Search Options
Judgment Advanced Search
Displaying 7021-7040 of 7208 results.
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ...... of the victim is not disputed and the same has been proved by the evidence of the doctor PW 5 who held post mortem examination over the dead body of the victim and evidence of other witnesses. The question is who had murdered the victim with stab injuries as found by the doctor. Accused Saiful w......dical College Hospital where the doctor declared the victim dead. Thereafter PW 4 to his residence and met PW 1 Roushan Ara, PW 3 Md Rabiul Alam and other tenants and came to know about the above facts of Saiful Islam, Billal and Dulal calling and taking away the victim. Thereafter he lodged fi..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......overnment of Bangladesh having not been impleaded the suit was bad for defect of parties. High Court Division found that Court of appeal below did not reverse the finding of the trial Court on the question of law referring to the relevant provisions of the Rules and there is no finding as to whe...... filed by the respondent No. 1 at the time of hearing of this appeal that defendant No. 6 directed the defendant No. 1 to implement the judgment of the High Court Division. 14. In the above facts and circumstances and discussion made above we find no merit in this appeal. In the ..Category: Others | Date: | Hits: 84
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......sion Dhaka in Wit Petition No. 6059 of 1997). Judgment Latifur Rahman CJ.- This civil petition for leave to appeal by added respondent No. 4 calls in question the order dated 31-1-2000 passed by a Division Bench of the High Court Division in Writ P......there was a pending order by another Division Bench. The learned Judges who passed the impugned order ought to have been very careful and mindful in passing such order. 6. Now coming to the facts of the present case. Mr. SS Halder, learned Advocate appearing for the writ petitioner, subm..Category: Others | Date: | Hits: 88
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......with the scribe inserted the term of reconveyance at the time of presentation of the deed for registration beyond knowledge of the said Abdul Gafur Mridha. According to the defendants, the deed in question was out and out a deed of sale and hence the suit for redemption of mortgage is not mainta......the parties became a past and closed transaction. 6. Leave was granted to consider the following submissions of the learned Advocate for the plaintiff-appellant: (1) Whether in the facts and circumstances of the case the suit for redemption of mortgage is maintainable or not and ..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ...... X was not placed before the Board of Directors of the said Bank If it is conceded that the said letter Annexure X is substantial compliance of the requirement of notice under Article 114 the next question is, whether there is any necessity of placing before the Board of Directors for recommenda......st setting aside of the election of a successful candidate in an election. But that analogy will not hold good in respect of the election of directors of a company including a Bank Company. In the facts and circumstances of the case appellants representing majority shares having contested the wr..Category: Business or Commercial Law | Date: | Hits: 107
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
....t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ...... by leave, from a judgment of the High Court Division dated 30 April 1998, which discharged the Rule Nisi issued in Writ Petition No. 1857 of 1994 preferred by the appellant. 2. The salient question in this appeal is, whether after the omission of clause (8) of regulation 42 of the Bangla......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..Category: Employment/Service Law | Date: | Hits: 69
Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)
....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......m the judgment and order dated 24 August 1998 passed by the High Court Division in FMA No. 27 of 1997. Judgment: Bimalendu Bikash Roy Chowdhury J.- The relevant facts are brief. The petitioner along with another brought in the First Court of Subordinate Judge..Category: Procedural Law | Date: | Hits: 97
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......undamental rights Mr. Abdur Rab Choudhury, learned Counsel for the petitioner, submits that the High Court Division was wrong in its view that the writ petition was not maintainable. 8. The question is no longer res integra. It has been answered by this Court in Mujibur Rahman vs. Banglad......eave to appeal from the judgment and order dated 24 November 1998 of a Division Bench of the High Court Division discharging the Rule Nisi in Writ Petition No. 647 of 1998. 2. The relevant facts are brief. Being successful in the 12th BCS Examination the petitioners were appointed to the..Category: Constitutional Law | Date: | Hits: 151
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ......ngement of delimitation of wards and the Delimitation Officer on consideration of territorial unity, distribution of population and administrative convenience made the delimitation of the wards in question and that allegation on such variation of population cannot be resolved in a writ petition ......dinance, 1977 (II of 1977), Section 21 In writ jurisdiction under article 102 of the constitution variation of population of constituencies can not be resolved as it requires adjudication on facts on evidence. Chairman of a pourashava can not be an aggrieved person within the meaning of a..Category: Others | Date: | Hits: 82
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......hen the matter came up for hearing before a Division Bench of the High Court Division the Court passed an order requesting the learned Attorney-General to appear in this case as it involved important questions of law having far reaching effect. The learned Attorney-General was notified and on 27-6-1......as Syed Ishtiaq Ahmed rightly, pointed out, Articles 116 and 116A will be only making binds. What is that teeth? Are mere meaningful and substantive consultations and full disclosure of all connected facts during consultations enough? These are no doubt essential and necessary requirements in the pr..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ...... lower appellate Court that the signatures of the plaintiffs obtained on the blank stamp paper was used collusively to convert it into an arbitration agreement. This argument rests on a finding of facts which this Division hardly interferes with. In the instant suit the plaintiffs in an independ..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ...... as the Act. 3. The literal translation of this sub-section would be Subject to the provision of section 7 no proceeding, order, judgment and decree of an Artha Rin Adalat can be called in question before any court or any other authority.” If we take this provision literally it wou......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Jihad Ahmed and others Vs. Bangladesh Power Development Board and others, 2000, 29 CLC (AD)
.... accepted. 8. Consequently, both the points of Sheikh Razzaque Ali failed. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 75. ......ent Board (Employees) Service Rules, 1982 and in public interest they have been transferred from one district to another which is lawful and the same cannot be challenged. 4. The material question for determination is, whether Class III employees who belong to the PDB can be transferred......nstruction cannot have the overriding effect on the Service Rules of the PDB. The case of Bangladesh vs. Shafiuddin Ahmed, 50 DLR (AD) 27 cited by the learned Advocate is distinguishable from the facts of the present case. As in that case the breach constitutes a violation of some statutory or ..Category: Employment/Service Law | Date: | Hits: 90
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......ing Director. 9. Proviso to section 46(2) of the Act speaks of “in the opinion of the Bangladesh Bank”. Formation of an opinion is undoubtedly result of mental exercise of any question. Normally for forming an opinion there is existence and consideration of some relevant mat......nion need not be mentioned in the order communicated to Director, Chairman or Chief Executive of the banking company. 12. In our view the High Court Division committed no illegality in the facts and circumstances and the law involved in the instant case in discharging the Rule. So the im..Category: Business or Commercial Law | Date: | Hits: 116
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......ing of votes one chairman candidate namely, Haji Ajman Ali with the help of some hired ‘goondas’ had snatched away the ballot boxes and all other election materials from the centre in question and thereby the presiding officer could not prepare the result sheet and the Returning Of......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......r dated 25-2-98 cancelled the Jimma of the girl and put her in the judicial custody for the sake of smooth investigation observing that further examination of the girl was not necessary and that e question of her custody will be considered after submission of the police report on conclusion of i......the High Court Division acted judicially and properly in passing the impugned order. 12. It appears from the impugned judgment that the High Court Division without considering the relevant facts and circumstance of the case, particularly the fact that the appellant mother has alleged tha..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... Court Division. But there has not been an elaborate discussion of the evidence on record. It is needless to say that a duty is cast upon the lower appellate Court to write out a proper judgment on facts while disposing of an appeal. 8. From the trend of cross-examination that was made b..Category: Criminal Law | Date: | Hits: 61
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....-87 stopped the proceeding under section 339C Code of Criminal Procedure and released the appellant. Upon a prayer of the public prosecutor the case was, however, revived on 26-2- 87 and again for identical reason it was stopped on 1-8-90 and the appellant was again released from the case under ...... For the Petitioner. Ex-parte — Respondent. Criminal Appeal No. 11 of 1995. Judgment Md. Abdur Rouf J.- A short but important question has been raised in this appeal by leave as to whether in view of the provision of section ......he Penal Code read with section 5(2) of Act II of 1947 in Special Case No. 141 of 1984 of the Court of Divisional Special Judge, Khulna triable under the Criminal Law Amendment Act, 1958. Relevant facts in short are that the appellant as a store keeper of the Agricultural Development Corporation..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49....... Munshi…………….. Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through inves......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49...Category: Civil Law | Date: | Hits: 142
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ...... only in name or whether he actually working in a managerial capacity. This fact is to be determined by the Labour Court and not the High Court Division. It has been held that whether the post in question is the post of an officer or a worker or workman is purely a question of fact which ought ......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ..Category: Labour and Industrial Law | Date: | Hits: 138
612611610609608607606603599598596595594593592591588586584581