Search Options
Judgment Advanced Search
Displaying 6361-6380 of 7097 results.
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......ond revision but their application was dismissed, on the ground that no second revision lay under section 7 of Ordinance No. XIII of 1962 unless the record had been already summoned under the old law before its amendment on 13-1-1962 by Ordinance No. II of 1962. 8. The respondents then file..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....application under section 34 which amounted to taking a step in the proceedings within the meaning of section 34 disentitling the second defendant at any future point of time to the benefit of the provision for stay of proceedings. 13. As it appears in the instant case the High Court Di......contest, time was asked for by means of this application for contest and not indicative of want of appreciation as to the possible nature of the case and consequent instructions to be given to the lawyer concerned and so by means of this application the defendants submitted to the jurisdiction o..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....pt of the consideration money and duly signed the receipt evidencing receipt of the amount on 14-2-49. Since the receipt is not a deed of title it could not confer title to the plaintiff under, the provision of section 54 of the Transfer of Property Act but the uninterrupted adverse and hostile ......r dated 6-3-1969 illegally declared the suit property as enemy property; that the plaintiff by virtue of his purchase and also because of his long possession over the statutory period has acquired lawful right, title and interest in the suit land and hence the suit. 4...Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....supervened since the decision the suit by the trial Court when the same was pending in appeal, could be taken into consideration in deciding the appeal. 14. Although the provision of remand should not be exercised to cure any defect or filling up any lacuna in the plea......on making the Rule absolute and sending the case back on remand to the appellate Court for deciding the matter in the light of observation made therein and to dispose of the same in accordance with law. The observation being a direction that the parties should be given opportunity to produce fres..Category: Fiscal/Taxation Law | Date: | Hits: 122
....of the Divorce Act, 1869 seeking dissolution of her marriage with respondent No. 2 on various grounds including adultery. The District Court decreed the suit on 10 February 1998 and thereafter as per provision of section 17 of the Divorce Act forwarded the suit record to the High Court Division for ......Divorce Act for all citizens contending the learned Judges of the High Court Division erred in not considering that Islam is a complete code of life of Muslims and that there being clear provision of law relating to marriage and divorce in the Holy Quran as well as in the Hadith which is binding upo..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
.... “The Corporation may, if it considers expedient so to do, retire from service an employer at any time after he has completed twenty-five years of service without assigning any reason.” This provision has been adopted from the Public Servants (Retirement) Act, 1974 (Act X11174) mutatis muta...... Servants (Retirement) Act, 1974 is as follows: “The provisions of this Act and the Rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any rule, regulation, bye-law, instrument or contract or in an..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
....rt Division. 4. It is submitted on behalf of the appellant that the learned Single Judge of the High Court Division misread the deed of Waqf in as much as the deed of waqf made provision only for competent daughter of the waqif Mutwalli after his death there being no son. Th......is death there being no son. The waqif did not make any provision for his grand daughter to be Mutwalli of his Waqf Estate and as such, the learned Single Judge of the High Court Division erred in law in making the Rule absolute and declaring the respondent No.1 as Mutwalli of the aforesaid Waqf..Category: Trust/Waqf Law | Date: | Hits: 209
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
....bail and that too for a limited period we are not inclined to interfere in the matter. The learned Additional Attorney-General submits that whether in such a situation the respondent can invoke the provision of section 491 of the Code of Criminal Procedure may be decided by this Division but this...... Court Division issued Rule upon the opposite parties asking them to show cause why the detenu Hussain Muhammad Ershad should not be brought before that Division to be dealt with in accordance with law and at the same time on hearing the learned Advocate of both the sides granted ad interim bail ..Category: Criminal Law | Date: | Hits: 66
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....ot investigation, officers of the Bureau are not authorised to exercise power under sections 94 and 160 Cr.P.C. at the enquiry stage. 3. On consideration of the provision of section 3 of the Anti-Corruption Act, 1957, hereinafter in brief, the Act, the High Co......tions 94 and 160 CrPC by the Bureau of Anti-Corruption were illegal, since in the absence of initiation of a case the Anti-Corruption Bureau, hereinafter in brief, the Bureau, is not authorised by law to issue the notice under the aforesaid sections of the Cr.P.C. It was also contended that powe..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....shing the same which cannot be accepted. The proper section in this aspect is section 172 of the Code of Criminal Procedure. This section is very clear and it appears that without looking into the provision of section 172 of the Code of Criminal Procedure the learned Judges of the High Court Div...... AFM Bahauddin and to submit that report before this Court within seven days.” 4. The learned Attorney General appearing on behalf of the petitioners submits that for maintaining law and order situation of the country the secrecy about the investigation of a case is required to..Category: Criminal Law | Date: | Hits: 65
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ct to restriction imposed by law, is a guaranteed right of a citizen and when a citizen by the coercive process of law is compelled to part with his acquired property, then the condition(s) or the provision of law upon resorting to which a citizen is compelled to part with his property, the same...... 2, 2002. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have prove..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......r for rejection of the application for pre-emption under Order 7 Rule 11 of the Code of Civil Procedure contending inter alia that it did not disclose any cause of action and that it was barred by law. The learned Subordinate Judge on hearing the parties and on perusal of the materials on record..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... thereafter failing to send him on compulsory retirement under regulation 55(2) finally terminated him from service and such termination is dismissal in the garb of termination and as such without lawful authority. Cases Referred to- Bangladesh Bank and others..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
.... the departmental enquiry but set aside the order of dismissal holding that the Superintendent of Police had no jurisdiction to dismiss the respondent, who was a sub-inspector of Police, under the provision of Regulation No. 858(a) (1) of the Police Regulations, hereinafter referred to as the Re......ons in the remaining clauses are not necessary for the disposal of the appeal). Section 3 of the Ordinance runs as follows; “3. Ordinance to override all other laws, etc.- This Ordinance shall have effect notwithstanding anything contained in any law, rule..Category: Administrative Law | Date: | Hits: 116
....round of the materials on record that the said general proposition does not hold good in the present case.
26. There is no material on the record to show that Chief Engineer acted in violation of provision of law or in other words was not competent to vest the officer named in Annexure ‘W’ w......ion of the houses and structures of the Darus Salam Housing Co-operative Society Ltd. on its Block-A property by the respondent Nos. 3 and 5 shall not be declared to have been issued and done without lawful authority and is of no legal effect; and why they shall not be directed to re-erect restore/r..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......ta dated 24th March, 1944 (Exhibit B) executed by Beloka Sundari. It has also been averred by the plaintiff that Beloka Sundari in the absence of any necessity of money for the purpose for which in law she could make transfer of the property left by Narayan Chandra, son of Balaram Chandra had tr..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....r the petitioner, submits that the High Court Division failed to consider that the trial Court committed illegality by framing one charge for murder of two persons which is a violation of mandatory provision of section 233 of CrPC and, as such, impugned judgment and order is liable to be set asi......of two persons being violative of the mandatory provision of section 233 CrPC and consequent thereupon petitioner having been seriously prejudiced his conviction and sentence is not sustainable in law. The case of the prosecution is that the petitioner along with others entered into the hut wher..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....nt as has been made without lawful authority. 3. Admittedly the Court of Settlement was not properly constituted while passing the impugned judgment and, as such, under the provision of law and the principle of the decision in the case of Fatema Begum vs. Bangladesh, 42 ......ted under section 5(1)(b) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned buildings is without lawful authority…..(5) Cases Referred to- ..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... The Bangladesh Civil Service Seniority Rules, 1983, Rule 3 The case filed before the Administrative Tribunal was not maintainable in law as necessary parties who were adversely affected by the order were not brought before the court..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....uo;Mr Mahmudul Islam, learned Attorney-General for the petitioners in both the petitions, submits that the order dated 30-7-2000 relates to the terms and, conditions of service and in view of the provision of Article 113 (sic) of the Constitution the High Court Division has no jurisdiction ove......bsp; M Amin Choudhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved. 2. Both the writ petitioners were appointed Appraisers from..Category: Employment/Service Law | Date: | Hits: 57
14041373136313621361136013591358135713561353135213511350134913481347134613451344