Search Options
Judgment Advanced Search
Displaying 581-600 of 3272 results.
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ...... and that he and his brother sold 1‑26 acres of land to some others. It is also the case of the defendant that neither he nor his brother executed the deed of exchange in the form of irrevocable power of attorney and that the alleged deed of exchange in the form of power of attorney is forged,......e in the case. Section 114 (ii) A registered document carries the presumption of correctness and that one who challenges or disputes that presumption of correctness is required to establish that by legal evidence…………(16) Lawyers Involved: AKM Naz......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....ementary affidavit was filed on behalf of the respondent-company on 6th November, 2001, followed by another supplementary affidavit on 12th February, 2002. The true copies of the auditor's report and financial statements of the respondent-company for the years 1996 to 1999 are enclosed with the affi...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......41(v) of the Companies Act, 1994, filed by one Amir Hossain praying for winding up of Homeland Footwear Ltd ('the company'). 2. The case of the petitioner, in short, is that the respondent-company took Taka 45,07,386.00 from the petitioner during the period from 11th March, 1999 to 31st December,...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....hannel of Bangladesh Television generally and other facilities in violation of the specific provisions of the co-site Agreement, exempting ETV Ltd from the payment to BTV giving undue and unlawful financial benefit granted to ETV Ltd at the cost of public exchequer and also that BTV, being a key......articipating in the tender…..(59) The Ekushey Television is an example of wanton licence with a shady deal in every step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This cou...... Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......tige and image of the judiciary and that of the Supreme Court must be kept, maintained and protected by avoiding any comments demeaning it or lowering it in the estimation of the public at large. The power, prestige and image of this Court should remain above all controversy. It is contended that th...... Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. ......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... the Peon Book of the year 1998, the report of the Technical Committee was handed over to Secretary, Ministry of Information by hand. 15. Mr. Razzaq has further argued that details of commercial financial and technical evaluation of the participants do not show that ETV's offer was responsi......DLR (AD) 1. 20. On the other hand, Mr. Abdur Razzaq has argued that in this particular case the petitioners have come to this Court to bring to the notice of this Court the mala fide exercise of power by some high Government officials and to seek intervention of this Court by way of judicial re......ip;……………………….............Respondents Judgment March 27, 2002. Result: The Rule is made absolute. Cases referred to- Dr. Mohiuddin Faroque 49DLR (AD) 1; Hyundai Corporation Vs. Sumikin Bussan Corporation and......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ...... arriving at the concurrent findings of fact by the first two courts the learned Single Judge travelled beyond his jurisdiction in interfering with the decision of the courts below in exercise of his power under section 115 of the Code of Civil Procedure. He further submitted that the plaintiffs hav......he finding of fact in respect of possession and Istafa (surrender) which were found in favour of the appellants by the courts below…..(5) Case Referred to- Jashimuddin Kanchan vs. Md Ali Ashraf 42 DLR (AD) 289. ...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ......y Nos. 1-5 was not in accordance with law but I find that there are sufficient substance in the said application to treat the said application as one under Order XXII rule 10 CPC. The Court has ample power to treat an application filed under Order I rule 10 CPC as an application under Order XXII rul......5 of 2000. Judgment SK Sinha J. - This Rule is directed against the order dated 4-9-2000 of the learned Senior Assistant Judge, 6th Court, Dhaka in Title Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff ......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... given effect to, the duty under sub‑section (1), in lieu whereof the duty under sub‑section (4) was levied by such notification, shall be levied and, with necessary adjustment, collected for the financial year during which such notification is cancelled or for the period for which it cannot be ...... Additional Attorney‑General that the guideline principles having been laid down in sub‑rule‑(1) and (2) of Rule 3 published in the Notification dated 1‑7‑88 by the Board in exercise of its power conferred by the Excise and Salt Act, High Court Division erred in law in finding that there w......oviding levy and assessment of duty on the basis of filling valves in respect of production of aerated water of all sorts as per the guideline provided in the impugned SRO the same cannot be declared to be without lawful authority…................................(35) Cases Referred to- Z...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ...... body of Asaruddin. The injury was ante-mortem and homicidal in nature. 23. In cross-examination he stated that the nature of the injury indicated that the victim was likely to lose his speaking power on receiving it. He found the margin of the wound clear cut. He further stated that margin of ................ Respondent Judgment February 6, 2002. Result: The appeal is allowed. Lawyers Involved: Not represented—the Appellant. Sk Rezaul Karim, Assistant Attorney-General — For the State. Criminal Appeal No. 773 of 1987. Judgment Gour ......t accused-appellant Hazrat Ali Khan @ Hazrat Khan be released from custody forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 636. ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
.... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......urt presided over by SK Verma, J that: “In our view, this decision of the Supreme Court furnished a complete answer to the question referred to us. It makes it clear that there is power of "review" both in cases where judgment has been delivered but not signed and cases......ed, can not be changed without hearing the parties invoking jurisdiction under section 152 (CPC) or review on specific grounds under Order XLVII rule I of The Code of Civil Procedure giving notice to the parties to cause any alteration, addition and modification in the judgment……&h...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ...... Inquiry to be performed by Metropolitan Magistrate suffers from manifest illegality, legal infirmity and flagrant error of law that cause a gross miscarriage of justice. Paternal or Supervisory power of the High Court The Power of the High Court Division envisaged in section 439 of the Co...... The State, Represented by the Deputy Commissioner, Dhaka.............Opposite Parties AND Alena Akther Khan (a) Alena Khan, Advocate, Supreme Court of Bangladesh (High Court Division) Director Investigation, Bangladesh Society for the Enforcement of Human Rights (BSEHR),153, Monipuripara,......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ......ndhra Pradesh High Court in the case of B Sheshaiah Vs. Veerabhadrayya, AIR 1972 Andhra Pradesh 134. The ratio decidendi of the cases is that on general principles and in the exercise of its inherent power, an executing Court can entertain and give effect to a claim to set-off even in cases which do......……….Petitioner Vs. Janata Bank and others... Opposite Parties Judgment November 18, 2001. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Bank of Dacca Ltd. vs. Gour Gopal Saha, AIR 1936 Calcutta 409......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......must be taken with utmost care that it is not used on occasions or in cases to which it is not appropriate. In the case of Md. Samiulla Khan and another vs. State 15 DLR 150 it has been held that the power of contempt should be used sparingly and only in serious cases and the court should not be eit...... The Contempt of Courts Act, 1926 (XII of 1926) In a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ......consequences affecting the person or property or other right of the parties concerned". This rule applies even though, there may be no positive words in the statute or legal document whereby the power is vested to take such proceedings, for in such cases this requirement is to be implied into i......lip;……………………..Respondents Judgment July 19, 2001. Result: The Rule is made absolute. Opportunity for defence when mandatory Withholding or cancellation of the result of the Petitioners without giving them an opport......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698. ..Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2
Sirajul Hoque and other Vs. BIWTA rep. by its Chairman and others, 2002, 31 CLC (AD)
....ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ......nd fare Table Rules have not been followed prior to the issuance of time table to MV Miraj. To this the respondent has submitted that the time table issued in favour of MV Miraj was in exercise of power given to the respondent to issue such time route permit when required in public interest Rule...... Rules provided in the Bangladesh Inland Water Transport Authority (Time and Fare Table Approval) Rules, 1970. Non-compliance of these rules will not make the time table issued under the Rule to be illegal and without any lawful authority…....(6) Lawyers Involved: ......ed timetable to be illegal and without any lawful authority. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 30. ..Category: Admiralty Law or Maritime Law | Date: 3 Jul, 2001 | Hits: 173
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......gh Court Division or Court of Session and in the case of person released by itself any other Court may cause any person who has been released on bail to be arrested and may commit him to custody. The power to take back in custody an accused who has been enlarged on bail has to be exercised with care......on (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused pet......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....2 Chief Engineer, Housing and Settlement, Segun Bagicha, Dhaka vide Memo No. 3/344/1007 dated 7-5-92, also to make further direction to the defendants that in view of the plaintiff’s social and financial status the defendants can realise the actual cost of the construction only from the plaint......ry and that the defendants have failed to show any reasonable basis for such valuation, these concurrent findings of fact based on evidence cannot he disturbed by this court in exercise of revisional power. The learned Advocate further submits that plaintiff No. 1 being a registered co-operative soc......p; others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For the Petitioner. Maksudur Rahman, Advocate—For the Opposit......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......e of Civil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to remand by shirking its duty solely for the purpose of writing the judgment afresh. &hellip......ivil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revisional court has no power to remand by shirking its duty solely for the purpose of writing the judgment afresh. …&hell......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ......986 was filed in the Appellate Division. The Appellate Division in the above decision considered the case of Amjad Ali Vs. Ali Hossain and another reported in 15 CWN 353 in which it was held that the power to direct inspection includes the power to direct the preparation of an inventory, if the Cour......azzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Result: The Rule is discharged. Cases Referred To- MM Hossain ......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
....ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
...... and a representative of each of the parties.
4. Anyone who wants to rule persons first tries to humiliate them, to trick them out of their rights and their capacity for resistance, until they are powerless before him as animals.” Wrote Eliar Caneth, winner of the Nobel Prize in 1981, in his bo...... I agree.
Ed.
This Case is also Reported in:
......ected to send the copies of this judgment to the Ministries of Home, Law, Education and Religious Affairs immediately.
Nazmun Ara Sultana J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240
183740625438058915203439714444081999225421922990292424586794617746204991