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Displaying 1061-1080 of 1984 results.

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....s in their favour but they were delaying the procedure for collateral purpose. Petitioner No.1 contested the petition stating that the original owners of the disputed property surrendered the same as excess land under P.O. 98 of 1972 and accordingly, the property vested in the government free from a......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..

Category: Property Law | Date: | Hits: 68

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......he High Court has contravened either willingly or in a casual manner the limits prescribed by section 100 of the Code of Civil Procedure by interfering with the concurrent findings of fact, it is the duty of the Supreme Court to interfere. The Supreme Court then observed "It has been always recognis..

Category: Procedural Law | Date: | Hits: 76

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

.... 15th June, 1989 and, to release the said cargo of rerollable scrap and meltable (malting) scrap on such terms and conditions as this Court may decide and also to direct the respondents to refund the excess amount of Tk. 27,03,354.88 paid on 18.7.90 by the petitioner at the time of taking delivery o......ed 11. 10.89 and 4.2.90 as far as it relates to part shipment weighing 736.616 metric tons of meltable scrap iron brought by vessels in Chittagong Port on 14.4.90, 3.5.90 and 5.6.90 accepting customs duty, tariff and specification and other charges as per SRO No.192‑L/89/1203/ Customs (Annexure‑..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......heard all that are said against him by so and so in Court. What is his reply. He would reply that in detail or simply that he is not guilty, knowing that he has to prove nothing in court as it is the duty of the prosecution. Thereafter, he would be asked whether he would call any witnesses for him, ..

Category: Criminal Law | Date: | Hits: 125

Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96....... try that issue first even without settling the issues of fact. The whole object of this provision seems to be that if there is any issue of law on which the entire suit may be disposed of, it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be u..

Category: Procedural Law | Date: | Hits: 62

Abdus (Md) Subhan alias Md Abdus Subahan and another Vs. Abdul Maleque and others, 1991, 20 CLC (HCD)

....ffs have got prima facie right, title and possession in the suit land and that if the plaintiffs possessed any more land than they are entitled to, then the defendants can file a suit for recovery of excess land from the possession of the plaintiffs. On appeal the judgment of the trial Court was rev......another, reported in AIR 1918 Patna at page 543, wherein it has been held that where a Court of appeal reverses the decision of a primary Court, the law imposes upon the Court of appeal an imperative duty and obligation of giving an adequate and satisfactory judgment such as is required by law. 6..

Category: Property Law | Date: | Hits: 72

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......ike other cases, the death of Shahida and recovery of her dead body in the beet, though not categorically denied in so many words, but not also admitted by the defence. Whether denied or not a solemn duty is cast on the prosecution to prove the death and murder of the person with which the accused a..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407.......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407...

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

.... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......l Sorhab Vs. Giasuddin and another reported in 34 DLR 238 it has been held : "Even if new cases are sent to the court of sessions upon a charge sheet or otherwise under section 265C CrPC it is the duty of the court sessions to discharge those accused against whom it appears to the Court from the ..

Category: Criminal Law | Date: | Hits: 80

Bangladesh Krishi Bank Vs. M/s. Dadajee Ice Plant and Cold storage Ltd. and others, 2010, 39 CLC (HCD)

.... Artha Rin Suit No.103 of 2001 is maintained. Let a copy of the judgment along with lower Court’s record be sent down at once. M. Moazzam Husain J.- I agree. This Case is also Reported in: ......d any cash money as loan in favour of the defendant-respondent-company. 10. Drawing our attention to the terms and conditions of the agreements the learned Advocate further submits that it was the duty of the plaintiff-Bank to supply all the machineries to the defendant-company on payment of fund..

Category: Civil Law | Date: | Hits: 217

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......presented by the Ministry of Public Works. Concerned Assistant Commissioner Land and the Tahshil Office, Kanungo are directed to record the suit property in Khas Khatian, towards performance of their duty as per Article 112 of the Constitution. The suit property should be managed by the Coronation H..

Category: Property Law | Date: | Hits: 89

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... that the Supreme Court is called upon to consider an allegation of contempt against it, a jurisdiction that should be sparingly used, more so when the Supreme Court itself has an interest in it. The duty to uphold and maintain the dignity of the Court is not merely of the press and the public but a..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626....... the Writ of quo warranto may issue, the office must be a public office of a sub­stantive character created by the Constitution, statute or statutory power. A public office is a right, authority and duty, created and conferred by law, by which an individual is vested with some portion of the sovere..

Category: Employment/Service Law | Date: | Hits: 92

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......vidence Act. The definition of fraud is only to be found in section 17 of the Contract Act. Fraud property includes all acts, omissions, and concealments, which involve a breach of legal or equitable duty, trust or confidence, justly reposed, and are injurious to another, or by which an undue and un..

Category: Procedural Law | Date: | Hits: 105

Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....enquiry committee was rightly constituted and the petitioner was given reasonable opportunity to defend himself, it held that as the petitioner lost confidence of the respondent‑company for keeping excess money in his hand without information he was dismissed for lack of confidence. The Labour Cou......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..

Category: Labour and Industrial Law | Date: | Hits: 115

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

....dants being in possession of certain portion of the land in suit, the only remedy for plaintiff lies in filing a regular Partition Suit if defendant Nos. 8 and 9 are found to have transferred land in excess of their legal share. On this findings the learned Additional District Judge allowed the appe...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..

Category: Property Law | Date: | Hits: 91

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

.....1 preferred an appeal which subsequently was withdrawn with the leave of the Court to file a suit afresh. 3. Rashidpur Tea Estate Co. and the said Tea Estate Company (30 & 31) surrendered the excess of khas land including the land in the suit and the Government took over the same. Compensati...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...

Category: Property Law | Date: | Hits: 96

Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)

....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......uded a statement on the existing teachers and staff, showing, amongst others, the petitioner as Assistant Teacher of the said school and the date of his joining on 22.8.85. When the petitioner was on duty in the class on 14.10.90, he was served with respondent No.4 Director General's Memo No. 17910/..

Category: Employment/Service Law | Date: | Hits: 82

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......€‘holder chooses to apply for issuance of a warrant for delivery of actual possession, the Court is not required to hold an inquiry whether the person in occupation is one bound by the decree and the duty of the Court is to issue a warrant under r. 35. A third party, meaning thereby a person who is ..

Category: Civil Law | Date: | Hits: 89