Search Options
Judgment Advanced Search
Displaying 941-960 of 1085 results.
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......esult:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad O......ualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendr......the lower the income the higher the rate of compensation. Munir CJ., upholding the classification observed that if the Legislature once decided to abolish the system of private landlordism in agricultural land and the resources of the State were not sufficient to compensate the outgoing landlord..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......is special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the windin......d this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the wi......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......he plea that the security on the basis of which the loan was taken has ceased to exist or destroyed…………………(56) Loan-Contract-Guarantor’s Liability Guarantor’s personal liability for repayment of a loan, even though the principal debtor remains liable for the same. The creditor ...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appea......nterest at, the rate claimed by the plaintiff but at 12% per annum which is a lower rate. According to him, the minimum rate of interest prevailing at the date of decree is seen to be provided on agricultural loans which were 10%, this being the concessional rate but the rate for ordinary advances i..Category: Civil Law | Date: | Hits: 110
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......y appointing the committee………..(6) The order of the Administrator under section 44 has not been challenged as arbitrary or capricious. This being an innocuous order for the benefit of the waqf estate no interference is called for……..(8) ......J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The Waqf Ordinanc......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......ority and no order of injunction shall lie…….(7) The Bank wanted to proceed against the properties which were offered as security against the loan obtained by the appellants before it was treated as abandoned property, but in all fairness the Bank should have made them parti..............Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ...... 1985, has answered the question in the negative over turning the trial Court's decision given in Title Suit No. 391 of 1983 of the Sixth Court of Munsif, Dhaka, which was filed by the respondent before us. 2. The respondent, Mohammad Sanaullah, was first appointed as an ordinary employee in th..........................Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily include......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
....B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......ink it was absolutely necessary to hold the inquiry with notice to and in the presence of the appellant. At the very least he ought to have been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which......ahman J
ATM Afzal J
Sk. Ali Ahmed.....................................................Appellant
Vs.
The Secretary Ministry of Home Affairs, Govt. of the People's Republic of Bangladesh and others.. .................................Respondents
Judgment
July 29, 1987.
Result:
......B’ to the writ petition) has been passed without lawful authority and is of no legal effect. 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
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......t 31, 1987. The Pourashava Ordinance, 1987 (XXVI of 1987) If any individual elected commissioner or the Chairman himself do come within the mischief of law then the necessary steps can be taken for his removal which is authorised by law. But certainly the Paurashava a corporate body which is e......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......e allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a complaint is not a ground for quashing a proceeding, for there are varied circumstances in which lodging of any information as......40 DLR (AD) (1988) 69 ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......isqualified from holding the office and the Court in its extraordinary jurisdiction will entertain the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla ......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Mostafa Hossain ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismiss....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......ent No. 1 is the Chairman and appellant No. 1 is the Managing Director. This arises in a winding up proceeding under section 162 of the Companies Act, namely Company Matter No. 21 of 1986 pending before the High Court Division, 2. The application for winding-up the company was filed by re......buddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Case......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ...... the High Court Division in Writ Petition No. 179 of 1985. 2. Facts in a nutshell are as follows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the lease deed ......r AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ...... M.H.Rahman J.-The respondents, on behalf of the deity Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The pl......ip;………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, 1986. Cases Referred to- Hunoomanpersaud Panday (1856) 6 M.I.A. 393 (PC) Prosunno Kumari Debya (1874-75) 2 I.A. 145 (PC); Maharanee S. Debya ......9. In Palaniappa Chettv V. Sreenath Devasikamony Pandara, AIR 1917 (PC) 33, it is held that a permanent lease of temple lands at a fixed rent, or rent free for a premium, whether the lands are agricultural lands or a building site, is valid only if made for a necessity of the institution and it ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......urt Division, Dhaka Bench, in Second Appeal No. 368 of 1974. Respondents filed Title Suit No. 163 of 1968 in the Court of Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declaration of the plaintiffs' title la certain share of the sui......ivision (Civil) Present: F.K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the company only under the conditions provided under those provisions. Before exercising the powers conferred under section 79 (3), the Court must be satisfied that it has b......……………...Appellant Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court ...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......testing witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, its nature, genuineness and its validity. There must be some tangible justification for making such a claim or resisting this consequences arising from the agreement……(12) ......This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... 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. ......tan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-respondent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T...... 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 Division 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. ......le, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land mortgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an e......gment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separ......rder of the High Court Division 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. ..Category: Employment/Service Law | Date: | Hits: 124
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......l 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (Amendment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no. 3 not filling an election petition before the Election Tribunal after result of the election was declared on 7th of June 1984, he is not ......car, Advocate instructed by Wahidullah, Advocate-on-Record— For the Respondent No. 3. Not represented—For the Respondent Nos. 1-2 & 4. Civil Appeal No. 34 of 1985. From the Judgment and Order dated 4.3.85 passed by the High Court Division, Dhaka in writ petition No. 20 of 1985. ......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......and order passed by a Bench of the High Court Division of this Court in an application filed under Article 98 of the Constitution of Pakistan of 1962 under which the respondent Md. Abdul Majid prayed for a declaration that the notification No. SRO-183(K.)/70 dated the 3rd February, 1970 issued by ...... no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
18661862185218391827172716931691167316641645164316351634162816261613160615941583