Search Options
Judgment Advanced Search
Displaying 1421-1440 of 2955 results.
....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......m Shorish Kashmiri, 21 DLR (SC) page 1 the Appellate Division of the Supreme Court of Bangladesh observed:
“Law is to be understood in its general communication to include authoritative judicial principle laid down by superior courts. We may for the sake of comprehensiveness and clarity say tha......o holds directorships in a number of companies and travels extensively to hold business negotiations and to conclude contracts. He has regularly visited Bangladesh once or twice or thrice in a year for the last several years to hold business negotiations with the Government owned corporations and ......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
..
Category: Criminal Law | Date: | Hits: 108
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......ed him on such plea. The plea of guilty, which an accused person enters in a case, has to be related to the facts of the prosecution case as stated against him and as disclosed in the accusation. The principle underlying the provision is that a plea of guilty by the accused person operates as a waiv......s on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up together for disposal and this judgment would govern in all these appeals. 2. All but two appeals have bee......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...Category: Criminal Law | Date: | Hits: 73
Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)
....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......isting of 9 members and they are suffering during these hard days of economic crisis. The service of the plaintiff though not regulated by the service regulations of the board but is protected by the principle of natural justice and hence the suit for declaration that the order of the principal date......g these hard days of economic crisis. The service of the plaintiff though not regulated by the service regulations of the board but is protected by the principle of natural justice and hence the suit for declaration that the order of the principal dated 07‑09‑96 is illegal, void, inoperative and......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ..Category: Employment/Service Law | Date: | Hits: 96
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......ent dated 15‑3‑83 transferred the undertakings of Uttara Bank to the newly constituted Uttara Bank Ltd. and after such transfer, the terms and conditions of the plaintiff would be governed by the principle of master and servant. No suit would therefore, lie against termination in a Civil Court. ...... accordingly, sent the file to the teamed Chief Justice. Learned Chief Justice was pleased to direct us to hear and dispose of the matter. 3. Defendant No. 1 Uttara Bank obtained the Rule against aforesaid decree of reversal. Opposite party No. 1, Syed Abidur Reza as plaintiff on 17‑3-82 inst......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..Category: Employment/Service Law | Date: | Hits: 174
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ......to its knowledge was other than one entitled under the bill of lading to receive them the carrier was liable for breach of contract and for conversion. In the above quoted passage from Carver and the principle laid down in these cases I am of the opinion that where the plaintiff in an Admiralty suit......ur Rahman, Advocates ‑ For the Plaintiff. M Hafizullah with SK Siddique, Advocates - For the Defendants. Admiralty Suit No. 21 of 1993. Judgment AM Mahmudur Rahman J.- The application for arrest of the vessel along with the application for injunction filed by the plaintiff are taken ......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......inance, 1961 are also illegal and without jurisdiction on the ground that the said amendment effecting change in the name of Salimullah Muslim Hall by removing the word 'Muslim' therefrom offends the principle of reasonableness and is also a fraud on the statute. The learned Counsel refers to the ......eclared to have been taken or made without any lawful authority. Subsequently, having come to learn some new facts and with a view to avoiding future complications, an application was filed and moved for issuance of supplementary Rule Nisi. Whereupon the same Bench of this Court which initially issu......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...Category: Civil Law | Date: | Hits: 63
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......ated 27‑1‑2004, the petitioner did not acquire any vested right to assess and release the goods on the basis of letter on credit dated 17‑11‑2003 has got no substance. And consequently, the principle of law enunciated in the case of Government of Pakistan Vs. Monzoor Brothers does not help......t may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that the petitioner in course of his business opened letter of credit No.1945‑3‑1‑1838 dated 17-11‑2003 for US$ 9000 through Export Import Bank of Bangladesh Ltd. 55‑56 Motijheel C/A Dhaka for import of......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
....or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51.......e original written statement made after the evidence of the plaintiff's witnesses was over. The amendment of the plaint and the amendment of the written statement are not governed by exactly the same principle of law as enunciated by our Appellate Division in the aforesaid 46 DLR (AD) 130. The trial......m fit and proper.
2. The petitioner as plaintiff instituted Title Suit No.142 of 1991 in the Court of the Senior Assistant Judge, Sadar Sylhet impleading the opposite parties as defendants praying for declaration of title to second schedule land and recovery of khas possession therein. The plaint......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ......000 passed by the Senior Assistant Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the......ver in my opinion the less talk the better of these two judgments. Roaming on the surface in a civil litigation without assessment of the evidence on record in the name of adjudication of dispute and determination of rights and liabilities of the parties to the suit even without entering into the ev..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......Md.) Vs. Promode Ranjan Das and others reported in the same volume of 45 DLR 126 where both the pre‑emptor and the pre-emptee were contiguous landholders to the land under preemption. On the same principle as enunciated in the case of Golchera Khatun reported in 45 DLR (AD) 133 his Lordship also......It deserves mention here that during the pendency of this revisional application both the petitioner and opposite party No. 1 expired and their heirs were duly brought on record. 3. Facts relevant for the purpose of disposal of this revisional application, in short, are that the case khatian land......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......uit and the plaint is liable to be rejected.
4. Mr. Md. Habibullah learned Advocate appearing with Mr. Aminul Islam Mondal for the plaintiff-opposite parties, on the other hand by referring to the principle of law enunciated in the case of Secretary of State Vs. Masket & Co. reported on AIR 1...... show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
..
Category: Procedural Law | Date: | Hits: 72
.... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
...... and decisions of the High Court Division and in the circumstances this appeal be dismissed on contest without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 921.
......ainst the judgment and order dated 18.12.2002 passed by the High Court Division in Civil Revision No. 3847 of 1996.
2. The respondent No.1, as plaintiff, instituted Other Suit No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration ...... the submissions of the learned Advocates of both the sides and gone through the judgments of the trial court, appellate court and the revisional court.
15. It appears that the main question for determination before the trial court was whether the defendant No.1 was the adopted son of Purna Cha..
Category: Property Law | Date: | Hits: 49
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......plaint was held admissible as evidence of the conduct of the accused against whom was the subject of trial. Prosecution led no evidence in this regard and the High Court Division wrongly applied this principle in this case. 18. It is apt to observe here that the High Court Division has committed ......lodged an FIR with the Rawjan Police Station on the same day at about 8.30 p.m. against the appellant and two others. On the basis of a police report, the appellant and two others were put on trial before the learned Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No. 56 of......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ...... 1992 and 4 of 1992 by the Rent Controller, Rajshahi and on no other material. It is thus evident that the learned Assistant Judge fell in error in passing the impugned judgment violating the correct principle of law relating to appreciation of evidence. The learned Court below fell in error in not ......d that the building is a dilapidated one and the plaintiff intends to demolish the same and construct a new building on its site. Further case of the plaintiff is, that she requires the suit premises for the use and occupation of her son. Notice under section 106 of the Transfer of Property Act was ......case. This approach of the learned Assistant Judge does not satisfy the requirements of law and it must be deprecated. 7. Order 20, rule 4 CPC provides that a judgment shall contain the points for determination, the decision thereon and the reasons for such decision. It is thus imperative that al..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......the power of the Court to reject the plaint on specified grounds. The rejection of the plaint means taking away the very basis of the suit, and the position is the same as if no suit was filed at all principles involved are twofold. In the first place, it contemplates that a still-born suit should b......enior Assistant Judge, Sadar Dinajpur, in Other Class Suit No.325 of 1986 whereby the plaint of the suit was rejected under Order 7 rule 11 of the Code of Civil Procedure. 2. Short facts necessary for the disposal of the Rule are: Opposite party Abdus Sattar as plaintiff instituted a suit in ......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..Category: Property Law | Date: | Hits: 62
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......ich he has not. To say that there is no jurisdiction to convict without evidence is the same thing as saying that there is jurisdiction if the decision is right, and none if it is wrong." 16. This principle of certiorari as spelt out above by their Lordships of the Privy Council had been re‑ins......d is directed against an order being Order No.24 dated 26.10.92 passed by Senior Assistant Judge and Election Tribunal, Sadar, Sythet, in Election Tribunal Case No.3 of 1992 allowing an application for re‑counting. 2. It is the case of the petitioner that he along with respondents Nos. 1‑5 ...... of malafide or a mere colourable exercise of jurisdiction could be made out, the decision would not be without lawful authority. If an order can be without legal authority because of a clearly wrong determination of a question of fact, there is no reason for any distinction in this connection betwe..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......luded, the civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the Statutory Tribunal has not acted in conformity with the fundamental principles of judicial procedure". This decision is based on the famous case of Secretary of State V......East Bengal Vs. Dewan A Ali, 9 DLR 26; Secretary of State Vs. Mask & Co (PC), 67 IA at page 222; Abdul Rauf and others Vs. Abdul Hamid Khan and others, 17 DLR (SC) 515. Lawyers Involved: Lutfor Rahman Mondal, Advocate- For the Petitioners. SM Zillul Haque, Advocate‑For the Opposite Pa......er hearing the parties and on consideration of the facts of the case and the averments made in the application for temporary injunction and also the written objection, framed the following points for determination; 1. Whether there was any prima facie case for injunction in favour of the plaintif..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......sion thereof on the basis of permission granted to him. In other words, he intended to say it is a permissive possession but there is no material on record to support this contention. Relying on this principle laid down in section 57 of Mohammedan Law and taking other facts into consideration it was......ge Rangpur affirming those dated 18.7.85 in Other Suit No.20 of 173 by Subordinate Judge, Rangpur. 2. Facts giving rise to this Rule may briefly be put thus: Petitioner is the defendant in the aforesaid suit instituted by the opposite party as plaintiff for declaration of his title and interes......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......0 of 1987. Judgment AM Mahmudur Rahman J.- This reference application under section 160(1) of the Income Tax Ordinance, 1984 is at the instance of assessee. In this application the assessee has formulated the following questions said two have arisen out of the order of the Appellate Tribunal f...... the Tribunal comes to such a finding upon proved facts such finding does not give rise to any question of law arising out of the order of the Tribunal. In order to answer the question relating to determination of title in respect of the property out of which the income arises to be taxed under s..Category: Fiscal/Taxation Law | Date: | Hits: 110
Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)
....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......r. Alam argued that although there was notice under section 106 served upon the tenant still it was held to be insufficient and on that score the suit failed. He submits that in the instant case this principle of law is very much applicable as there was no notice under section 106 served upon the pe...... Advocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.449 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule a short but important question falls which for determination is whether a transferee of a premises can be added as a party in a suit for ejectm......ocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.449 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule a short but important question falls which for determination is whether a transferee of a premises can be added as a party in a suit for ejectment ..Category: Property Law | Date: | Hits: 49
57695767576257595756575557525751574957485746574357395737573657315730572957285727