Search Options
Judgment Advanced Search
Displaying 1181-1200 of 7038 results.
Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
....9, rule 13 of the Code of Civil Procedure setting aside the ex parte decree dated 28‑9‑89 passed in SCC Suit No.157 of 1985 of the 1st Court of Assistant Judge and SCC Judge, Dhaka. 2. Short facts relevant for the disposal of this case are that, the petitioners as plaintiffs instituted a su......is case is also Reported in: 49 DLR (HCD) (1997) 561. ......tioner examined 2 witnesses and the opposite parties examined 1 witness in support of their respective cases. The learned Advocate further submits that on misreading and non‑reading of the material evidence on record the learned Assistant Judge allowed the miscellaneous case in a most casual and a..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
Bimal Chandra Das alias Vim and 3 others Vs. State, 1997, 26 CLC (HCD)
....he evidence of the victim girl is not of that character. 23. Mr. MA Latif, the learned Advocate appearing for the State, supported the judgment under appeal. 24. Therefore, having regard to the facts and circumstances of the case, evidence on record and in the light of my above discussion, I h......charged from their respective bail bonds. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 466.......was falsely implicated in this case. 5. Mr. AKM Shamsul Huq, the learned Advocate appearing for the accused appellants, has taken me through the First Information Report charge framed in the case, evidence and the impugned judgment and other connected papers. He submits that in this case there is..Category: Women and Children | Date: 11 Jun, 1997 | Hits: 159
Abdus Samad Khan and 3 others Vs. State and another, 1997, 26 CLC (HCD)
....ter by its Memo. No.145-91 (DMP)/242920 dated 21.9.92 has ordered the CID to hold further investigation and the CID has directed the said Abdul Kahar Akand to hold further investigation. In the above facts and circumstances the Assistant Superintendent of CID sought permission of the Chief Metropoli......lso Reported in: 50 DLR (HCD) (1998) 143. ...... accused Md. Khalilur Rahman and Md. Aslam Munshi and with respect to present petitioners Md. Abdus Samad Khan, Md. Rafiquddin Mollah, Md. Mozibur Rahman and one Farhad Alam filed FRT stating that no evidence could be collected against these 4 petitioners. This police report was submitted on 23-3-92..Category: Criminal Law | Date: 3 Jun, 1997 | Hits: 67
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....uired for the construction of the residence of the judicial officers of the District of Chittagong and undisputedly the land is being required for that purpose now. Hence, the objection raised in the facts of the case is merely technical and does not touch upon the genuineness of the requirement, wh......… Petitioner Vs. Deputy Commissioner...……………………………………….Respondents Judgment May 25, 1997. Result: The petition is dismissed. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), Sections 3 & 4 The petiti......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....er law of contract in a given case is to be construed, whether a foreign arbitral award is enforceable in Bangladesh, whether the Agreement is opposed to public policy and so on. 2. Yet, the facts and issues of the case are simple, but unique in nature. The respondent British Airways PLC o...... Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert Borough Council Vs. Australasian Temperance etc. Society, (1938) AC 224 (240);......nferring exclusive jurisdiction to the Courts in England. Fourthly, the Agreement dated 18-4-80 having been executed in Bangladesh and other factors relevant to arbitration, namely, availability of evidence, convenience of parties and expense being also favorable for holding arbitration in Bangla..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Nasiruddin (Md.) Vs. State, 1997, 26 CLC (HCD)
....it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ......on) Ain, 1995 on 27-7-96 before the learned Magistrate, Betagi Police Station, Barguna on the accusations, inter alia, that the father of the accused-petitioner was a teacher of Betagi Primary School and the accused-petitioner used to teach students as a private tutor in a room of the said school. M......it and does not call for quashment of the proceeding under challenge. The result is, we reject this application summarily. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 124. ..Category: Women and Children | Date: 16 Mar, 1997 | Hits: 83
....iled property in question in the Gazette is also legal.
4. The Court of Settlement on consideration of the materials on record observed as follows:
“On careful consideration of the document, facts and the evidence available on record we can arrive at conclusion that the petitioner having be...... Original Jurisdiction)
Present:
Md. Ruhul Amin J
Zakir Ahmed J
Akhtar Hossain……………………….Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works and others……….Respondents
Judgment
March 13, 1997.
Lawyers Involved:
Salimulla......in question in the Gazette is also legal.
4. The Court of Settlement on consideration of the materials on record observed as follows:
“On careful consideration of the document, facts and the evidence available on record we can arrive at conclusion that the petitioner having been dispossesse..
Category: Property Law | Date: 13 Mar, 1997 | Hits: 31
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
....Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......ehendiganj Police Station, District Barisal, to show cause as to why he shall not be proceeded with for committing contempt of Court of the Special Judge, Nari-o-Shishu Nirzatan Doman Adalat, Barisal and why he should not be punished accordingly. 2. In this case one Subbatara Begum is the petit...... dealt with and since this contempt was committed by a public servant like an officer-in-charge of a police station, an exemplary punishment should be given. He submits that due to his negligence the evidence of rape disappeared and for such gross negligence he should be punished. 7. Dr. Akhter..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
....loyed person in the performance of service to the employer is more than an unskilled person. To find out a distinction between a contract of service and contract for service it is to be seen from the facts and circumstances of a case whether an employed person in relation to the employer is an emplo......Suraiya Rahman………………….………Petitioner
Vs.
Skill Development for Underprivileged Women represented by its Project Director and ors…………………………...Respondent......of the copyright therein. Petitioner did not claim any agreement to the contrary. So there was no such question involved in this case.
13. Registrar on consideration of both oral and documentary evidence found that the petitioner was an employee from 1‑3‑82 to 31‑1‑86 of the respondent ..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....f the two circumstances is present in the present case. I have perused the impugned order. The reason for dismissing the Miscellaneous Case No.7 of 1984 filed for review seems to be sufficient on the facts of this case. Where in a case a tenant failed to establish his case against a land‑lord in a......stions falling for determination are, whether the impugned order passed by the learned Subordinate Judge, 1st Court, Dhaka in dismissing the Review Case No.7 of 1984 has occasioned failure of justice and whether this Rule has become infructuous for satisfaction of the decree after the leave petition...... the shop‑room. In such a situation the donee instituted the suit against the present petitioner for eviction. The suit was contested by the petitioner by filing written statement. The SCC Judge on evidence on record found the oral gift valid and also came to the finding that the tenants paid rent..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
.... was neither placed nor considered by, the High Court. Had the decision of the Supreme Court been considered then the High Court could not have arrived at, the contrary decision noticed above. In the facts and circumstances of the instant case and the position of law we are riot inclined to follow t......riginal Jurisdiction)
Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Ali Akbar (Md.).....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land and others................. Respondents
Judgment
August 5, 1996.
Result:
The Rule is...... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... a forum for review of a petition filed by the petitioner against the Judgment and order dated 29‑11‑82 passed by the Summary Martial Law Court No.12 Chittagong in SMLC No.51 of 1982. 2. The facts, as stated in the petition, in brief, are that the petitioner was a sepoy of Customs and Excis......ion (Special Original Jurisdiction) Present: KM Hasan J Md. Fazlul Haque J Abdul Hakim…………………………………Petitioner Vs. Government of Bangladesh and others………………………………….Respondents &nb......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)
.... by the authority and, as such, the question of holding 2 posts of Nikah Registrar does not arise and we find no substance in the submission of the learned Advocate for the respondent No.2. In the facts and circumstances and for reasons mentioned above we hold that the impugned order dated 9‑12......on (Special Original Jurisdiction) Present: Mozammel Hoque J Abdul Matin J Latifur Rahman (Md.)……………………………………………..Petitioner Vs. Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh and another…………......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ..Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....ratory (RTL) Chittagong it appears that such a laboratory was in the view of the makers of the Import Policy Order from the time limit of 24 hours fixed for sending the test report. 33. In the above facts, circumstances and law we are of the view that to avoid confusion, anomaly and litigations and...... Dr. Mohiuddin Farooque.....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Commerce, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, and others ...........................Respondents Judgment July 1, 1996. Result: The Rule is mad......n (3) of section 6 of the said Act provides that unless otherwise proved in a court of law report or test result sent by the laboratories maintained or approved by the Commission shall be accepted as evidence. Thus it appears that Government is conscious about the threat to life of the people of thi..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
...., 1985 at serial No.49 in the Bangladesh Gazette, Extra copy, published on September 23rd, 1986 shall not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts are, in brief, that the land at plot No.4, SE(C) Road No.138, Gulshan Model Town was allotted ......s. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ...... in respect of which notice for surrendering or taking possession as abandoned under the said Order have been issued; Provided ........................................................” 13. No evidence of such a notice was produced before this Court to show when and how it was issued and whet..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Enayet Vs. State, 1996, 25 CLC (HCD)
....ed against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 514. ......dvocate ‑ For the Appellant. SA Hasan, Assistant Attorney General ‑ For the State. Criminal Appeal No.2493 of 1993. Judgment Qazi Shafiuddin J.- Accused Enayet has been tried and found guilty by the Senior Assistant Special Tribunal, Barisal in Special Tribunal Case No.22 of......case and submitted charge‑sheet against the accused. 3. The prosecution examined 9 witnesses in support of the charge while defence examined one witness. The learned Judge upon considering the evidence found accused Shaheen guilty of the offence under section 4(b) of the Cruelty to Women (Det..Category: Women and Children | Date: 16 Apr, 1996 | Hits: 152
....te Judge, First Court, Dhaka in Miscellaneous case No.71 of 1991 making the award dated 21.2.1991 given by the sole arbitrator Mr. Justice Sultan Hossain Khan, rule of the Court.
2. The relevant facts, in short, may be stated as follows:-
The Government of the People's Republic of Bang...... Techno Consult Limited; 1988 BLD 364; 6 DLR 473; ILR 13 (ALL) 300; 8 DLR 305.
Lawyers Involved:
Shamsul Alam, Deputy Attorney-General-For the Appellant.
S.R. Pal with Abdul Quium and M.A. Noor-For the Respondents.
First Miscellaneous Appeal No. 82 of 1993.
Judg......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents Judgment January 31, 1996. Result: ......ready noticed, were passed by the High Court Division by which the appellant felt aggrieved. 10. Leave was granted to consider the case and prejudiced the prosecution beyond repair even before any evidence was led, that the High Court Division went wrong in discarding the most impartial materials..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Masum and others Vs. State, 1996, 25 CLC (HCD)
.... any other case. Appellant No.14 Abdul Jalil and appellant No.15 Hillal Hossain are discharged from their respective bail bond. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 349. ...... Reported in: 49 DLR (HCD) (1997) 349. ...... An injured witness is not expected to name the wrong assailant so as to shield his real assailant. Even in a murder case witness can be partly believed and partly disbelieved. The rule that the evidence false in part, false in entirety is only a rule of caution and not a mandatory rule of evid..Category: Evidence Law | Date: 30 Jan, 1996 | Hits: 39
Eastern Chemical Industries Limited Vs. Government of Bangladesh and others, 1995, 24 CLC (HCD)
....d 26.9.93 issued by the Superintendent of Customs, Excise and Vat, Rangunia Circle, Chittagong for recovery of Taka 4,16,033.00 under section 55 (1) and (2) of the Value Added Tax Act,1991. 2. The facts giving rise to this petition are: The petitioner obtained a licence from Collector of Custo......Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Eastern Chemical Industries Limited...............Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 29, 1995. Case Referred to- Md. S......tice. The petition does not merit issuance of a Rule. In the result, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 84. ..Category: Fiscal/Taxation Law | Date: 29 Aug, 1995 | Hits: 131
78527385630842756844914111720778227883846179758460765085217735870977184834986