Search Options
Judgment Advanced Search
Displaying 1421-1440 of 1761 results.
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....ant-appellant's case is that the suit land belonged to Dinomoni Barmani and Lalit Chandra Barman in equal shares and their names were correctly recorded in the CS Khatian No. 125 (Ext. B); that by an exchange Lalit Chandra Barman got Plot No. 801 of CS Khatian No. 133 of mouza Galtoir (Ext. B (1) fr...... Jamiruddin Sircar, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Abdul Hamid, Advocate, instructed by M Nowab Ali, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-6 Striking down vide Court's order dated 5.7.88 -Respondent No. 7. Civ......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....Ltd. After more than three years an office memorandum dated 14th August, 1985 was communicated to the respondent with reference to the charge‑sheet of 12th June 1982 asking him to submit an explanation to the Principal Scientific Officer (Planning and Development) who was appointed Enquir......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......om 3‑00 PM to 8-00 PM., that as one cannot serve in two offices at the same time, he was rightly dismissed from his service. 6. The High Court Division set aside the impugned order of dismissal on three grounds: that the employee was charge sheeted on 12th June, 1982 under the Gover..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....in-interest of defendant Nos.1 and 2, are admittedly four full brothers. Mati Miah was the eldest and literate. The plaintiffs claim that all the lands in all the schedules were either purchased or exchanged from the joint family fund In the interest of all the brothers. Although some of the lan...... Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. ANM Gaziul Huq, Advocate instructed by Ozair Farooq, Advocate-on-Record-For Respondent Nos. 2- 7. Ex parte - Respondent No. 1. Civil Appeal No. 34 of 1986. (From the Judgment and Decree......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
...., filed on 8th April, 1982, was rejected, there being no one to move that application. Thereafter the defendants did not take any step nor did they file any written statement. The suit was decreed ex parte on 18th November, 1982. On 30th March, 1983 respondent No. 1 filed an application under Or......iled on 8th April, 1982, was rejected, there being no one to move that application. Thereafter the defendants did not take any step nor did they file any written statement. The suit was decreed ex parte on 18th November, 1982. On 30th March, 1983 respondent No. 1 filed an application under Order...... 8. In that decision a reference was made to Mt. Kulsomun Nissa and another Vs. Noor Mohammad alias Sultan Haider and another, AIR 1936 (Allahabad) 666, where Sulaiman, CJ did not approve of a dismissal of appeal as time‑barred merely on the ground that the appellant had not made a for..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... terms of industrial plot No. 170 (north). There was no mention of any corresponding CS plot number. It was further stated in the written statement that the first party‑appellant obtained an ex parte decree in respect of the case land against the Government of Bangladesh in Title Suit No. ......rms of industrial plot No. 170 (north). There was no mention of any corresponding CS plot number. It was further stated in the written statement that the first party‑appellant obtained an ex parte decree in respect of the case land against the Government of Bangladesh in Title Suit No. 208...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....nd 2. The suits were compromised between the plaintiff appellant and defendant No. 1 by a solenama dated 22.9.197 11. Both the suits were decreed on compromise against deceased defendant No. 1 and ex parte against proforma‑defendant Nos. 2 and 3, against whom the appellant did not pray for...... Judgment October 28, 1990. Lawyers Involved: Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record (In both the appeals) - For the Appellant Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. ......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
.... 8. The argument has been advanced in a simplistic manner, so is the reply by the learned Counsel for the plaintiff-respondents. At the bottom several questions of considerable importance, not examined by the Bar at all and unfortunately the judgment of the High Court Division is also crypti....... Bahauddin Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 7-4, 5(a), 5(a) 1 to 5(a) VIII, 6, 9 (Ka) - 9 (cha), 11-12, 13(1) to 13(6). Ex parte - Respondent Nos. 7, 8, 10(a) to 10 (c), 14 to 25. Civil Appeal No. 10 of 1985. ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....er dismissing a miscellaneous case under Order IX, rule 13, CPC and restoring the miscellaneous case to its file and number. 2. The plaintiff-respondent's suit for declaration of title was decreed ex parte and the defendant-petitioner filed a miscellaneous case under Order IX, rule 13, CPC for se......dismissing a miscellaneous case under Order IX, rule 13, CPC and restoring the miscellaneous case to its file and number. 2. The plaintiff-respondent's suit for declaration of title was decreed ex parte and the defendant-petitioner filed a miscellaneous case under Order IX, rule 13, CPC for setti......er IX, rule 13, CPC rejecting an application to set aside a decree passed ex parte" and hence Order 43, rule 1 (d) law had no application. 4. The argument is not tenable. The effect of an order of dismissal of the miscellaneous case for default is one of rejecting an application to set aside a de..Category: Civil Law | Date: | Hits: 105
Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)
....osal of the rule. 6. Appellants obtained leave to appeal from the aforesaid ad interim order of injunction on 2nd May, 1989 the operation of which was stated for 2 months initially and then extended from time to time. Leave was granted to consider whether the impugned order was passed in......onths initially and then extended from time to time. Leave was granted to consider whether the impugned order was passed in exercise of a proper and just discretion in the facts of the case and ex parte at the time of issuing the rule. 7. As already noticed the impugned injunction order w......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 91
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....e to kill Halima and that an UD case had already been started. PW 12 the Sub‑Inspector of Police came to the house of the accused persons and held inquest on the dead body of Halima. On post-mortem examination of the dead body PW 11, Dr. Md. Hafizur Rahman found ecchymosis on various parts of the ......ssain Pramanik ..................Respondent Judgment June 27, 1990. Lawyers Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Respondent. Criminal Appeal No. 10 of 1987. (From the judgment and order dated......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....High Court Division has misappreciated the decision of this Court in the case of Bangladesh Jute Mill Corporation Vs. Golam Moula Ahsan Chowdhury, 1985 BLD (AD) 187, in which this Court categorically expressed the view that the Corporation got powers not only to transfer an employee of one Jute ......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......orporation has been empowered under P.O. 27 of 1972 to appoint officers, consultants and advisers, auditors and employees for efficient performance' of its functions. But so far as the appointment, dismissal and terms and conditions of services of employees of nationalised enterprises placed und..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....ment August 11, 1988. Criminal Appeal No. 36 of 1984 The Code of Criminal Procedure (V of 1898) Section 439 In deciding a revision against acquittal the court of revision can legitimately examine whether correct principles relating to appraisal of evidence has been fallowed or not, wheth......cate-on-Record— For the Respondent No. 1(The State). T. H. Khan, Senior Advocate (M.A. Wahab Mia), instructed by Miah A. Gafur, Advocate-on- Record— For the Respondent Nos. 2 to 4 & 6. Ex-parte—Respondent No. 5 Criminal Appeal No. 36 of 1984. Judgment: A.T.M. Afzal J. This ap......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....6 of 1958 for recovery of arrear rent of 1362 B. S. against Rashid a Khatun (deceased), mother of the appellant relating to two separate holdings held by said Rashida Khatun. The Suits were decreed ex-parte and the holdings were put to sale in Rent Execution Cases No.101 and 103 of 1958 respecti......dul Huq, Advocate-on-Record— For the Appellant. T. H. Khan, Senior Advocate, (M. A. Wahhab Miah, Advocate) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Respondent no.1. Ex-parte - For the Respondent Nos. 2—10. Civil Appeal No. 75 of 1984. Judgment: A.T.M. Afza......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
....n Sheikh & ors..................................Respondents Judgment January 27, 1986. Civil Appeal No. 82 of 1984 The State Acquisition and Tenancy Act (XXVIII of 1951), Section 96 Un-exhibited documents considered by the High Court Division did not materially affect result of the su...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ..Category: Property Law | Date: | Hits: 29
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ossession was made and the respondents knew it and their prayer for setting-aside the sale was frustrated by the circle officer, the plaintiff-respondent filed this suit after the limitation has well-expired. This suit is not maintainable. The appeal is allowed and judgement of the trial court dismi......ocate-on-Record - For the Appellants. S.S. Halder, Senior Advocate, instructed by Ramesh Chandra Maitra, Advocate-on-Record- For the Respondent Nos. 1& 8. Respondents Nos. 2-7 and 9-57 (gha)-Ex-parte Civil Appeal No. 41 of 1985. Judgment: Fazle Munim CJ.-This appeal arises from Civil......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......r the Respondent Nos. 2-4. Shahabuddin Ahmed, Advocate-on-Record(absent)- For the Respondent No. 26 (State) Respondent No. 13 & 19- Not represented. Respondent Nos. 5-12, 14-18 and 20-25 -Ex-parte Criminal Appeal No. 30 of 1983. Judgment: Shahabuddin Ahmed J.- This appeal by speci...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....charge-sheet cannot be a ground for dismissing the complaint. The Magistrate The Magistrate should have considered whether any process should have been issued in view of the evidence of the witnesses examined keeping in mind that he is not holding trial at this stage. When the complaint was dismisse......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......the complaint for default. Amir Khan, a nephew of the deceased, who was cited as a witness in the complaint and as an accused in the F.I.R., filed Criminal Motion No. 118 of 1981 against the order of dismissal of the complaint whereupon the learned Sessions Judge by an order dated 24 June 1981 direc..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ences- forgery and use of a forged document-are closely linked with each other and as such these offences clearly fall very much within the ambit of section 195(c). No cognizance thereof can be taken except on a complaint by the court…………………(15) Cases Referred to- Emperor v. Raja ......onstructions or if the literal. Construction results in contradiction or leads to absurdity, which could not have been the intention of the Legislature, then the rule of literal construction may be departed from and language of the statute may be modified, if necessary, by addition or alteration of ......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
.... As such this claim is not sufficient for the trial court to alter its previous finding that the summons was duly served. In the circumstances the trial Court is found to have illegally set aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy Commissioner, Sylhet V...... such this claim is not sufficient for the trial court to alter its previous finding that the summons was duly served. In the circumstances the trial Court is found to have illegally set aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy Commissioner, Sylhet V. I......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....il) Present: F. K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......ed the amount of rent already paid to the Government. Government preferred the aforesaid First Appeal which was heard by a Bench of the High Court Division, Dhaka on 12th April 1982. 5. On the dismissal of aforesaid appeal by the learned Judges of the High Court Division the Government move..Category: Property Law | Date: | Hits: 47
17971795179417891788177917761774176117501727172617191715171317121709170616981697