Search Options
Judgment Advanced Search
Displaying 701-720 of 3272 results.
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......d Planters and Traders Ltd. Vs. Mosharraf Hossain Khan, 34 DLR 345, a learned Single Judge of the High Court Division held that the provisions of s. 38 are very wide and the Court has ample scope and power to grant relief and save the parties from being harassed and unnecessarily relegated to protra......uddin Ahmed CJ MH Rahman J ATM Afzal J Tamizul Haque and another..............Appellants Vs. Shamsul Haque and others.................Respondents (In Civil Appeal Nos.39 to 41 of 1986). M/s. Haque Brothers Limited..................Appellant Vs. Shamsul......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
....poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
......urt can decide the disputed question of fact and election Tribunal is the only forum to ventilate any such grievance. ....................... (3)
The Election Commission has been vested with the power to organise, hold and conduct the election of Chairman in accordance with the law and the rule......tion Commission for recounting and the Chief Election Commissioner illegally and arbitrarily passed an ex parte order for recounting without any enquiry without giving Respondent No.10 an opportunity to be heard violating the principles of natural justice.
Neither the Election Commission nor th......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ......p;……………….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilr......ip;………….Opposite Parties Judgment April 5, 1990. Result: This Rule is made absolute. Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. Case Referred To- Sabilri Bala Vs. Rohi......aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ......e plain dictionary meanings of the word "Government" as given in "The Oxford Advanced Dictionary of Current English" (Third Edition, twenty‑fourth impression, 1986) are (1) power to govern, (2) method or system of governing, (3) body of persons governing a state. In Stroud......spondents Judgment April 5, 1990. Result: The Rule is made absolute. A person shall be disqualified for election as for being a chairman of Upazila Parishad, if he is a party to a contract for work to be done for, or goods to be supplied to the Parishad concerned or has othe......the office of the Chairman of Dewanganj Upazila Parishad. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 16. ..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....ff to pay the earnest money as alleged, has spent much time on the alleged minority of the plaintiff to enter into the agreement. Now, here this question of minority has been raised in the context of financial capability. From this, it appears that the learned Subordinate Judge also decided the suit...... land and further to hide the date of purchase of the stamp he purposely pasted papers on the back of the stamp papers. He stated that defendant No.1 was the owner of the lands by a deed of power of attorney. He denied the suggestion that defendant No.1 did not execute Ext.4 and he had no ......aracter It is well settled that evidence of an expert witness is of very weak nature. The evidence and the opinion of the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26) Eklas Kh......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
.... motors and he went to the Ghatail PS where he found 3 accused persons, He identified the present appellant and the motors in court. He also stated that due to theft of the motors government suffered financial loss. The Engineer of BADC identified the electric motors. He further stated that bringing......roperty………………………..(13) The charge under section 16 of the Special Powers Act, 1974 can not be invoked for alleged theft of electric power pumps and consequently the order of conviction and sentence is not sustainable in law…&......lowed. The question is whether theft of electric pumps will be an offence punishable within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.... and vexatious litigation. We are of the view that this petition before this Court is not only frivolous but also vexatious and has been filed to unnecessarily harass the respondent No.5 and to cause financial loss to him for which the petitioner is liable to compensate the respondent No.5 (see...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ......fect the petitioner who is not resident of any of the villages taken away by the Government by an impugned notification. The residents of the villages in question are the only persons who may be said to be affected by the impugned notification and as such the petitioner not being resident of any of ...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......he Summary Military Court is void ab initio, without jurisdiction, malafide, baseless and has no legal effect or force and does not bind the plaintiff as the Summary Military Court exercises its power illegally and without jurisdiction and malafide with colourable use of power and without lawfu...........Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahme......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......The Commissioner of Police, Calcutta and others, 41 C.W.N. 333 by a Division Bench of the Calcutta High Court and therein it was observed "The question for decision is whether section 100 Cr.P.C. empowers a Magistrate to order the detention of a person who is sui-juris. The words "shall make suc......s.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Da......t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......o the custody of the Government to satisfy its prior lien or charge. It was observed that though the judgment debtor had no dominion over the security money he had the full right of ownership and power of disposal in respect of the sum of money that might be left after discharging his liabilit...... The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the defendant's transaction with the Bank and that the vessel ...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....same day i.e. 15th August 1987 another order was passed directing the detention of the detenu for thirty days with a view to preventing him from indulging in activities prejudicial to the economic or financial interests of the State. 27. The High Court Division held that the subsequent ord......l bond could be executed on that date and so he was taken back to the custody and immediately thereafter the detention order was served. The sequence of events show that it was colourable exercise of power and mala fide on the part of the respondent. 10. The learned Additional Attorney-General ...... Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available ......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
...... of Emergency under clause (1) of Article 30 of the Constitution of Pakistan 1962 and on that very day he promulgated the Defence of Pakistan Ordinance (Ordinance No.XXIII of 1965) in exercise of the power under clause (4) of Article 30 read with clause (2) of Article 131 of the said Constitution to......
Present:
Bimalendu Bikash Roy Chowdhury J
Subitri Bari………………………………Petitioner
Vs.
Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others…&......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......arned Judges of the High Court Division, we find on the authority of the two decisions cited by the learned counsel for the appellants that the Government in this particular case did not get any power under the lease deed to enter into the premise and demolish the construction made by the lesse......ip;……………………………Respondents Judgment April 23, 1986. Result: The Rule is discharged. Cases Referred to- Hasna Mansur & others Vs. Secretary, Ministry of Public and Urban Development and ......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ellant it was submitted that the Government issued a notification on 18th November, 1972 to the following affect:- "No.S-1/4R-1/72/532-18th November, 1972—In exercise of the power conferred by Article 6 of the Bangladesh Local Councils and Municipal Committees (Dissolution ......side and the accused respondent was acquitted. 2. The appellant Most Ayesha Sultana @ Minu made a complaint on 2.4.81 before the Sub-Divisional Magistrate Narayanganj saying that she was married to accused Shahjahan Ali according to Muslim Law on 31.5.74 when the dower was fixed at Tk. 25,000/-......ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......ioner submits that in the case of Nader Ali Sheikh Vs. The State, 1984 B.L.D. (AD) page 7 the Appellate Division has observed that in appropriate cases even after the Sessions Judge has exercised his power u/s. 439A Criminal Procedure Code the High Court Division may exercise the inherent jurisdicti.................Petitioner Vs. The State.........................................Opposite party Judgment January 30, 1986. Result: The Rule is discharged. Cases Referred to- Nader Ali Sheikh Vs. The State, 1984 BLD (AD) page 7; Ram Singh Vs. The Crown, AIR 1950 (Ea......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......Tribunal itself is not a Civil Court within the meaning of section 3 of the Civil Courts Act 1987. Under Rule 48 of the Union Parishads (Election) Rules, 1983 the Election Tribunal shall have all the powers of a Civil Court trying a suit under the Code of Civil Procedure and shall be deemed to be a ..............Petitioner Vs. Abul Bashar Majumder & others...................Opposite-Parties Judgment January 7, 1986. Result: The Rule is discharged. Cases Referred to- Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; M......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....d order for withdrawal of the cases and the detenu accordingly was released from custody. He was carrying on his business peacefully, but his enemies began to adopt various means to harass him due to financial disputes with them. At their instance the police arrested the detenu under section 54 Cr.P......strict Chittagong from acting in a manner prejudicial to the public safety and maintenance of public order, it is necessary to make an order for his detention. Now, therefore, in exercise of the powers conferred upon me by the Government, I Md. Omar Farooq, District Magistrate, Chittagong .........Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Sho......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......…............Respondent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of......;……………………............Respondent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pendin......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
Sydul Haque Sowdagar Vs. Abul Kashem Chowdhury and others, 1985, 14 CLC (HCD)
....shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ......Muhammad, the learned Advocate for the complainant petitioner in substance submits that this Court should set aside the impugned order of acquittal of the accused opposite parties exercising the power under section 561A of the Code of Criminal Procedure. Section 13(1) of the Village Courts Ordi......Vs. Abul Kashem Chowdhury and others………………Opposite-Party Judgment July 23, 1985. Result: The Rule is discharged. Cases Referred to- Bangladesh Vs. Shahjahan Seraj (1980), 32 DLR (AD) 1. Lawyers Involved Mustafa Ni......shy;dings before the Special Tribunals. In the result, the Rule is discharged. Md. Abdul Jalil J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 14. ..Category: Criminal Law | Date: 23 Jul, 1985 | Hits: 1
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
....t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ......1956, section 226 of 1925 Act was repealed. It is not disputed that by section 3 of the Administration of Justice Act, 1956 the jurisdiction of the Admiralty Court in England was enlarged empowering the High Court of Admiralty of England to arrest any ship of the defendant in an action bef......aintiff Vs. M/s. L.S. Line & others..........................................Defendants Judgment July 8, 1985. Result: The order is stayed. Cases Referred to- AIR 1937 Calcutta 122 (123); 20 DLR 25; 34 DLR (AD) 110 (paras 9-10); 2 All ER, 274 (277).&......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
17415010899650075008502350057419727518631696764276099409941191479149935991419145