Search Options
Judgment Advanced Search
Displaying 5961-5980 of 7208 results.
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......C has no manner of application in considering the petition under Order VII Rule 11 of the Code. Nor on point of maintainability of the suit, the plaint is liable to be thrown away in limine as the question may be agitated in framing an issue to the point. There is no ingredient of Order VII rule......the plaintiff respondent stating, inter alia, that the, application under Order 7, Rule 11 was not, maintainable and that there being no material in the application of the defendant disclosing the facts and circumstances or taw for rejection of the plaint the said application was liable to be re..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......ties which, lay down that the decree of the trial Court gets merged in the decree of the appellate Court are no doubt correct, but the said decision only emphasise this fact when dealing with the question of limitation as to when the period of limitation will commence for execution of the decr...... leave is directed against the judgment and order dated 28.05.2003 passed by a Single Bench of the High Court Division in Civil Revision No. 5090 of 2002 making the Rule absolute. 2. Short facts are that the predecessors of the plaintiffs instituted Title Suit No. 73 of 1976 in the 1st C..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......aid down for observing strictness of the proof of substantial and reasonable cause in making such delay. Standard of acceptance must, however, remain the same in case of both citizens and State". The question of condonation of delay in filing appeal by the State came up for consideration in the case......retary, Ministry of Works (herein Respondent No.1) filed appeal accompanied by an application for condonation of delay of 207 days. The appellate Court heard both the parties and upon considering the facts and circumstances in the background of which delay of 207 days occurred by the order dated May..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......p; ors 38 DLR (AD) 97. 9. The High Court Division agreed with the said contention of the defendant-respondents that the suit was not maintainable and therefore refused to enter into the question of merit of the case on the basis of which the plaintiffs' suit was dismissed and the S.C.......rial Court with costs. 10. It was argued on behalf of the plaintiff- appellants in the High Court Division that the aforesaid decision 38 DLR (AD) 97 has no manner of application in the facts and circumstances of the present case as that was a decision in an S.C.C. suit, whereas ..Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......jection raised in this respect should be waived and ignored. It may be mentioned that the relevant Mill authority without taking any instruction from BJMC was competent to take the decision in question i.e. giving selection grade to an employee of the Mill. There is no allegation that ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......ment and order dated 09.04.2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 473 of 2002 dismissing the appeal so far as it relates to the petitioner. 2. The facts leading to the leave petition, in short, are that one Champa Khatoon (15), dumb daughter..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......on or continuance of the proceeding is apparently visible or the complaint, even if accepted in their entirety, do not constitute any offence and if there is no legal evidence. In the instant case question of considering the third consideration as to legal evidence does not arise as evidence is ...... to appeal against the judgment and order dated 09.08.2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 1761 of 2001 discharging the Rule. 2. The facts, in brief, are that the respondent No.1 as complainant lodged a petition of complaint against..Category: Criminal Law | Date: | Hits: 30
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ...... In support of the petition, Mr. Mansurul Hoq Chowdhury,learned Advocate submits, inter alia, that the cause of action, if any, arose on 09.02.1999 the date of alleged issuance of the cheque in question or on 10.05.1999, 31.05.1999 and 22.06.1999, the dates on which the cheque is said to have ......sain (Bulbul) seeks leave to appeal against the judgment and order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 discharging the rule. 2. The facts, in brief, leading to the leave petition are that the respondent No. 1 filed a petition of com..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......nch of the High Court Division in Criminal Miscellaneous Case No. 1634 of 2004 summarily rejecting the application filed by him under section 561A of the Code the Criminal Procedure. 2. The facts, in short, are that Md. Toufiqul Islam, Inspector, Task Force-4, Bureau of Anti-corruption, Dh..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......owing payment of Tk. 35,000/- on 10.01.1980 the petitioner's signature is conspicuously absent and the petitioner being a ledger clerk he had infect no role to play in making payment of the amount in question and that there is no evidence against the petitioner to maintain conviction against the pet......e Penal Code to run concurrently instead of consecutively and reducing the amount of fine of Tk. 40,000/- from Tk. 1(one) lac in default to suffer Rigorous Imprisonment for 3(three) months. 2. The facts, in brief, leading to the leave petition are that the petitioner was serving in Dhaka General ..Category: Criminal Law | Date: | Hits: 50
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......hy;tioners under sections 9 (Kha) and 14 of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, hereinafter referred to as the Act in Nari-O-Shishu Nirjaton Case No. 160 of 1999. 2. The facts leading to the leave petition are that one Akhter Newaz lodged an F. I. R. with Nagogaon Poli..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......on in making direction to an authority to promote a particular employee and thereby depriving the authority from considering the case of promotion of an employee in the background of the facts available to it. It is within the domain of the authority to make decision in the m..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ng before it can exercise any inherent power. And there will be no two opinions that no Court has any inherent power to invent itself with a jurisdiction not conferred on it by law. 10. The question in this appeal is whether the High Court Division had any jurisdiction to entertain the su...... issuing any work order in favour of respondent No.3 or otherwise respondents No. 1 and 2 would suffer irreparable loss and injury, As the Civil Court was closed, it was submitted that in the facts and circumstances of the case, the High Court Division must be deemed to have inherent power ..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......d the fact that inquiry into complaint filed by the petitioner was continuing and the charge sheet had been subsequently submitted in respect of the offence committed in relation to the Trawler in question, the learned Additional Sessions Judge, Chittagong and the High Court division erred in se......n Petition Case No. 221 of 2003 in releasing the trawler in favour of the complainant leave petitioner upon furnishing bond of TK. 1,50,00,000/- ( One crore fifty lacs). 2. The relevant facts are to the effect that a trawler named F. V. Champa was owned by Bangladesh Fisheries Develop..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......egards the participation of accused appellant in the occurrence we may be permitted to say that the private witnesses i.e. P.Ws. 1 to 3 have in a voice said about snatching away of the money in question in broad day light from public road on the date after giving the informant a good beating......and sentencing him to suffer rigorous imprisonment for 14 (fourteen) years and to pay fine of TK. 5,000/- in default, to suffer rigorous imprisonment for 2 (two) years more. 2. The facts, in short, are that one Md. Farooq Hossain an employee of Zaman and Company on 11.09.1996 at ..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......e instance of Md. Jahangir Alam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court Division in Writ...... paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No.1 (Writ-Pet..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......bsp; Syed J. R. Mudassir Husain J.- In these 2 (two) appeals, the appellants are same the respondents are different but for a common question being involved as to whether the respondent of both the appeal are entitled to get scale ......982 and to Korshed Alam (respondent No. 3) from 20-10-1982 thereby the High Court Division made the Rule absolute in part the said writ petition. 4. In Civil Appeal No. 99 of 1998, the short facts are that Md. Fazlul Huq (the respondent No. 2) brought I.R.O. Case no. 59 (ka) of 1989 befor..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......s affirmed by the court of appeal below. 5. On a perusal of the High Court Judgment we find that the said Division was completely oblivious of the fact, that with the concurrent finding of facts arrived at by the trial Court as well as by the court of appeal below which is the final cou..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......996 and thereupon sent back the case to the 'original court' "For hearing the same afresh in accordance with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence." 3. It may be mentioned that the High Court......al (Probate) No. 246 of 1996, the said appeal was required to be disposed of on merit by the High Court Division. 7. The learned Counsel representing the respondents in the background of the facts and the circumstances in which the judgment of the First Appeal was set aside finds diff..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......intiffs. The High Court Division while making the Rule absolute observed that the appellate Court did not come to any finding with regard to possession and did not discuss any evidence on the question of possession, that the trial Court as well as the appellate court found title of the......ral and others reported in (2201) 6 MLR (AD) 151 and the case of Md. Naimuddin Sarder @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another reported in 39 DLR (AD) 237. In the background of the facts of the case the principle laid down in the aforesaid cases has no manner of application sinc..Category: Property Law | Date: | Hits: 23
20862085208420832081208020792077207620752073207220712068206720662065206420632062