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Displaying 1361-1380 of 1712 results.
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......risdiction exercises substantially the same powers are mentioned in the deed. The two sections of the Trust Act read together clearly show that the sections confer a power of removal as well as the appointment of a trustee, if in the opinion of the Court a person is unfit or personally incapable..Category: Trust/Waqf Law | Date: | Hits: 185
Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)
.... the High Court Division in disposing of the revisional matters will have no bearing on the merit of the matter before the learned Magistrate and the Court of Magistrate would proceed with the case independent of the observation or finding of the High Court Division and the Court of Session. Wit...... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277. ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ...... rendering the same declared to be illegal and of no legal effect. Article 133 of the Constitution provides that subject to the provision of the. Constitution, Parliament by law could regulate the appointment and condition of service of person in the service of the Republic and in order to fulfi..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
.... appellants are entitled to privilege under section 123 of the Evidence Act and when such a privilege is claimed it must be decided on its own merit in accordance with the provision of section 123 independent of Article 48(3) of the Constitution. 16. In support of his contention, the le...... of 2003 directing the Secretary, Ministry of Law, Justice and Parliamentary Affairs to produce the relevant papers containing the opinion of the learned Chief Justice of Bangladesh about the appointment of concerned six Judges through the Attorney-General at the time of hearing and further..Category: Constitutional Law | Date: | Hits: 124
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......vision in Civil Revision No. 4520 of 1997 making the Rule absolute. 2. The fact, in brief, is that the appellants as plaintiffs filed Other Suit No.73 of 1994 for declaration that the appointment of defendant Nos.10-15 as teachers of the Thakurbari Junior Secondary Girls School is v..Category: Civil Law | Date: | Hits: 110
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
.... has been used as a peaceful weapon to force those who rule, to stop repression, exploitation and injustice. It has been used as a weapon to force the British Government to quit India creating two independent States in the sub-continent, namely, India and Pakistan. In their struggle against......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..Category: Criminal Law | Date: | Hits: 79
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......urveyor, Department of Shipping to the Respondent No.5. 3. Facts in the background of which the writ petition was filed was that on February 5, 1994 Public Service Commission advertised for appointment in two posts of Engineer and Ship Surveyor, that the post of Engineer and Ship Surveyor..Category: Employment/Service Law | Date: | Hits: 79
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......he qualifications/degrees of the writ-petitioner and the respondent No.5 are equal or writ-petitioner's qualifications/ degrees are higher to the respondent No. 5, that the authority in making appointment of the respondent No. 5 and the writ-petitioner did not violate the amended Rules of 1..Category: Employment/Service Law | Date: | Hits: 76
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....dence of that lone eye-witness without any proper scrutiny and realisation of the improbability of the version given by him. The learned Judge failed to notice that this PW 3 not only was not an independent and reliable witness but was evidently inimical to the accused as he and his father we......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....f the land in suit. 9. It may be mentioned the trial Court rejected the claim of the defendants as to possession of the land in suit since the witnesses examined by the defendants were not independent, rather related to each other and to the DW 1 who is the father of defendant Nos.2 and ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....h Court Division itself observed that the compromise decree because of the provision in Article 182 of the Limitation Act has become unenforceable but held "this decree did not create any independent right to the parties rather it is an acknowledgment of the original contract other tha......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....d by Bipin Chandra or by the plaintiff, that as Bipin Chandra had no right, title and interest in the land in suit the RS record prepared in his name was not correct, that from plaintiff's side no independent witness was examined to prove the case of settlement said to have been taken by Bi......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
.... noted that there is no provision in the Ordinance for preferring an appeal before the Government against the order of Tribunal. The power to transfer the case from one Tribunal to the other is an independent action to be taken by the Government of its own motion or on an application made on beh......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... deed challenging which the suit has been filed is in fact a camouflage deed i.e. although the deed has been described as the deed of exchange but in fact is a sale deed. The High Court Division on independent discussions of the materials on record refused to interfere with the finding and decis...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....er was on leave preparatory to retirement. 5. Capt. (Retd.) Syed Abu Naser Muhammad Okba was commissioned in the then Pakistan Army in May 196.7. With the emergence of Bangladesh as an independent country he continued his service with the Bangladesh Army until 21 June 1974 when ......ons and thus erred in law in deciding the writ petitions upon such an erroneous view. 12. His next submission is that the High Court Division is wrong in its view that with the fresh and new appointment in the Biman the writ petitioners started a new career having no nexus with their form..Category: Employment/Service Law | Date: | Hits: 103
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....bad for defect of party, that the plaintiff has been able to prove his case and as such entitled to the relief prayed for. 5. The contesting defendants went on appeal. The appellate Court on independent discussions of the evidence, both oral and documentary, concurred with the fi......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....satisfaction of the Court to be acquainted with the facts of the case. It is not a necessary condition of verification that it should be done by the holder of a power of attorney. If Md. Sirajul Huq, independent of the power of attorney, had acquaintance with the facts of the case he could verify th...... Order VII rule 11 (a) or (d) CPC is not attracted and the proper course for the learned SCC Judge was to set a next date for the plaintiff to take steps for rectification of the errors in respect of appointment of the attorney and at that stage instead of passing such order, order of rejecting the ..Category: Property Law | Date: | Hits: 118
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....l further held that D.W.1 is defendant No.1 himself and D.W.2 is husband of defendant No.2 and they are interested witnesses and as such their evidence could not be relied upon unless corroborated by independent witnesses but no independent witnesses was produced in this case by the defendants. ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... The plaintiff filed the suit for declaration, inter alia, that the plaintiffs are the sole distributors, sole indentures and exclusive importer of Birla Tyres for Bangladesh on the basis of their appointment letters and contracts/ agreements made with them until condition is changed the Birla T..Category: Business or Commercial Law | Date: | Hits: 100
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......bdul Barak Dewan the Appellate Division interpreted said rule holding that "Rule 9 of the service Rules sets a bar to a change of the date of birth of the incumbent as recorded at the time of appointment. It is only on 15 July 1969 that the petitioner had filed his new bio-data stating his ..Category: Employment/Service Law | Date: | Hits: 82
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