Search Options
Judgment Advanced Search
Displaying 961-980 of 6460 results.
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....00/- out of total consideration of Tk. 1,000/- executed a bainapatra on 16thMagh, 1376 B.S. in favour of the plaintiff; that on the date of execution of the bainapatra Kamini Sundari Devi delivered possession of the land to the plaintiff; that subsequent to the agreement for sale with the plaintif......n Appeal Case No. 98 of 1984 illegal, void and not binding on the plaintiff. 2. Facts in the background of which the suit was filed, in short, are that Kamini Sundari Devi as owner of the land in suit on receiving Tk. 700/- out of total consideration of Tk. 1,000/- executed a bainapatra ...... Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......appellate Court moved the High Court Division in revisional jurisdiction and obtained Rule in the aforementioned Civil Revision. The High Court Division made the Rule absolute upon observing that the question of genuineness of the Ekrarnama is a question of fact and that appellate Court having and f..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ...... Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others .................at the prevailing bank rate as provided under Article 21 of the Bank Order, 1972. 9. Mr. Khandaker Mahbubuddin Ahmed, the learned Counsel for the respondent, has not disputed the question of awarding interest by the learned Subordinate Judge except that the award was indefinite ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......ance, to have been issued without lawful authority and is of no legal effect. 3. The impugned notice was issued proposing requisition and acquisition of more or less 0.1080 and 0.0620 acres of land owned by writ petitioners (respondent Nos. 1-13). 4. The writ petition was filed stating...... have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......ramps environment of the BCS Academy would be polluted and that Ramps if constructed would violate privacy of female hostel of the Academy which is located very close to the land in question that specific purpose of the acquisition would be placed before the Central Land Allocation..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....haka for declaration of his possessory right on the basis of Salami-purchase of the suit shop stating in short, that one Jamal Ahmed Nomani was the original owner of the suit shop who transferred the possession of the said shop to one Mr. Matiur Rahman (defendant No.3) and that subsequently defendan...... the suit shops by running a business under the name and style “Ms Famous Tailoring House." The further case of the plaintiff is that due to negotiation subsequently, a portion of the suit land (3 feet in breadth from the eastern portion of the property) was vacated and the rent was refix...... Court High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. ......or rejection of the plaint. 9. Admittedly, the suit land and the parties and the pleadings in both the suits filed by the plaintiff are same. Admittedly the cause of action is different. Now the question is, whether in view of the fact that the parties, the allegations, the reliefs and the suit..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Judge, Dhaka which arose out of an award between the company and the Power Development Board. On the objection of Tofayel Ahmed, the then Managing Director, their prayer was, however, refused as the question whether the respondents continued to be shareholders of the company or not could be decided..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....emedy by filing an application under section 151 of the Code of Civil Procedure wherein he challenged the execution proceeding itself as illegal and without jurisdiction and prayed for restoration of possession as an ancillary relief after setting aside the entire execution proceeding. This Court he......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ...... Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......tion to set aside its order when it is obtained by practicing fraud and the Administrative Appellate Tribunal was in error in taking a contrary view; and (iii) that the petition involves an important question of law of public importance, namely, whether after finally disposing of a matter a Court or..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......rofound and fully justified concerns to many people. However, task before the court is not only to weigh or evaluate or reflect those concerns and views but more to ascertain and apply the law of the land on review as it now stands understood. 24. A review, lies only when the alleged er......y Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......s. They are as follows:- 14. In referring to and relying upon the comment dated 16-2-2002 of the Director General of BTV sent to the Attorney-General; in deciding purely a disputed question of fact on affidavit whether the Evaluation Report qualifying ETV is the first or the only ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....ed in the plaint and stating, inter alia, that at the time of promulgation of President's Order No. 16 of 1972 the original owner of the house was not in Bangladesh. The respondent No. 2 also lost possession and control of the house and the house was vested in the Government as an abandoned prop......rformance of Contract on the averments, inter alia, that the respondent No. 2, Begum Mariam Iqramullah Khan, executed a deed of agreement in favour of the respondent No.1 on 11.7.1970 for sale of land measuring 10 (ten) kathas 5 (five) chateaus, more or less, situated in the Gulshan Model Town ......out any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......ent. 8. On the other hand according to the High Court Division PWs have proved the presence of defendant respondent in this country in 1775, 1979 and 1982. Therefore, it concluded that the question of treating the case property as an abandoned property is absurd. 9. Being aggrie..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......etition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......ragraph 7(b)(iv) of the plaint (Page 9 of the plaint); that clause 18 of the terms and conditions of BJMC's FOB/CNF standard contract provides that in the event of any dispute relating to any matter, question, difference, price and/or claims whatsoever arising out of and/or connecting and/or in conn..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......erence impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... The petitioner could avail of the provision of Order XXI rule 90 of the Code of Civil Procedure in setting aside the auction sale on the ground of material irregularity and fraud. But such question of fraud and material irregularity in conducting the sale is not maintainable in writ juri..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......e. 6. The defence case is total denial of the allegation. The further defence case is that, the victim PW 3 entered into an agreement with the appellant on 5-10-1996 for the sale of 22 decimals of land for Taka 25,000 out of which she took an advance of Taka 17, 0000 but she did not execute the n......his judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
....o. LIV of 1985. The petitioner unsuccessfully moved the Court of Settlement, High Court Division and the Appellate Division. Thereafter the respondents issued the impugned notice for surrendering the possession. The petitioner thereafter moved the High Court Division with an application under Articl......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......r process was required to be issued upon the absconding accused on the satisfaction that it was actually executed or served upon them under the provisions of the said sections, then and then only, question of publication in two Bengali daily newspapers under the provisions of section 27(6) of th..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......the opinion as to the existence of the grounds for keeping the detenu under detention, the detenu is being rightly detained and the Rule is liable to be discharged. 10. Let me first consider the question as to whether the criminal miscellaneous case is maintainable in law for want of statements..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....in schedule 'B' in the Indian State of Tripura with property in erstwhile East Pakistan as described in schedule 'A' to the plaint migrated to erstwhile East Pakistan in the year 1963 and that got possession of the property as described in schedule 'A' to the plaint that the property was excha......vernment of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. The case of the defendant No. 5 was that his father Chandra Kumar Pal was the owner of 11.77 acres of land of Khatian Nos. 30 and 32 (from amongst the property as described in schedule ‘A’) and th......also Reported in: 55 DLR (AD) (2003) 39. ......is of Exhibit 1 and that in support of their claim of possession plaintiff No. 1 has deposed in the case as PW 1 and that have examined another witness i.e. PW 2 who has corroborate the PW 1 on the question of possession of the land in 'A' schedule by the plaintiffs. 16. The contention o..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......ce. Accordingly, the petitions are dismissed. Ed. ...... petitions have arisen out of the same impugned judgment and order dated 10‑8‑2000 passed by a Division Bench of the High Court Division whereby it discharged the Rules. Since a common question of law is involved both the leave petitions are taken up together for hearing and are disp..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....ailure of the business arrangements contained in the MOU dated 14‑31999, to bear the desired results and in consideration of the payments as stated in Clause IV of the MOU dated 2‑6‑2000, the possession and control of the beneficial ownership of the lease‑hold interest in the plant and mac......Court High Court Division (Civil Original Jurisdiction) Present: ABM Khairul Haque J Amir Hossain...............................................................Petitioner Vs. Homeland Footwear Ltd. and ors…………………………………………Respondents Judgment ......he operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......rgues that although the company in the normal procedure of running its business took loan from the bank and other different persons including the petitioner but the company is a going concern and the question of losing its substratum does not arise in this case. He refers to the balance sheet of Dec..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ...... of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......trial, the court may not, for ends of justice, direct, a retrial. There may be other extenuating circumstances which may impel a court to take a lenient view in favour of the accused. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....March 1971 binding on the Government in the same way as upon the original owner but the same may be cancelled, amended or terminated by the Government. When there is no termination of the agreement possession of the respondent on the basis of the agreement can not be termed as unauthorised and s......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... impugned judgment of the High Court Division. The petition is dismissed. Ed. ...... (Control, Management & Disposal) Order, 1972 (PO. No 16 of 1972), Article 10 The Transfer of Property Act, 1882 (IV of 1882) Section 53A The agreement in question is prior to 25th March 1971 binding on the Government in the same way as upon the original..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......and several others executed and registered two Muktipatras on February 6, 1984 and January 5, 1985 in favour of the appellant Nos. 1 and 2 and another by name Haji Siddique Ahmed in respect of the land asserting the same to be the ancestral property of Haji Siddique Ahmed and others although sai......he sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......thout any success. 4. The leave was granted to consider the submission of the learned Counsel of the appellants to the effect "that the prosecution case is, to the effect that the questioned Muktipatras were executed by the accused persons in their own name and on their own beha..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
30912143167544125196180306217917343381747556891918315974067555175143