Search Options
Judgment Advanced Search
Displaying 961-980 of 5586 results.
Secretary, Ministry of Works and anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....it No. 135 of 1985 before the learned Subordinate Judge, Dhaka, for Specific Performance of Contract by directing the defenÂdant No. 1 to execute and register a deed of sale in respect of the suit property in favour of the plaintiff. 2. The respondent No. 2 Mrs. Mariyam Iqramullah Khan,......ourt Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ KM Hasan J Md. Fazlul Haque J Secretary, Ministry of Works and anothÂer.........Appellants Vs. Md. Yusuf Ali Khan and others....................scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....t No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit and proper. In the instant case allowing reference to arbitration under section 10 of the Arbitration A......Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and......ght for or to grant any other general or other relief that may be thought fit and proper. In the instant case allowing reference to arbitration under section 10 of the Arbitration Act, 2001 is not illegal………………………………(12 & 13) Case Referred to- Kedar Lal vs Hari ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....ns:- a) Pre-reference Period interest: In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will not be proper and safe to vest in him power to award interest for the pre reference periÂod, for this per......oner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000......e of the court specifically in the ordering portion of the judgÂment mentioned that award shall from part of the decree and that as the award was made part of the decree, the only conclusion that legally be drawn from the decree of the learned Subordinate judge is that while making award Rule o..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
....Division summarily rejecting the writ petition impugning notice dated 28‑8‑1998 issued by respondent No. 1 to have been declared to have been issued without any lawful authority. The petitioner's property was initially enlisted as abandoned property in 'Ka' list published on 23 September 1986 un...... Reza Chowdhury CJ
Md. Fazlul Karim J
KM Hasan J
Md. Fazlul Haque J
Hazerullah …………Petitioner
Vs.
Assistant Commissioner, Board of Management of Abandoned Property and others …… Respondents
Judgment
August 7, 2002.
Result:
......s …… Respondents
Judgment
August 7, 2002.
Result:
The petition is dismissed.
The Constitution of Bangladesh, 1972 Article 102
By way of mandamus enforcement of any legal right or to redress the violation thereof could be availed.
Case Referred to-
..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....mits that though sections 87 and 88 of the Code are not applicable in the instant case yet the Special Tribunal having issued proclamation for absconding accused persons and order of attachment of property of absconding accused persons under sections 87 and 88 of the Code respectively as eviden......eported in: 55 DLR (HCD) (2003) 536. ......d Advocate for the accused appellants, submits that the framing of charge by the Special Tribunal without complying with the provisions of sections 87 and 88 of the Code of Criminal Procedure is illegal and, as such, the impugned order of framing of charge against the accused appellants is liabl..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....n and a Division Bench presided over by Mr. Md. Ali Asgar Khan J, discharged the Rule by judgment and order dated 5-3-2002, holding that the order of detention passed against the detenu was legal and proper. 5. In this miscellaneous case the order of detention dated 22-4-2002 vide Memo No. 1343...... Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-Genera......002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2002 on the basis of the recommendation made by the Advisory Board on 15-5-2002 illegal as the case records of the detenu or the detenu as the case may be was not placed/produced bef..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....ing the judgment and decree dated April 30, 1981 of the Court of Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967 dismissing the same. The suit was filed seeking declaration that the property in suit described in the schedule 'A' to the plaint was not enemy property and that the no...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others …â€...... Section 114 (ii) A registered document carries the presumption of correctness and that one who challenges or disputes that presumption of correctness is required to establish that by legal evidence…………(16) Lawyers Involved: AKM Nazrul Islam, Senior Adv..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. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J MA Gafur and another..................Petitioners Vs. Government of Bangladesh, represented b...... of Dr. Islam vs. Government of Bangladesh, 33 DLR (AD) 201. In the aforesaid premises, we are of the view that the High Court Division has considered the case of the petitioners quite legally and rightly discharged the Rules. We therefore, find no legal infirmity in the impugne..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....uant to the MOU dated 14‑3‑1999, were to be handed over to the respondent-company. But on receipt of the said plant and machineries, the respondent-company discovered that these were not operated properly by the petitioner and were therefore damaged and in a state of disrepair. In such premises,......ourt High Court Division (Civil Original Jurisdiction) Present: ABM Khairul Haque J Amir Hossain...............................................................Petitioner Vs. Homeland Footwear Ltd. and ors…………………………………………Respondents Judgment ......p, the petitioner also filed a case under section 138 of the Negotiable Instruments Act, before the Chief Metropolitan Magistrate, Dhaka. It is also stated that since the petitioner had already taken legal action for recovery of the alleged debt in another forum, this petition under the Companies Ac..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
.... omission makes the charge materially defective and the said defect is not curable under section 537 of the Code of Criminal Procedure because this omission deprived the accused appellant from taking proper defence and thereby caused prejudice to him. 25. We do not find any substance in the subm......se is also Reported in: 55 DLR (HCD) (2003) 527. ......o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.1 was legally married to the accused appellant Goutam Chandra Das alias Goutam Kumar Das alias Balai. He d..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).
.... the house on the basis of an agreement. for sale, Ministry of Works served notices dated 24-12‑1987 and 17‑1‑1988 directing him to hand over possession of the house as an abandoned property, that the respondent submitted papers before the Ministry in support of his interest but th......p; Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Kazi AT Manowaruddin J Bangladesh represented by the Secretary, Ministry of Works and others ........................Petitioners Vs. Kazi Ashrafuddin Ahmed................... dated 24‑12‑1987 and Memo No. Sec. AP14/Dhan-7/87/21 dated 17‑1‑1988 (Annexure B and E respectively to the writ petition) to have been made without lawful authority and of no legal effect. 2. Respondent No. 1 filed the writ petition impugning the said notices st..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ...... Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J Upazila Education Officer & another...............Petitioner Vs. Tara Miah Akhand and others .............Respondents Judgment &n......Plot No. 33 1. Thereafter, the defendant No. 5 accorded permission on 21‑11‑2000 for construction of a building on Plot No. 331. The prayer for temporary injunction in the premises is not legally maintainable. 4. The learned Assistant Judge rejected the prayer for temporary ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....The State, reported in 1983 BLD 325 = 36 DLR 185 it has been observed by the Division Bench that prolonged police custody immediately preceding the making of confession is sufficient if not otherwise properly explained to grant it as involuntary and that there was no explanation from the prosecution......Vs. Harish………………………………Condemned Prisoner Judgment July 1 & 2, 2002. Cases Referred To- State vs. Ali Hossain 1998 BLD 655 = 3 BLC 93; Safar Ali and others vs. The State, 1983 BLD 325 = 36 DLR 185; State vs. Md. Ali Kibria @ Shahjahan 43 DLR 512......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....ners feel that the matter raised in the writ petition involves breaches of constitutional obligations and statutory duties by and on behalf of the respondent Nos. 1, 2 and 3, in dealing with public property in clear violation of legal mandates and public policies. The petitioners claim that as c...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip......l to transfer the said licence to the ETV Ltd, Annexure-H of the writ petition, should not be declared to have been entered into and granted unlawfully and without lawful authority and to be of no legal effect. 5. Writ petitioner Nos. 1 and 3 are professors of Dhaka University and the Wri..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....dant‑petitioners that there was no decision that in a suit for permanent injunction no issue could be framed for decision as to whether a deed was forged or not. It was further submitted that if no proper issues were framed the purpose for filing the suit would be frustrated and the suit would aga...... Ed. This Case is also Reported in: 8 MLR (AD) 41. ......ers is directed against the judgment of the High Court Division in Civil Order No. 6494 of 2001 summarily rejecting a civil revisional application filed by the plaintiff Ârespondents challenging the legality of the order dated 18‑9‑2001 passed by the learned Assistant Judge Morelgonj, at Bagerh..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....gment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in the instant case when the age of the victim is prima facie below the age of ma......dhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Syed JR Mudassir Hussain J Abdul Majid Sarker (Md) …………Appellant Vs. State and others................ Respondents Judgment June 9, 2002......spondents Judgment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in the instant case when the age of the victim is prima faci..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ef that the said case was the product of conspiracy to harass and humiliate him with political motive by fabricating false evidence against him. He thought that he would be acquitted in the case upon proper appreciation of the evidence on record by the High Court Division. It is further admitted in ...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred......he respect of this Court, It is not the journalists and the press who are duty bound to uphold and maintain it, but such duty is also shared by everyone including the members of the judiciary and the legal profession. None should fail in their respective duties, and none should be treated with an un..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....nd the relevant law, we hold that the prosecution was not able to prove this case beyond any reasonable doubt, rather enmity in between accused Ashraf and son-in-law of the informant regarding landed property is admitted, which led the informant to initiate this false case and by withholding the mat......d in: 56 DLR (2004) 383. ...... improperly admitted or out of suspicion, as suspicion, by itself, however strong it may be, is not sufficient to take the place of proof but in this case the impugned judgment was passed without any legal basis. 29. In the result the appeal is allowed and the impugned judgment and order of convi..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....rove any offence on the basis of evidence on record. 8. Mr. Syed Ziaul Karim, the learned Advocate appearing on behalf of the appellants has made submissions that the learned trial Court could not properly appreciate the evidence on record and, as such, the judgment of conviction has become illeg......ent Khondker Musa Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishe......cate appearing on behalf of the appellants has made submissions that the learned trial Court could not properly appreciate the evidence on record and, as such, the judgment of conviction has become illegal, unjust, improper and not legally sustainable. It is specifically submitted that the accused-p..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......s also Reported in: 55 DLR (AD) (2003) 64. ...... Assistant Judge Sherpur, Bogra praying for a declaration that judgment and decree passed in earlier Title Suit No. 60 of 1989 and further proceeding of Other Execution Case No. 1 of 1998 are void, illegal, fraudulent and without jurisdiction. The plaintiff of this suit moved the executing court and..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
3062179308917475568919183159740675551751584279254171168380548214196191