Search Options
Judgment Advanced Search
Displaying 941-960 of 7208 results.
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......reasons aforesaid and being contrary to the provisions of law and the decision referred to above is not a sound proposition of law and could not be relied upon. 16. In that view of the matter, no question of any promissory estoppel arises on ground of acceptance of any, salami, for making a tena...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......re, the land vested in the Government free from all encumbrances and the right title and interest of the original owner in those lands were extinguished. By MLO 128 of 1986 acquisition of the land in question was reconfirmed. The Senior Sub-Assistant Engineer, Bangladesh Railway had no authority to ......be directed not to interfere with the peaceful possession of the petitioner in the case land, and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a limited company incorp..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......victim Asmat Ali was alone when he was assaulted and he could not resist the assault and the accused‑appellant Monohar Joarder assaulted him freely without any resistance from any quarter. Now, the question arises if the accused Monohar had any plan or premeditation to murder the victim, it appear...... be convicted under section 304 part II of th Penal Code and other accused, against whom inflicting specific injuries could not be proved, ought to have been acquitted. 12. Placing all the above facts and circumstances of the case and materials on record, learned Advocate submits that the charg..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......tion of the order of status quo and a Miscellaneous Case was registered and the same was allowed and thereupon structures in the land were attached and, as such, in the background of the aforesaid facts even though there was no amendment of the plaint seeking mandatory injunction for restoration..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......s. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier opportunity i.e. at the time of admitting the document into evidence, the question of its admissibility cannot be raised at a subsequent stage………..............its that the appellate Court has reversed the findings of the trial Court on all points and has categorically observed that the Assistant Judge, the trial Court, has misconceived and misconstrued the facts of the suit. The learned Lawyer also submits that the agreement was duly proved and it was fil..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......nd another Vs. United Grain & Fodder Agencies, reported in 16 DLR (SC) 155 followed in the case of Nadira Rahman Vs. Sayed Amir Hossain, reported in 35 DLR 277 has no manner of application in the facts of the instant case wherein it has been held as under: “The Limitation Act does not..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......mately, the decree was passed finding the plaintiff-opposite parties in possession of their claimed land (6‑80 acre). Therefore, the civil Court was very much in seisin of the subject matter on the question of title and possession. But the learned Magistrate appears to have assumed jurisdiction un......ure passed by the Magistrate in MR Case No.21 of 2003 and thereby dropping the proceedings, should not be quashed or any other order passed as this Court may deem fit and proper. 2. The relevant facts are that, the present petitioners as first party filed a petition on 30‑12004 under sec..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......arned Additional Sessions Judge, Gopalgonj in Sessions Case No.54 of 2001 rejecting the prayer for withdrawal of the prosecution case against the petitioner should not be set aside. 2. The short facts involved in this case are that on 4‑7‑1999 at 13.30 hours one Asia Begum lodged an FIR wit..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......itle to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the property in question in good faith without notice of the original contract there is no illegality in decreeing ...... Nurul Amin and others.......Respondents Judgment January 5, 2005. The Evidence Act, 1872 (I of 1872), Section 120 Competency of a witness to prove facts in issue- Facts which are within the knowledge of suitors if they did not depose in a ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......an and Rule of Criminal Miscellaneous Case No.8506 of 2002 at the instance of Md. Nasim having arisen from same first information report, charge-sheet and of Special Case No.73 of 2002 involving same facts, are taken up together for disposal and this judgment would govern both the Rules. 2. One..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......the aforesaid suit. 3. The defendants entered appearance and contested the suit by filing written a statement denying the material allegations made in the plaint contending that the suit land in question has been in possession of the defendants since the date of their purchase and they did not ......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......itioners submits that the learned Single Judge of the High Court Division has failed to notice that section 95A of the State Acquisition and Tenancy Act has no application to the transaction in question which had been past and closed before the promulgation of President's Order No.88 of 1972...... the learned Advocate appearing for the appellants, submitted that the High Court Division wrongly relied on the decisions reported in 34 DLR (AD) 267 and 36 DLR 90 which are not applicable in the facts and circumstances of the present case. The learned Advocate further submitted that the High C..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....yed for renewal of the licence (Annexure-E). Although the renewal fees for both the licences were accepted on 25‑7‑04 but the licences were cancelled by the general notification on 3‑8‑04. In identical case the Deputy Commissioner concerned withdrew the order of cancellation on the ground th....... One of the cited cases is the case of SK Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others reported in 40 DLR (AD) 170 where in paragraph 15 it has been stated that, "As to the question whether the appellant was entitled to a show cause notice/hearing before the decision to ca...... liable to be declared to have been made without any lawful authority. Here the principle laid down in 40 DLR (AD) 170 was again followed. In paragraph 7 of the cited case it has been observed in the facts of the case that the petitioner has acquired a legal right of being heard before any action is..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......0 years old document by virtue of provision of section 90 of the Evidence Act is rebuttable. The mere fact that a document is 30 years old does not make it immune from attack by the other side on the question of its genuineness. 16. It is to be mentioned here that the Court of appeal which ......al by leave is directed against the judgment and order dated 6‑8-1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares a..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was ...... offence and both civil and criminal cases can run together, and the relief available in the civil Court does not stand as a bar to initiate a criminal proceedings if it is found by the disclosure of facts that there is distinct element of criminal offence in the matter………&helli..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ......as been filed by 3rd party petitioner Jamir Ahmed against the judgment and order dated 08.04.2003 passed by the High Court Division in Civil Revision No. 5422 of 2002 discharging the Rule. 2. The facts leading to the leave petition are that the respondent No. 1 plaintiff filed Other Suit No. 169..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ...... appeal is directed against the judgment and decree dated 02.04.2003 passed by the Single Bench of the High Court Division in Civil Revision No. 2247 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted S.S.C. Suit No. 5 of 1992 in the Court of Senior Assistant ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ......11-1995 passed by the learned Subordinate Judge, First Court, Gaibandha, in Misc. Case No.15 of 1995 rejecting the petitioner's case under Order 9, Rule 13 of the Code of Civil Procedure. 2. The facts involved for disposal of the rule are as follows: The predecessor of the opposite party N..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......y;opposition. In the affidavit-in-opposition denying the allegations of the petitioners it has been stated that they are not the genuine affected persons as admittedly they have purchased the land in question in the years 1985, 1987 and thereafter which was requisitioned in LA Case No.26/59‑60 and...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ......ated January 23, 1986 although he was appointed under the said amended Rule in Grade-II and he upon accepting the appointment in Grade-II joined therein in January 1995 as such he is estopped from questioning legality of the amendment of the Rule made in 1986. Moreover writ-petitioner having bee......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
66888589136489998953887746216889328903878906729035295294831288768615