Search Options
Judgment Advanced Search
Displaying 7141-7160 of 7208 results.
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ...... the leave of the Court and it is in the discretion of the Court to grant or not to grant leave. It cannot be said that the learned Subordinate Judge failed to exercise his discretion properly in the facts of the present case. That being the position, the learned Advocate for the petitioners..Category: Civil Law | Date: | Hits: 137
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......perty. The High Court Division refused to interfere with these findings of fact in revision. Mr. Shahidul Alam Chowdhury, learned Advocate for the petitioner, on the face of the clear findings on facts arrived at by the lower appellate Court as to the title and possession of the plaintiff-respon..Category: Property Law | Date: | Hits: 73
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......was no legal bar in reinstating respondent No. 2. There may not be any express power in any Statute to exercise magisterial power while reinstating respondent No. 2 but the Deputy Commissioner in the facts and circumstances of the present case does not appear to have erred on the wrong side of equit..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......and order. 5. Khandkher Mahbubuddin Ahmed, learned Counsel appearing for the defendant petitioners submits that having regard to the case of the plaintiff as well as the defendants the important question is, who is in possession in the disputed land and that on consideration of the evidence on ......the learned Judge of the High Court Division erred in not sending the case back on remand to the lower appellate Court nor reappraisal of the evidence on record. Mr. Ahmed further submits that in the facts and circumstances of the case the learned Judge of the High Court Division acted illegally in ..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......ly established. The first charge established against respondent No. 1 is that he occupied a Government residence since 15 July 1984 till 19 June 1986 without paying any rents therefore by suppressing facts. The second charge established against him is that he had separated and kept in his office a t..Category: Administrative Law | Date: | Hits: 145
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......ther as to the arbitration clause being not available on the ground of the agreement being not effective. This Division while dismissing its CPLA No. 368 of 1992 on 3 November 1992 observed: ‘These questions may better be raised before the learned Subordinate Judge” where the award was pending f......rwise invalid. The appeal was accordingly dismissed by the impugned judgment and order. 9. Leave was granted to consider whether the aforesaid findings of the High Court Division were contrary to facts and law applicable in the matter and further whether the award was otherwise vague and unenfor..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ....... Sharon Laily Begum Jalil of Civil Appeal No. 59 of 1995 were man and wife and the latter having been divorced by the former in the month of May, 1995 following a breakdown of marital relations, the question of custody of their four minor children, namely, Mohammad Nurul Alam Jalil (born on 23-4-19......ok after the welfare of the minors and that having been divorced by the respondent, she would be living in England beyond the territorial jurisdiction of Bangladesh. It was also submitted that in the facts and circumstances of the case the petitions under Article 102(2)(b)(i) of the Constitution wer..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ...... product of subsequent manipulation. The plaintiffs positive case is that these two documents Ext. 1 and 1(a) are unregistered documents and in a suit for specific performance of contract the primary question is whether the plaintiff has been able to prove the genuineness of the agreement by produci......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......7. Result: The appeal is dismissed. The Limitation Act, 1908 (IX of 1908), Section 18 The Evidence Act, 1872 (1 of 1872), Onus of Proof Fraud having been perpetuated on the mother, the question of limitation will run from the date of knowledge of the impugned deed of sale and conseque...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......6 February 1994 passed by the High Court Division in Civil Order No. 653 of 1994). Judgment Bimalendu Bikash Roy Choudhury J. - In this appeal by leave the defendant Utpal Kanti Das calls in question the propriety of the judgment and order dated 6 February 1994 passed by the High Court Divi......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... direct the Parliament to make laws. Nor is it obligatory for the President to make rules. No Court can similarly direct the President to make rules, because the rule-making power of the President is identical with that of the Parliament. 38. The Indian Supreme Court has repeatedly held that it is ......tion in Writ Petition No. 813 of 1993 by judgment and order dated 16-11-94 granted leave to the respondent-appealants under Article 103(2)(a) of the Constitution “as the case involves a substantial question of law as to the interpretation of the Constitution particulary Article 102 read with Artic...... Making a distinction between selection for the purpose of admission to a college and selection for appointment to service the Supreme Court of India, (judgment by Chinnappa Reddy, J) observed in the facts of the Rajasthan Case of Lila Dhar vs. State of Rajasthan, AIR 1981 (SC) 1977, that the observ..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ...... become infructuous. 3. The writ-petitioner, it appears, filed another application for stay of the operation of the order of suspension dated 1-12-96 but the High Court Division upon noticing the facts stated application and referring to its own order rejected the application as redundant by its..Category: Others | Date: | Hits: 112
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
....he Petitions) Judgment April 30, 1997. Result: The petitions are dismissed. The Evidence Act, 1872 (1 of 1872), Section 5 In both dying declarations names of the assailants are identical and the second dying declaration being nearer to death the learned judges rightly believed...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..Category: Procedural Law | Date: | Hits: 157
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......ce of notices. He also submitted High Court Division was equally wrong in holding that there was no concrete allegations and material showing that defendant No. 1 was trying to sell the properties in question or to close down the business in order to obstruct or delay the execution of the decree and......ng with a party’s right to use and enjoy its own property before any decree is passed, the Court should be very circumspect in allowing such prayer and must decide the matter on the strength of the facts of each case. A big company like respondent No. 1 could not be and should not be prevented fro..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......ndant in the same suit. As in fact no harm was done to plaintiff respondent no. 2 the substitution of reprimand in place of debarring the respondent no. 1 for 5 years as punishment is adequate in the facts and circumstances of the case……………..(15) Lawyers Involved: AY Moshiuzzaman, Ad..Category: Others | Date: | Hits: 105
Al-Haj Abul Basher Vs. Bangladesh and others, 1997, 49 CLC (AD)
....same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ......only 10% remains to be paid. The Ministry of Land has never issued any order for release of the land of the petitioners. Consequently, the petitioners cannot lawfully claim for release of the land in question. 4. Mr. Abdur Razzaq, learned Advocate appearing for the petitioners submits, first, tha......same cannot be said to be arbitrary, unfair and illegal. For the reasons stated above, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 11, 1997 BLD (AD) 321. ..Category: Property Law | Date: | Hits: 81
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......udgment and Order dated 19-12-96 passed by the High Court Division (Vacation Bench) in Civil Revision No.4000 of 1996). Judgment Mustafa Kamal J.- In both these two appeals by leave a common question of first impression and of considerable public importance is involved. Leave has been commo......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ..Category: Procedural Law | Date: | Hits: 138
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......s served upon the respondent on 11-12-89 and then he was ultimately dismissed by the Director General of the Academy by order dated 25-1-90 as referred to above. This order of dismissal was called in question by the respondent by filing the aforesaid writ petition. 3. Several points were raised ....../বিভাগীয় মামলা নং-৫/১৬৩৩ dated 25-1-90 dismissing the said respondent from service was passed without lawful authority and of no legal effect. 2. Material facts of the case, briefly, are, that the said respondent was appointed as a Director of the Departm..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......idence as to from whom those were purchased or from where those were fabricated cannot deprive the plaintiff from recovering the price of the same from the defendant Nos. 1-5. 19. In the facts and circumstances and discussion made above we find merit in this appeal. In the result the ap..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
446444443442441439438437436435434433432430428424423422420389