Search Options
Judgment Advanced Search
Displaying 1421-1440 of 2921 results.
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....med J Mostofa Kamal…………………….Petitioner Vs. B.D. Habibullah & others...................Opposite Parties Judgment December 14, 1988. Result: The Rule is made absolute. Cases Referred to- PLD 1949 Lahore 301(343); Sultan Ali Vs. Nur Hussain Habibur Rahm...... Assistant Judge has thus fallen into an error in finding otherwise. Section 26 of the said Ordinance runs as folÂlows: 26. Election petitions.- (1) No election unÂder this Ordinance shall be called in question exÂcept by an election petition under sub-section (2). (2) Any candidate can ......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..Category: Election Law | Date: | Hits: 207
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
.... Masihuzzaman...............................Petitioner Vs. Shah Alam & others..............................Opposite Parties Judgment January 23, 1989. Result: The Rule is made absolute. Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567...... No.1 and others being Case No. 454A-1/80 on 23.6.80. Learned Chief Metropolitan Magistrate did not admit the petition nor examined the petitioner, it is alleged, as "required under law but illegally called for the records of the case filed by the caretaker under section 107 of the Code of Criminal ......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..Category: Criminal Law | Date: | Hits: 77
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....ions Case No.136 of 1988 convicting the appellants namely Kabir, Shahid Hossain @ Shafi, Sattar and Abdul Matin under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonm......y as alleged. His main contention is that the appellants are in no way connected with the commission of the alleged dacoity. The Sessions Judge has based conviction of the appellants solely on the so called confession of co‑accused Shahid Hossain alias Shafi and apart from the said confession ther...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
.... J Chunnu Chowdhury........................Petitioner Vs. The District Magistrate & ors.....................Respondents Judgment January 10, 1989. Result: The Rule is made absolute. Cases Referred to- 18 DLR (SC) 214; 40 DLR (Dhaka) HCD 364; 31 DLR (AD) 1; 27 DLR (HC......tenu is wholly illegal and without lawful authority, inasÂmuch as separate grounds of detention as required unÂder Article 33 of the Constitution of the People's Republic of Bangladesh (hereinafter called the ConÂstitution) and also under section 8 of the Special Powers Act, 1974 have not been su......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ..Category: Criminal Law | Date: | Hits: 60
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....ion one gallon of hilly liquor which he held in a polythene bag in his right hand. He seized the same in presence of witnesses under a seizure list prepared by him and obtained their signatures. He also obtained thumb impression of the convict petitioner on the seizure list. Then he put some specime......ubmitted that under the Excise Act there is no such term like "Pahari Cholai Mod" as any item of liquor to bring it within the scope of any offence. But the fact remains, by whatever name it might be called, it was essentially liquor which on chemical examination was found to contain 24.2% alcohol a......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..Category: Criminal Law | Date: | Hits: 87
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....the said defendant in the suit land. 3. The plaint case, inter alia, was that the suit land measuring an area of 1.59 acres originally belonged to Chandra Kumar Mistry who died leaving behind four sons Ambika Charan, Sashi Kumar, Satish Chandra and Nishikanta to inherit his interest in equal shar......ry of khas possession along with the prayer for declaration of title, the Courts below committed no error of law occasioning failure of justice in dismissing the suit and, as such, no interference is called for by this Court. 8. In view of the submissions of the learned Advocates of both the part......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....unior assistant and in due course was confirmed. On 30‑12‑80 he was promoted to the post of senior assistant and continued as such serving the bank to the satisfaction of all. 5. On 9‑9‑81 some central leaders of the Bank Employees Federation were arrested at Dhaka pursuant to a nationwid......admissible under the law. The plaintiff was removed by termination simpliciter and such termination has got nothing to do with his trade union activities. After termination, his attempt to join was uncalled for. Such termination gave the plaintiff no cause of action to sue. On the pleadings follo......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 RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....or arrest and the order of ad interim arrest of the vessel. It filed two lists of documents and additional documents on August 9, 1993 in support of the objection. The plaintiff, on the other hand, also filed a list of documents in support of its case on July 29, 1993 and another list of papers on A......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. ...... issue delivery order on the plea that under the instructions of defendant 4 they are unable to issue delivery order as a result the plaintiff was deprived of the valuable cargo causing substanÂtial loss and damage to it for non‑delivery of cargo valued at Taka 7,15,53,049.00 (US$ 17,91,845.60). ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....din Ahmed………………………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- Kazi Moklesur Rahman, 26 DLR (AD) 44; AIR 1998 SC 602 and 2 AER (CA......n Article 27 of the Constitution inasmuch as these laws only changed the name of Salimullah Muslim Hall and Fazlul Huq Muslim Hall without changing the name of Jagannath Hall in keeping with the so‑called hopes and aspirations of the people of Bangladesh and the spirit of the Constitution "to grow......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
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....h the appellant requested him for being guarantor and on humanitarian ground he signed the concerned loan account as the guarantor. No notice under section 9 was served upon him. The defendant No.3 also filed an additional written statement by denying his signature on guarantee form and after consid......provisions of this Act, if a debtor commits an act of bankruptcy, a plaint may be presented either by one or more eligible creditors or by the debtor and the Court may, on such plaint, make an order, called an order of adjudication, adjudging the debtor a bankrupt." 7. Mr. Khandaker Mahbubuddin A...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ..Category: Civil Law | Date: | Hits: 83
....lready de‑requisitioned the suit land in favour of the plaintiffs and possession was delivered and the Government is not required to take any further steps in the matter.
4. The defendant No.4 also has been contesting the suit by filing a writ ten statement contending, inter alia, that the seco......
JN Deb, Advocate‑For the Petitioner.
Not one appears- For the Opposite Parties.
Civil Revision No. 3699 of 2002.
Judgment
Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why impugned order No.104 dated 10‑6‑2002 passed by the Assistan......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)
....alim (Md.)...............................Petitioner Vs. Mafijul Islam Tarafder alias Kalu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is made absolute. Cases Referred to- AIR 1917 Lah 423; AIR 1921 Lah 156, AIR 1930 (All) 600. Lawyers ......se of expeditious disposal subject to the approval of the Learned District Judge and Mr. Sharif Md. Lutfar Rahman, the Senior Assistant Judge, Fulpur received the case record on 2‑11‑1999, as was called for, under his order No.63 and it was re‑numbered as Other Suit No.121 of 1999. On 9‑2‑......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. ..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....k Rezowan Ali J Shahid Ali (Md.) and others...............Petitioners Vs. Reza Mohammad & others.............Opposite Parties Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Abdul Baten Vs. Abdul Latif Sheikh and others, 45 DLR (AD) 26; Idri...... not the date of registration of a document that matters. According to the learned Judge, the petitioner had thus no occasion to claim himself as a co-sharer in the case holding by virtue of the so Âcalled exchange. He further found that the preÂemption petition was not barred by limitation nor ba......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
Azam Reza Vs. State, 2004, 33 CLC (HCD)
....at in that UD Case he informed the police that due to paralysis of his first wife he got second marriage with the deceased Joyanti Munshi with permission of his first wife, in their wedlock she has a son aged about 2½ years. The marriage of deceased Joyanti with him was her third marriage and she s......d his wife Joyanti Munshi has been hanging from the ceiling fan by a scarf. Thinking that she was alive he with the help of the maids of the house quickly untied her and laid her on the bed. Later he called Dr. Mahbub @ Apu who declared her dead. That on such information the police prepared an inque......il of the petitioner is hereby rejected. However, the finding of this case will have no bearing in the trial of the case by the trial Court. Ed. This Case is also Reported in: 57 DLR (2005) 36. ..Category: Criminal Law | Date: | Hits: 96
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....cial Original Jurisdiction) Present: KM Hasan J Md. Awlad Ali J Shaw Wallace Bangladesh Limited, represented by its Managing Director……………Petitioner Vs. Tofazzal Hossain son of late Abdul Kader, Dhaka and others………………Respondents Judgment August 18, 19....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......l be made only in accordance with the provisions of this Act, and may be of the following kinds only, namely: (a) fines; (b) deductions for absence from duty; (c) deductions for damage to or loss of goods expressly entrusted to the employed person for custody; or for loss of money for which..Category: Labour and Industrial Law | Date: | Hits: 255
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....ffs‑petitioners instituted the above suit in the Court of the Assistant Judge, Matlob Upazila within the district of Chandpur praying for permanent injunction against the defendant opposite parties so that defendant No.1 through the disputed LA Case No.4/87‑88 cannot acquire plaintiff’s ‘Kha......reason stated above, I am of the view that there is no illegality in the impugned order of the learned Subordinate Judge and the same has not occasioned any failure of justice. Hence, no inference is called for by this Court in Revision. In the result, the Rule is accordingly discharged without a......acie case for injunction in favour of the plaintiffs. 2. Whether the balance of convenience and inconvenience was in favour of the plaintiffs. 3. Whether the plaintiffs would suffer irreparable loss if no temporary injunction is granted. The learned Assistant Judge on consideration of the m..Category: Property Law | Date: | Hits: 47
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....Siraj Mal, Nurul Islam alias Nuru under section 4(b) and 4(c) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (Ordinance LX of 1983) and sentencing each of them to suffer rigorous imprisonment for 14 years and to pay a fine of Tk. 10,000.00 each, in default to suffer rigorous imprison......ears to have stated in his cross‑examination that the victim girl Shilpi in her statement under section 161 CrPC told him that the said Nurul Islam @ Nuru took her to their house and one Moulvi was called who then solemnised her marriage and thereafter of course accused Nurul Islam cohabited with ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....d. Sekander Hossain Vs. Secretary, Ministry of Cabinet Affairs Establishment Division, GovernÂment of Bangladesh and others, 29 DLR 10; Fazlur Rahman Vs. Rajab and others, 30 DLR (SC) 30; Manager Personal Division Vs. Md. Sazahan Miah and others, 35 DLR 224. Lawyer Involved: Abdul Baset Majum......ts Memo No. WE/TA/‑12/86‑355 dated 4.12.86 advised the Authority to deal with the case of the petitioner and other cases according to rules without making further reference to the Ministry unless called for. The Authority thereafter acted according to rules in giving effect to its earlier office......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....l limitation under rule 11 of the Excise and Salt, Rules, 1944 as the said rule has no manner of application in respect of the unauthorised collection of duty. He further submitted that respondents also cannot refuse refund of such illegally realized excess duty on the plea of petitioner’s realizi......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......ners realized such amounts from the customers. 10. A person is entitled to claim refund of an amount paid by him to another person when the same was not due from him to such person as suffered the loss for no fault of his own. But the situation would change when such person suffered no loss by su..Category: Fiscal/Taxation Law | Date: | Hits: 164
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....2(two) leave petitions, having been filed against the same judgment and order dated the 12th and 13th April, 2010 passed by the High Court Division in Writ Petition No. 2669 of 2000 making the Rule absolute in part, heard togethÂer and are being disposed of by this sinÂgle order. 2. On an appli......as the CHT Regulation, 1900) and framing of Rules thereunder, but the questions as to the constitutionality of the sections of Acts 9, 10, 11 and 12 of 1998 and Acts 19, 20 and 21 of 1989 having been called in question before the High Court Division and dealt with by it, we are not required to state......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
57855781577457685766576057595756575557535751574957485747573557305726572557235719