Search Options
Judgment Advanced Search
Displaying 821-840 of 970 results.
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
..... 1. Now the question what should be the right approach for a court of appeal in deciding a question of fact already decided one way by the Court of first instance has drawn attention of higher courts. In the case of Radha Prasad Singh Vs. Gajadhar Singh and others, A.I.R. 1960, SC 115......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....truction of the old structures by fire. Here the tenant is found to have reconstructed the premises with landlord's permission, using his own materials and continued to pay monthly rent though at a higher rate, which was tagged with the value of the land. The question is whether the using of his ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....tion took place, any documents were exhibit or any hearing took place. He submits that the Memo. was purely an inter‑departmental communication addressed by the Superintending Engineer to his higher authority, namely, the Additional Chief Engineer, with a view to obtaining advance sanction...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......914) 84 LJ KB 396). But if the accused in such a case does not give any explanation at all or gives a false or unacceptable explanation, this by itself is a circumstance which may well turn the scale against him. In the language or Prof, Glanville Williams, "All that the shifting or the ev..Category: Criminal Law | Date: | Hits: 49
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
.... of acquittal even though in one case the acquittal was on one of two separate charges and in the other it was implied, the accused having been convicted for a lesser offence although charged under a higher offence (as in the present case but here the appellant has been expressly acquitted under sec......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......tion was that of Zaglul Haldar alias Bhulu. The bitterness created in the election between the parties continued and it is alleged that on 21.5.85 at about 2 p.m. men of Bachhu Haider committed large scale rioting in Dighirpar Bazar with fire-arms etc. in which two people, Mobarak Haider and Dulal H..Category: Criminal Law | Date: | Hits: 48
Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....Âcation for extension of the lease for a further period of 3 years, 1392 to 1394 B.S., Government decided 10 leases out the fishery for the aforesaid period at Tk. 30, 000/- for 1392 B.S. and at 10% higher for 1393 and 1394 B.S. in its favour. The letter dated 13lh March 1985 which communicated the......i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
.... in the aforesaid writ petition alleging that the order was illegal and without jurisdiction and further that; it was made malafide having been obtained by respondent No. 4 by exerting influence upon higher authority against whom he had filed, a damage suit claiming compenÂsation. It was asserted t......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
.... Dhaka High Court and retired as a Chief Justice and then died in Dhaka in 1982. This fact has not been disputed. Again the reÂspondent mentioned that he was sent abroad while he was a boy of 11 for higher studies to U.K. and traveled on a Pakistani passport at Dhaka showing his permanent residence......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
....er also, and if so, he might submit fresh offer on cash basis in sealed cover to reach him by 12.00 hours of 18 December 1986. It was further stated in the letter that in case the cash offer "becomes higher than the earlier credit offer" the required earnest money at the rate of 2.50% for the 'exces...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
..
Category: Business or Commercial Law | Date: | Hits: 95
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....titution of Schedule I of 1981 for Schedule I of 1960 of the said Act. In other words, whether the High Court Division has correctly construed the statute holding that section 35A, which provides for higher amount of Court-fee than the maximum limit fixed in the Schedule, is very much in force and h......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....rvice) Regulation, 1979. Respondents came to know of the list in November 1981 when some of the 42 Senior Account Assistants who were below the respondents in the merit list were promoted to the next higher post as Junior Account Supervisor in July 1981. AccordÂing to respondents, the seniority lis......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......t may act; but the section does not say that the confession is to amount to proof. Clearly there must be other element in the consideration of all the facts proved in the case; it can be put into the scale and weighed with other evidence.’ This court then noticed the observation of the India..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....petiÂtioner Towhid F.C.S- for 3 years from 1392 B.S. to 1394 B.S. at 25% enhanced rate over that of 1391 B.S. for the 1st over of 1392 B. S. and for 1393 & 1394 B.S. the lease money shall be 10% higher than that of each proceeding year. He is also requested to realise the arrear rent from th......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....f the assessee for the year in question. Fit is a remuneration of the assessee then it is a revenue receipt. The learned Judges however overlooked that the income of the assessee went up to a much higher figure in the following year. Hence it could not be said by any stretch of imagination that ...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
.... his innocence, but the entire burden of proof of his guilt lies on the prosecution alone and till that time the preÂsumption of innocence continues, whether the case is before the trial Court or at higher forums. Again, law does not require a partiÂcular number of witnesses to prove a case and co......nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ..Category: Criminal Law | Date: | Hits: 56
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....e trial Court order dated 30 March 1981 to depoÂsit She money within the specified time retaÂined its operative force in view of the fact that the order itself was subject to appeal and revision in higher forums in which opeÂration of the impugned order allowing preemption was stayed and whether ......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... of the Code of Criminal Procedure, 1898 (V of 1898). These provisions imply that if any appeal is provided against the decision of an ElecÂtion Tribunal, it must lie to a person or authority higher than such Tribunal and at the tame time exercising the powers and functions of a Court, par...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....nal power under section 115 of the Code of Civil Procedure…………….(42) Practice and procedure When some principles of law or procedure are violated leading to miscarriage of justice, higher Court can always interfere…………….(27) Cases Referred to- Md. Alladat Khan vs....... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......r, to be precise, by the Assistant Registrar; that the respondent drew his salary from the Accountant General and was given all service benefits to which other governmÂent servants are entitled. Pay-scales of the respondent and other employees of the bank, it was pointed out were prescribed by the ..Category: Employment/Service Law | Date: | Hits: 124
18131812179817501723172217161693168516721654164816471643163916311622161416131606