 629 of 1997. Judgment ..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....uty Attorney-General with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the respondents. Civil Petition for Leave to Appeal No. 799 of 1997. (From the Judgment and Order dated 4-8-1997 passed by the High Court Division in Writ Petition No. 4638 of 1997). Judgment ......another Bench could not attend the hearing of the application. He submits that the procedure adopted is highly improper and the Division Bench which did not issue the Rule Nisi ought to have issued a notice to the writ petitioner to appear and ought not to have disposed of the application on hearing......ur. The operation relating to discharge of bulk wheat from free outturn vessels berthed in Chittagong Silo Jetty under vacuvators is a matter relating to public interest and it cannot be stopped even for a moment unless the public interest is shown to be subjugated to the private interest of the wri..Category: Others | Date: | Hits: 113
....Md. Wahidullah, Advocate-on-Record-For Respondent No. 5.
Not represented— Respondent Nos. 3, 4 & 6.
Civil Petition for Leave to Appeal No. 552 of 1998
(From the judgment and order dated May 5 passed by the High Court Division, Dhaka in FMA No. 1998).
Judgment
ATM Afzal ......the defendant No.1 Bank at BCCI Bhaban, 30-3 1, Dilkusha Commercial Area, Dhaka or elsewhere.
3. The plaintiffs by another application prayed for temporary injunction in the above terms and upon notice, the defendants put in their written objection.
4. For the present purpose it will be su......missed.
The Companies Act, 1994 (VIII of 1994), section 83 (3)
(i) It does not appear from the impugned judgment that the minutes of the meeting was either prepared or produced at any stage before the Court. Rather, the High Court Division observed that the defendants did not produce a scrap..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....rd — For the Appellant. Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record respondent No. 1. Dispensed with Court Order dated 18-7-97— Respondent No. 2. KS Nabi, Attorney-General — Amicus Curia......and provided for a period of expiry of interim orders. The Indian Constitution does not contain any limitations at all, save the provision for review of the interim order if it was obtained without notice to the other side, viz. Article 226(3) introduced by the Constitution (44th Amendment) Act,......ed within a time-frame or which is primarily financed externally on pain of lapse of financial support if not completed within a certain period and so on. Salus populi est suprema lex—Regard for the public welfare is the highest law—and in each case the High Court Division will consi..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....li since acquitted in appeals was charged under sections 467/109 of the Penal Code. The accused-petitioner was found guilty and sentenced to rigorous imprisonment for 7 years by judgment and order dated 30-8-1984. An appeal was taken against the order of conviction and sentence and a Division B......uted heba-bil-ewaz deeds were genuine and they were executed by Sabirul Akanda Chowdhury in sound mind and health. He has drawn our attention to the impugned judgment where the high Court Division noticed: “Prosecution also did not dispute or challenge the thumb impressi......llip;…………… Respondent Judgment January 28, 1997. The Penal Code, 1860 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....e each. Another accused Abdus Samad was convicted under section 323 of the Penal Code and sentenced to suffer RI for 1 month more by the learned Sessions Judge, Gaibandha by his judgment and order dated 18-7-88 in Sessions Case No.4 of 1988. On appeal, Criminal Appeal No. 651 of 1989 a Division......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......f the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapo..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....s occupation. She refused to pay the same and made a counter claim of Taka 14,72,000.00 on account the rent of and damage to the house, The Cantonment Board, by Memo No. Dha ca. Bo./Ca:Aa:A/16/290 dated 21 September, 1992, ultimately refused to mutate her name in respect the house as required b......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......gust 27, 1997. The Cantonment Act, 1924 (II of 1924), Section 73 The writ petitioner after purchase of the house from heir of allottee of the Cantonment Board completed all the formalities for mutation as required under section 73 of the Cantonment Act under the circumstance ..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....s Ruma, Sultan and Keru and another co-accused Abdul Kader were convicted under sections 148/302/149 of the Penal Code by the 3rd Court of Additional Sessions Judge, Dhaka by his judgment and order dated 31-7-93 in Sessions case No. 314 of 1992 and were sentenced to suffer rigorous imprisonment ...... that the examination of the accused persons under section 342 Cr.P.C highly prejudiced them inasmuch as the incriminating facts and circumstances of the case against them were not brought to their notice to enable them to give an effective reply. The High Court Division acquitted the other accus......, Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There having no evid..Category: Criminal Law | Date: | Hits: 104
Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ed by Md. Aftab Hossain, Advocate-on-Record — For the Petitioner. Not Represented —the Respondents. Criminal Petition for Leave to Appeal No. 27 of 1995. (From the judgment and order dated 16-8-94 passed by the High Court Division in Criminal Miscellaneous Case No. 464 of 1994 ) ......on are covered by section 99A of the Code of Criminal Procedure or not, but instead of doing so it made a roving inquiry as to whether the grounds of forfeiture existed or not. 9. We have already noticed that under section 99D of the Code of Criminal Procedure the Special Bench is to be negative......ch of the High Court Division has applied its mind in terms of section 99D of the Code of Criminal Procedure by going through the offending books there is no relevance of the question that grounds of forfeiture of the books are not covered by the requirements of section 99A of the said Code………..Category: Others | Date: | Hits: 122
Abdul Motaleb Sheikh Vs. Md. Hasan Bali & another, 1998, 27 CLC (AD)
.... Advocate-on-Record—For the Petitioner. Not represented— The Respondents. Civil Petition for Leave to Appeal No. 902 of 1997. (From the judgment and order dated July 9, 1997 passed by the High Court Division, Dhaka in Civil Revision No.1178 of 1998).&nbs......lip;……...Respondents Judgment February 24, 1998. The Local Government (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of notice under section 78 is a pre-condition for instituting a suit against a Union Parishad or again...... Judgment February 24, 1998. The Local Government (Union Parishads) Ordinance, 1983 (LI of. 1983), Section 78 The provision of notice under section 78 is a pre-condition for instituting a suit against a Union Parishad or against any member thereof. The petitioner unde..Category: Employment/Service Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....n-Record — For the Appellant. MA Haider, instructed by Md. Nawab Ali Advocate-on-Record—For the Respondents. Civil Appeal No. 22 of 1996. (From the judgment and order dated December 12, 1994 passed by the High Court Division in Civil revision No. 2170 of 1990.) ...... ……….Respondents Judgment March 9, 1997. The General Clauses Act, 1897 (X of 1897) Section 27 Premises Rent Control Ordinance (XX of 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remar......f 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....itions) Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 February 1997 passed by the High Court Division in Writ Petition No. 2822 of 1996). ......laints to the Export Promotion Bureau, briefly the EPB, without raising any objection to the writ petitioners as to the quality and size of the shrimps. The EPB thereafter brought the matter to the notice of the Government in the Ministry of Commerce who gave direction to the Controller of Impor......hidullah, Advocate-on-Record-— For Respondent Nos. 1 & 2 (In both the Petitions) Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 Februar..Category: Business or Commercial Law | Date: | Hits: 117
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....; Judgment Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from an order dated 7 March 1996 of a Single Judge of the High Court Division summarily rejecting a revisional a......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......he Small Cause Courts Act, 1887 (IX of 1887) Section 25 Once it is established that the person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction on ground of purchase from a co-sharer without surrendering his possession to the land..Category: Property Law | Date: | Hits: 69
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....d separate appeals against the aforesaid order of conviction and sentence and a Division Bench of the High Court Division hearing the three Criminal appeals together by a common judgment and order dated 11th and 12th January 1995 upheld the conviction of appellants Bernhard Rudigar and David Ant......s. 9. The Special Tribunal convicted and sentenced the accused-appellants as aforesaid and in the resulting appeals the modification of sentence by the High Court Division has already been noticed. 10. At the time of granting leave Mr. Serajul Huq, learned Counsel appearing...... Judgment February 17, 1997. The Special Powers Act, 1974, sections 24B & 25D (i) We have heard with some compassion mixed with pity the present plight of the foreigner-appellants and we feel that because of the appeal alien situation in which the two foreig..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....equisition of Immovable Property Ordinance, 1982 (II of 1982), Section 12 Payment of compensation was stalled due to raising of objection on an application before the joint Secretary prior to the date of appearance before the Deputy Commissioner for claiming compensation, the question of abetmen......visions of the Ordinance and the same being not for a public purpose; they did not allege abetment of the proceeding under section 12 for non-payment of compensation within time. Incidentally, it was noticed in the impugned judgment that instead of appearing before the Deputy Commissioner on 22-1-19......fa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms, Government of the People’s Republic of Bangladesh and others……………. Respondents. ..Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....o are heirs of proforma defendant No. 7 Jaripuddin challenge the judgment and order passed by the High Court Division in First Miscellaneous Appeal No. 379 of 1990, affirming the judgment and order dated 3-9-90 passed by the Subordinate Judge, Rangpur in Miscellaneous Case No. 39 of 1990 dismiss......; 3. Plaintiff-respondent’s case is that, Jaripuddin was a co-plaintiff of the suit and later when he confirmed to sell the ejmali property he was made proforma defendant No. 7 and a notice of temporary injunction was issued against him. He appeared in OC Suit No. 77 of 1989 and f...... Judgment May 8, 1995. The Code of Civil Procedure, 1908 (V of 1908) Or. V r. 17 The petitioner on appearance filed written objection against the petition for temporary injunction but on his failure to file written statements in the original suit, the s..Category: Property Law | Date: | Hits: 74
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....k rate on monthly rest till realisation to the extent that the suit was decreed without costs for Taka 1,29,34,662.40 with interest at the rate of 5% above bank rate on monthly rest from the date of signing of the decree by the High Court Division till realisation. 2. The plaintiff......ons instead of 5309 master cartons ignoring even the surveyors’ final report on this issue of quantum of damages. Secondly, the learned Judges of the High Court Division failed to notice that the final report of the surveyors were not conclusive in nature and it was a tentative......AR Yusuf, Senior Advocate, instructed by Sharifuddin Chaklader — For the Respondents (In both the appeals and petitions.) Civil Appeal No. 76 of 1997 With Civil Petition for Leave to Appeal No. 236 of 1997. Judgment &nbs..Category: Business or Commercial Law | Date: | Hits: 147
482480479478477476475474473471470469468467466465464463462461