Search Options
Judgment Advanced Search
Displaying 6961-6980 of 7097 results.
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
.... (Act No. VII of 1981) and hence it is liable to be set aside Leave was also granted to consider- the appellant’s submission that the Appellate Tribunal failed to take into consideration the provisions of the Services (Re-organisation and Conditions) Act, 1975 (Act No XXXII of 1975) by whi......ts alike and consequently by both the Tribunals below. 9. We shall quote to begin with Article 136 of the Constitution which is as follows: “136. Provision may be made by law for the reorganization of the service of the Republic by the creation, amalgamation or unifica..Category: Administrative Law | Date: | Hits: 140
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......ground for refusal of bail.” We shall only add “to the respondent”. 15. The only question is whether there are reasonable grounds as indicated above for refusing bail, to the respondent. The law permits granting of bail, even in a case where there are such reasonable grounds for refusing ba..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
....o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ......has charge” which is under enquiry, trial or appeal. Any action taken by the Public Prosecutor, in such I case particularly when a case has been stopped due to expiry of the time-limit (which law has since been repealed) will be deemed to be an ac behalf of the Government so long as tie Gov..Category: Criminal Law | Date: | Hits: 74
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......that a monthly tenancy is heritable. The learned Judge of the High Court Division rejected the review petition by the impugned judgment and order holding, inter alia, that a subsequent change is case law cannot be a ground for review. 6. Mr. Miah Abdul Gafur, learned Advocate on-Record appearing ..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... case could not be completed during the specified time or the extended time. The concerned Magistrate by his order dated 16-10-91 rejected that application holding, inter alia , that in view of the provision of section 195 of the Code of Criminal Procedure the Investigation Agency had already wri......udgment and order dated 28-5-96 discharged the Rule holding, inter alia, that in view of the amendment made by Act XLII of 1992 to the provisions of section 167 Cr. P. C., which being a procedural law operates retrospectively, the petitioners have no vested right to get benefit for repealed pro..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......, namely, Writ Petition No. 721 of 1994 in which the writ petitioner was a different person, the occurrence was different and the trial was also held by different Special Tribunal, but the point of law involved in the said writ petition was the same as in instant writ petition. The learned Judge..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......s suit was decreed and the impugned orders dated 16-2-79 and 11-12-81 were declared to be void, illegal and without jurisdiction and the plaintiff were declared to be still in service in the eye of law with loss of 3 years seniority in service. The respondent bank preferred Title Appeal No. 94 of ..Category: Administrative Law | Date: | Hits: 131
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......different considerations and no case for review had been made out in the application. 7. Leave was granted to consider the appellant’s submission that the High Court Division erred in law in not considering, that the respondents did not file any affidavit-in-opposition in the case a..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....ation of title and confirmation of possession was not maintainable. 7. Mr. Shamsul Haque Siddique, learned Advocate-on-Record appearing for respondent Nos.l-8, submitted that in view of the provisions of Order VII, rule 1(e) of the Code of Civil Procedure, the lower appellate Court on con......ews and discharged the Rule by the impugned judgment and order. 5. Leave was granted to consider the submissions made for the appellants, that the lower appellate Court upon misconception of law and facts as to the cause of action for the suit and its maintainability in its present form wr..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....te the order of the appellate Court affording the plaintiffs an opportunity for making a prayer for cancellation of the impugned kabala upon payment of ad valorem court fees. 8. The most relevant provision of law in this behalf can be found in section 39 of the Specific Relief Act which reads th......ws: “The Kabala executed by the plaintiffs in favour of the defendant on 31 May 1977 and subsequently registered as kabala No. 1382 of 1978 be declared as fraudulent, void and not sustainable in law.” 4. The defendant denied the claim of the plaintiffs in a written statement. His plea was ..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......r reconveyance in respect thereof. We therefore dwell upon the appeals respecting schedule I land. 10. The main grievance of the appellants that the High Court Division committed an error of law in reassessing the evidence as to tender of the consideration on 28 Magh 1365 BS has litttle g..Category: Property Law | Date: | Hits: 60
....ad approved the shifting of the School to its new site at Alampur from its old site at Khubandi. In any view of the matter, the impugned memo dated 24-9-86 does not contain any reference to any legal provision by which the Government can withhold the payment of salaries and entitlements of the writ ......tion dated September 24, 1986 and January 12, 1986, contained in Annexures-M and J respectively to the writ petition, so far as those relate to the writ petitioners (now the respondents), without any lawful authority and are of no legal effect.
2. The relevant facts, in brief, are, Rani Dino Moni..
Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....tion before the learned District Judge praying for withdrawal of the said Misc. cases from the Artha Rin Adalat to the Court of the learned District Judge and disposal of the same according to the provisions of President’s Order No. 7 of 1973 which gave rise to Misc. Case No. 64 of 1......me according to the provisions of President’s Order No. 7 of 1973 which gave rise to Misc. Case No. 64 of 1992. After hearing both the parties and considering the relevant provision of law, the learned District Judge dismissed the Misc. Case by his order dated 6-1-93 holding that the..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......993 to the High Court Division. A Division Bench of the said Court, by the impugned judgment, allowed the appeal and sent back the case on remand to the trial Court for disposal in accordance with law on condition of payment of cost of Taka 12,000.00 by defendant within 3 weeks from the date of ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....re was proof of a bona fide intention to give, and that intention was established. In course of the judgment their Lordships observed: “The purchase of this property was a very natural provision by Baqar Ali for the daughter of his favourite wife and though there may be no presumptio......he High Court Division in Civil Revision Nos. 89 of 1987 (Chittagong) and 1894 of 1991 (Dhaka) making the Rule absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2. The decision of this appeal tu..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
.... consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding seven years and the provisions of section 95 shall apply to such transfer whether made before or after the date of com......espondent Nos. 1 and 2 then approached the High Court Division with the aforementioned Writ Petition No. 64 of 1994 praying for a declaration that the order of the Land Appeal Board was without any lawful authority and obtained a Rule Nisi thereupon. The petitioners resisted the writ petition by..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......judgment of the lower appellate Court is based on “misappreciation of evidence” and as such the suit was sent back on remand to the court of appeal below for disposal in accordance with law and in the light of the observations made in the judgment. 7. Leave was granted to cons..Category: Property Law | Date: | Hits: 77
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......ing the revisional application merely on ground of delay without considering the merit of the case. (ii) the conviction and sentence as passed against the petitioner being totally unsustainable in law and on facts, the learned Single Judge of the High Court Division ought to have condoned the del..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......in the affirmative and decreed the suit. It came to the findings that defendant No. 1 had no saleable interest in the suit land and so the possession of the plaintiff could not be construed as lawful, that the plaintiff had been in possession of the suit land since 1963 asserting his owners..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....tral Bank of India AIR 1943 Nagpur 340 (FR), J Krishnareddy vs. B Ramagopalaiah AIR 1985 Andhra Pradesh 49. 8. For an answer to the question raised in this appeal it is necessary to examine the provisions of section 15 and 16 of the Ordinance which relate to writing of judgment and enforcemen......f his salary for satisfaction of the decree. The family Court rejected his application taking the view, inter alia, that it was the option of the decree-holder to follow any procedure permitted by law to obtain satisfaction of the decree. The respondent took an appeal to the District Judge, Com..Category: Family Law | Date: | Hits: 144
541540539538537536535531530529527526524523522521520518517516