Search Options
Judgment Advanced Search
Displaying 1021-1040 of 7038 results.
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....e allegations made in the writ petition and firmly asserting that the tender was floated according to the approved rules, regulations, terms and conditions of the ADB. That the important and relevant facts are that the Asian, Development Bank (ADB) agreed to provide US Dollar 42.20 million to implem......n:...... for the award of Contract; if not, the lowest evaluated substantially responsive Bid from Category III will be selected for the award. 2. Bidders applying for the preference shall provide all evidence necessary to prove that the Goods offered by them were manufactured in Bangladesh and the m..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
.... Evidence Act, 1872 (I of 1872), Section 8 The motive though not relevant and material the same of the condemned prisoner can very well be inferred from the evidence of PW 3 and the facts and circumstances of the cases. Moreover, it should be remembered that for lack of motive, th......, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to injuries...... The Evidence Act, 1872 (I of 1872), Section 8 The motive though not relevant and material the same of the condemned prisoner can very well be inferred from the evidence of PW 3 and the facts and circumstances of the cases. Moreover, it should be remembered th..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
....tunity to examine the witnesses. It is further stated that the plaintiff respondent sent a representation to the chairman of the Board of Intermediate and Secondary Education, Dhaka stating the above facts on 7‑91992 and thereupon the Board directed the school authority to reinstate her and acco......
Supreme Court
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
MM Ruhul Amin J
Syed JR Mudassir Husain J
Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants
Vs.
Hasna Hena Sarker @ Hasna Heba Sarker & or......lief Act and being aggrieved thereby the plaintiff respondent preferred an appeal and the appellate Court reversed the findings of the trial Court upon consideration of Exhibits 5, 7 and 10 and other evidence on record and came to the finding to the effect that since plaintiff respondent was allowed..
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
State Vs. Md. Awal Fakir, 2003, 32 CLC (HCD)
....the terms of the judgment recorded by Nari‑o‑Shishu Nirjatan Daman Adalat, Narail. Lower Court's Record be sent down at once. Ed This Case is also Reported in: 56 DLR (2004) 647. .................. Petitioner Vs. Md. Awal Fakir ...................................Respondent Judgment December 7, 2003. Result: Death Reference is accepted, Jail Appeal and Criminal Appeal stand dismissed. Cases referred to- Barter Vs. Barter, (1950) 2 All En......e and false implication but no witnesses were examined in support of defence projected. 7. There had been no eye‑witness to commission of the crime. Prosecution case rested upon circumstantial evidence. In proof of guilt of Md. Awal Fakir foundation was built upon: a. Evidence of PW I Su..Category: Women and Children | Date: 7 Dec, 2003 | Hits: 178
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
.... 10. We do not find any substance in the submission of the learned Counsel for the petitioners for any interference with the impugned judgment and order. The petition is dismissed. Ed. ......Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and other ............Petitioners Vs. Md. Shamsul Haque and other ........................t Division directed the Court of Settlement to try the case and give a decision in accordance with law after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence both oral and documentary and further directing the petitioners to restore the possession ..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ......ion (Civil) Present: Md. Fazlul Karim J Md. Hamidul Haque J Md. Tofazzul Islam J Superintendent (now General Manager), James Finlay PLC and another................. Appellants Vs. Chairman, 2nd Labour Court and another.........alia that: "The judgment passed by the Labour Court is not a speaking one, although the Labour Court disposed of the case ex parte but it has not discussed the evidence of the respondent No.2 and the Labour Court did not discuss statements made in the writte..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....Court Division failed to appreciate properly the decision of Moni Begum vs. RAJUK, 46 DLR (AD) 154 and wrongly held that in writ jurisdiction review application is not maintainable, that new relevant facts having bearing on the case having been discovered and a review having been sought on that grou......ts in two appeals. Ed. ...... having been discovered and a review having been sought on that ground, the High Court Division was wrong in summarily dismissing the review application without applying its judicial mind to tile new evidence placed before it. 10. The learned Counsels appearing for the appellants in Appeal Nos..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....er dated September 19, 2000, The petitioners as against the said order moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division in the background of the facts and circumstances of the case observed since the petitioners were not party in the partition s...... Ed. ......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......te Parties Judgment November 1, 2003. Result: The Rule is discharged. Cases Referred to- Shah Mohammad Vs. Haque Newaz & State, 23 DLR (SC) 14; Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitati...... The State Acquisition and Tenancy Act, 1950 ( XXIIX of 1951), section 144A Presumption as to correctness of entries of RS Khatian under section 144A of the Act is revertable by leading evidence by the person challenging correctness of such entries…….(12) La..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....t the medical officer who made the report was dead or was incapable of giving evidence or was beyond the limits of Bangladesh and his attendance could not be procured without much delay. Unless these facts are proved or brought to the notice of the Court, a medical report cannot be admitted in evide......p; Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents Jud...... Judgement October 28, 2003. Moral conviction deprecated Findings of both the courts are totally wrong as it is a case of no evidence and both the Courts were swayed by emotions and not by any legal consideration and convict..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
....tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ...... Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Amir Hossain……………................Appellant (In both the cases) Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003.......audulent representation. 7. It is now a settled principle of law that in case of agreement for sale of immovable property, time is not considered as essence of the contract. There is nothing in evidence to show that the present plaintiff refused to perform his part of the contract. However, we..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....n in favour of the first party‑appellant whereas in the referred decision the approach as to application of law was otherwise round. In view of the above, the said decision is not applicable in the facts and circumstance of the instant case. 24. The instant proceeding under section 145 of the ...... Supreme Court Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J AS Ahammed J Shamsuddin alias Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of Crimin......ed Counsel appearing for the appellant, has Submitted that the learned Magistrate and the Sessions Judge having found the exclusive possession of tile appellant in the case land upon consideration of evidence on record, the High Court exceeded its jurisdiction in interfering with the Concurrent find..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....ndicating Defendant's forcible entrance into suit property and as such it could not be gathered on which date cause of action of suit arose. 51. Expression "cause of action" means entire bundle of facts which a plaintiff has to prove in order to be eligible for grant of relief. It can, also, be s......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal...... Ahmed, Deputy Director of Plaintiff Bangladesh Bank stood on witness box as P.W.1 in support of plaint case. 11. A.K.M. Motiur Rahman, Deputy Director, Engineering Department, Plaintiff Bank gave evidence as P.W.2. 12. Haji Md. Rafiqul Islam as Holder of Power of Attorney for and on behalf of..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....offence against the petitioners has been well proved beyond reasonable doubt. So, we find nothing to interfere. The petitions are accordingly dismissed. Ed. ...... Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.&nbs...... her name appears in the voter’s list and some other documents, as such she has not impersonated anybody purporting to be Shebayet, as a matter of fact, the courts below on consideration of the evidence on record found accused Champak Lata was never the Shebayet of the Mandir or Deity and was ..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....cedure for any remedy that was made under Order XXI rules 11 (2) and 14 of the Code of Civil Procedure but no amendment could be made as in the case resorting to Order XXI rule 17(2) in the instant facts and circumstances of the case and referred to the decisions reported in 18 DLR 595 and 14 DL......; .......Appellant Vs. Associated Engineering and Drillers ...............Respondent Judgment August 20, 2003. The Code of......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... deed of lease was registered on April 6, 1993, that some land has been left out for car park on the north of the land leased out to the plaintiff. 8. The suit, in the background of the facts as mentioned above, was tried by a Division Bench of the High Court Division and decreed in ...... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents Judgment &n......tried by a Division Bench of the High Court Division and decreed in the manner as stated herein before upon observing "The allegations of the PW 1 as stated above and proved by the documentary evidence as aforesaid, we hold, are sufficient to seek the relief challenging the allotment of the..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....t Nos.396 and 397 of 1981 in the Court of Assistant Judge, Sadar, Noakhali for ejectment of the defendant-petitioners from the suit land on the ground of default and bonafide requirement. 3. The facts of these suits are that the defendant-petitioners were monthly tenants at the rate of Taka 150......ed of agreement, the Court cannot but finds the defendants are tenants at will terminable by notice of 15 days. The principle of terminating tenancy rests primarily on two conditions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to ejec......o valuation of the suit, issue No.3 relating to relief as prayed for and issue No.4 relating to what other relief plaintiff is entitled to. 7. On consideration of the depositions and documentary evidences on record, the learned Assistant Judge by his judgment and decree dated 21‑10‑1989 dis..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
....ications one for discharging the Rule and another for vacating the order of stay and the petitioner filed affidavits in-opposition against both the applications. Since common question of law and facts are involved in both the applications as well as the main writ petition, both the applications......
Present:
Md. Tofazzul Islam J
AFM Abdur Rahman J
Amir Ali (Md.).........……………………Petitioner
Vs.
Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another………………......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law.
Ed.
This Case is also Reported in: 57 DLR (2005) 245.
..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&......or any interference by this court. 13. During hearing of the appeal application under Order XLI rule 27 of the Code of Civil Procedure has been filed by the appellant for admission of additional evidence showing payment of electricity bill and the WASA bills and the respondent also filed anothe..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
5370154663312610411713888951181633081198489157127106888188797707