Search Options
Judgment Advanced Search
Displaying 681-700 of 7097 results.
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Result: The Rule is made absolute. Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....f pre-emption, cannot be examined by the Court in a pre-emption proceeding in order to be satisfied that prima-facie the order was passed in accordance with law, that is to say, whether the mandatory provisions of section 117(e) of the E.B.S.A. and Tenancy Act were complied with on the face of the r...... destroys a co-sharer’s statutory right of pre-emption, cannot be examined by the Court in a pre-emption proceeding in order to be satisfied that prima-facie the order was passed in accordance with law, that is to say, whether the mandatory provisions of section 117(e) of the E.B.S.A. and Tenancy ..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......n place of plot No.138,
but no finding about possession of the plaintiffs in the suit land and their
dispossession by the defendants as alleged has been given.
11. The established principle of law is
that, in a suit for declaration of title and recovery of possession, the plaintiff
must pro..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
.... guarantee will severely hamper the profitability, liquidity and operating capability of the company which amounted to duress. The respondents cannot claim VAT for more than last three years as per provision of secÂtion 55 of the Value Added Tax Act, 1991 and they are illegally claiming the add...... the Value Added Tax Act, 1991 and they are illegally claiming the additional VAT in violaÂtion of section 55 of the aforesaid Act. The claim of additional VAT against the petitioner is illegal, unlawful and arbitrary and the respondent's claim for payment of additional VAT cannot sustain in law..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
.... to be provided for in perpetuity". Trusts are generally created by Hindus for the establishment of a temple and setting up a particular deity therein, and it is regarded as quite proper to make provision for the celebration of pujas of such deities who are worshipped periodically or occasional......lip;……………………(13) The relation of a Shebait in regard to the debuttor property is not that of a trustee to trust property under the English law. In English Law, the legal estate in the trust property vests in the trustee who holds it for th..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....ng on behalf of the appellant submitted that according to the school record and the S.S.C. record, the victim was born on 01.04.1993 and she was, therefore, below 17 years of age and according to the provision of The Majority Act she was a minor and, therefore, according to the provisions of t...... that she voluntarily left home on 15.03.2009 with the man of her choice and married him on 17.03.2009, she further stated that she was willing to be placed in the custody of her husband or mother-in-law. In view of such statement the learned Sessions Judge, Laxmipur who considered the application o..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......§ŕ§©(১৯)-শিক্ষা dated 31/08/2000, the respondent is qualified to be appointed and act as Principal of Abdul Malek College and though the circular dated 10.10.2006 has got no force of law but for all such appointments the above circular is being followed by the concerned officials of..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Md. Saiful Islam and others Vs. State and another, 2009, 38 CLC (HCD)
.... 2000 pending in the Nari-O-Shishu Nirjatan Daman Tribunal, Sirajgonj is hereby quashed. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 420. ...... A naraji petition is treated as a fresh complaint. Taking cognizance of offence on the basis of naraji petition without examining the complainant under section 200 is without jurisdiction, unlawful and abuse of the process of the Court…………………………(11) Cases Referred t..Category: Women and Children | Date: 8 Dec, 2009 | Hits: 14
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....of the petitioners may be cancelled without serving any show cause notice but the requirements of compliance of the rules of natural justice cannot be excluded nor can be excluded by a statutory provision. Furthermore, simply because no prior notice is required for canceling the appointmen......nts Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administrative law that before any order is passed which is likely to adversely affect a person it is essential tha..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
....s such other order as to this
court may seem fit and proper.
2. The petitioner have filed this writ petition as public
interest litigation where they have claimed that violating the statutory
provision laid down in section 125 of the Dhaka City Corporation Ordinance,
1983 respondent No. 3 i......e respondents to show
cause as to why the step of the respondents to construct a new road through the
Azimpur Graveyard by destroying thousands of graves should not be declared
illegal and without lawful authority and/or pass such other order as to this
court may seem fit and proper.
2. The..
Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦(19) Application of the Code of Criminal Procedure The language used in Section 141 of the Negotiable Instruments Act with a non-obstante clause makes it clear that the provisions of the Code of Criminal Procedure shall not be applicable in the case of filing of the p......ner as there is prima facie case of cheating and also Civil Suit under sub-section (3) of Section 138 of the Negotiable Instruments Act, 1881 for realization of money in quesÂtion in accordance with law. 29. In the cases of S A Sultan Vs. The State and another reported 44 DLR (AD) 139, Aminur ..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
....d the said appeal cases by analogous judgment dated 9th April 2002 (annexure-D and D-1). 7. It is further stated that after the judgment given in the appeal cases under Rule 31 there is no provision other than to send the DP khatian to the settlement Press for final publication under Rule......2859 and 3025 of 1999 with a reference to Miscellaneous Case No. 760 of 2002 (Annexure-E, E (1), E(2), E(3), E(4), E(5), E(6) and E(7) should not be declared to have been passed illegally and without lawful authority and why direction should not be issued to send the draft publication of Khatian Nos..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....consideration. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 196, 15 BLC (AD) (2010) 161; VII ADC (2010) 560, 31 BLD (AD) (2011) 25. ...... made out. Since no such attempt was made on behalf of the respondents, the recommendations of the PSC, under challenge in the Rules are declared by the High Court Division, to have been made without lawful authority and the Rules were made absolute. 5. The Civil Petition No. 1158 of 2009 and t..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)
....oner, wherein he claimed himself absolutely innocent and also claimed that in this case he has been made a victim of a deep rooted conspiracy and that the instant case being a trap case the mandatory provisions of law prescribed therefore, in laying and conducting a trap case has not, at all, been f......uty of the Courts of justice to try to get at the real intention of the legislature by carefully attending to the whole scope of the statute to be construed. When the parliament or the framers of the law employed certain expression which admits of no doubt, the Courts are not entitled to by a differ..Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10
Md. Mainul Haque Bhuyan Vs. Md. Akkas Miah, 2009, 38 CLC (HCD)
....ided by Order VII Rule 11 of the Code. Order VII Rule 11 of the Code prescribed the circumstances when a plaint would be liable to be rejected. In the cause title of the application of this case, the provisions of Sections 13 and 28 were found and relief is prayed for under section 27 of House Rent ...... order of stay of the impugned judgment and order dated 11.4.2007 on 2.9.2007. 7. None appeared for either of the parties when the matter was taken up for hearing. It is a settled proposition of law that this Court can dispose of the Rule in exercise of its revisional jurisdiction under section..Category: Tenancy Law | Date: 6 Oct, 2009 | Hits: 127
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ...... the place and she took shelter at the house of one Shah Sarder and spent the night in his house and on the following day she returned to her house and narrated the incident to her brother, sister-in-law, and others and a salish was held but the accused persons did not appear and subsequently she lo..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... a news item was broadcast at about 9:00 p.m. on Channel I which caught our attention. It was reported that a minor girl by the name of S. [the identity of the girl is withheld in compliance with the provisions of section 17 of the Children Act, 1974 and section 14(1) of the Nari-o-Shishu Nirjatan D......seek justice and the 7 (seven)-year-old child, who reads in Class III, was sent to safe custody. She is so young that she cannot sleep without her mother. The mother posed the question: "what type of law is this?" It further transpires from the report that the parents are not allowed to visit the gi..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
....e with regard to the State Acquisition Khatians. There is no presumption of
correctness in respect of the State Acquisition Khatians as it is to be found in case of C.S. Khatians in pursuance of the provision under section 103-B of the
Bengal Tenancy Act."
12. Mr. Neaz then
has placed t......eemptor has failed to prove his title as being owner of the land contiguous
to the case land but the Courts below without adverting to the materials have
allowed the preemption which is an error of law and as such, the judgments are
liable to be set aside. He further submitted that the Courts bel..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......d after it put into auction for three times, as such, this portion of the judgment directed the Government to sell the suit property to the plaintiffs was passed illegally and not sustainable in law. 14. Although learned Judge dismissed the claimed of the plaintiffs as to acquire of ..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....between the offences punishable under these two statutes' rather the liability under section 138 of the NI Act, as imposed for dishonour of cheque, is a strict liability. 11. Upon perusal of the provision of section138 of the NI Act, 1881 (as amended on February 9, 2006), we are of the consider......0 DLR (AD) 195, Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others. 8. We have considered the submission of the learned Advocates, perused the materials on record as well as the relevant law and the decision cited. 9. The submission made by the learned Counsel for the accused petit..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
54655160864285598143529981448602896885557897940038698682813380265300858789625280