Search Options
Judgment Advanced Search
Displaying 1881-1900 of 3397 results.
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....bmitted that the learned District Judge committed an illegality in not at all considering that the petition for amendment of the plaint can be made at any stage of the proceedings. 6. On the other hand, Mr. SK Sinha, the learned Advocate for the opposite parties, submitted that the instant revisi...... out the written statement of a defendant and to place him in the same position as if he had not defended the suit, if the defendant fails to comply with an order to answer interrogatories or for discovery or inspection of document. Recourse to such a power being an extreme measure should be taken o......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
....in and against the interest of the trust. When the trust property was enlisted as enemy property on 20.6.76 he did not take any step to release the same from the list of vested property. On the other hand, he took lease of the trust property from the vested property section Vide VP Case No.338/SA 75......nder section 3 of the Trust Act by the Competent Principal Civil Court of the Original Jurisdiction and so long as this appointment was not made the Administrator General and Official Trustee of the Government of Bangladesh should act as the Official Trustee". On 13.7.87 one Mr. Syed Muhammad Salehu...... for appointing a permanent trustee of the trust in the Court of District Judge, Manikganj on the ground that there was no successor‑in‑interest of the trust and that the trust property under the management of Upazila Revenue Officer, Saturia was on temporary basis, without making the appellant ..
Category: Trust/Waqf Law | Date: | Hits: 183
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
.... the instance of the husband of the defendant No.1, she brought the plaintiff in her father-in-law’s house. On 13.05.2007 the defendant No.1 and her husband gave proposal to the plaintiff to go to Chandraganj to give him treatment by a doctor. The plaintiff agreed to that proposal and went to Chan......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....cogent and reliable evidence and as such the judgment of two Courts below are liable to be set aside. 9. Mr. Probir Halder, the learned Advocate appearing for the opposite party No.1, on the other hand, supports the impugned judgments of two Courts below which were according to him just, correct ......f them became co-sharer to the case jote by inheritance, both of them possessed thereon and as such, it cannot be said that the pre-emptor-opposite party was totally unaware about the impugned kabala over a period of 1(one) year and 6 months. The learned Advocate finally submits that the proposition......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....he writ petition was totally false, forged, manufactured and ante-dated, since the words in affidavit under Serial No.3 seem to be different from other words in respect of deepness of ink and mode of hand writing. The learned Counsel submits that clearly fraud has been practiced, and since fraud vit......whether the High Court Division misconceived and misconstrued the provision of Rule 9 of the Bangladesh Service Rules Part-I, because of the fact that the declaration of age made by an applicant for Government Service at the time of or for the purpose of entry into Government service shall be deemed...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
....while disposing of the application for temporary injunction filed by the respondent No.1 in the suit suo motu rejected the plaint of the suit as he did not find any cause of action, but, on the other hand, allowed time to the petitioner for filing written statement fixing 27.11.90. The respondent No......dated 30.6.90 by the Upazila Fishery Officer, Balaganj, on receipt of writ (Annexures‑B and C respectively). The review petitioner undertook development as per approved scheme dated 17.6.90 of the Government and invested large sums of money. A copy of the scheme is annexed as Annexure‑'D'.
3.......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
....Court Division in the writ petition. In aid of his submission the learned Advocate refers to Articles 102 (a)(i) and 112 of the Constitution.
4. The learned Deputy Attorney‑General, on the other hand, submits placing reliance upon Article 42 of the Constitution that no right having had accrued ......t:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
Yunus Mia (Md.) and others..........................Petitioners
Vs.
The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents
Judgment
April 28, 1991......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....4; John Cockrane Vs. Hurrosoondurri Debia (1854-57) 6 Moo Ind App (Moor’s Indian Appeal) 494; Jogendro Deb Roy Kut Vs. Funindro Deb Roy Kut, (1870-72) Moo Ind App 367; Gadadhar Chowdhuyr Vs. Sarat Chandra Chakravarty (1940) 44 CWN 935=AIR 1941 Cal 193. Lawyers Involved: Mahbubey Alam, Seni......his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from the said land whereupon, Md. Putan filed Title Suit No.142 of 1906 against said Fazal Kabir Khan for recovery of khas possession in the said 14 drones of land out of the suit land on declaration of his ti...... 1 kara of land out of the suit land to Md. Putan by a registered kabala dated 10.06.1912. In course of time, Md. Putan executed a power of attorney in favour of his eldest son Ali Hossain for proper management and administration of the suit property as he was unable to look after the property due t..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......ourts seeking coercive order to secure production of required documents; the Registrar can direct a Company to correct the documents supplied and may also report the circumstances of the case to the Government and the Government may, in turn, initiate criminal proceedings in appropriate circumstance......004. Although the Company witnessed a smooth and healthy functioning, subsequently problem cropped up due to declining personal relationship between writ-petitioner No.2 and the appellant and put the management structure of the Company in a shamble. At one point of time, the appellant alleged that s..Category: Company Law | Date: | Hits: 235
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....nt of Bangladesh, 40 DLR 87; 40 DLR (AD) 116; Coopers' case, (1863) 14 CBNS 180; Abal Ala Maudoodi's case, PLD 1964 (SC) 673; Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore, 1957 1 QB 574; Ram Chandra Sankar Deodhar Vs. The State of Maharashtra, 1974 SCC at page 317; Tilak Chand's case, 1969 S...... High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Re....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....e case of Saleh Ahmed Chowdhury and others Vs. Kabir Ahmed and others reported in 13 DLR 531, and other in the case of Moyna Mia & others Vs. Haji Abdus Samad reported in 33 DLR 207. On the other hand, the learned Advocate for the Judgment‑debtor opposite‑parties supported the impugned order......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....annot be allowed to be withdrawn for the purpose of use for dissolution of another Company. All formalities for liquidation was over and only step is to be taken for dissolution of the Company and to hand over all the records to the Registrar, Joint Stock Company for registration that the Company li......tic person i.e. to say the Company. The money belonging to one Company cannot be allowed to be withdrawn for the purpose of use for dissolution of another Company. All formalities for liquidation was over and only step is to be taken for dissolution of the Company and to hand over all the records to......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...Category: Company Law | Date: | Hits: 205
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....hief Justice must be published in the official gazette is not an acceptable proposition, since that would expose the Hon'ble Judges of the Supreme Court, who are superseded, to ridicule. On the other hand, he submitted that the appointment of the Chief Justice of any country should be based on merit...... others, PLD 1996 Supreme Court 324;Bangladesh, represented by the Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the People's Republic of Bangladesh, 55 DLR 332. Lawyers Involved: Hassan MS Azi......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
.... commodity of 32 MT of Anti Oxidant preparation and other compound Stabilizer for Rubber of Plastics from Taiwan having total L/C value of US$23, 000, 00. 3. The Respondent No.4, OMIC Overseas Merchandises Inspection Co. Ltd. inspected the petitioner's goods on 12-1-2011 and issued CRF Certificat...... the respondent No.2 on behalf of respondent No.1 directing the Manager, Mercantile Bank Ltd. Main Branch, 61, Dilkusha Commercial Area, Dhaka to give pay order of Taka 35, 00,000 to respondent No.1 covered under the Bank Guarantee being No.74/2011 dated 14-3-2011 (Annexure-G). 2. The Background ......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....3. Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. The State, 33 DLR 320; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (AD) 1; Amir Hossain How......persons preferred Criminal Appeal No.1310 of 1990 and Criminal Revision No.1252(R) of 1992 for bail. 2. The reference, the Appeal and the Revision have been heard together and this judgment would govern them all. 3. The case of the prosecution, in brief, is that on Thursday the 18th Kartic, 13...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Renu Begum...................................Plaintiff-Appellant-Petitioner Vs. Khandokar Enamul Mowla and ors.......Defendant-Respondent-Opposite Parties Judgment July 20, 2......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....strate the contract being fully conscious that HELM could not in any case fulfill its contractual obligations given the shortage of availability of urea in the global market at the time. On the other hand, it has been sought to be impressed on this Court that BCIC for its part at all material times ......ation of the same facts and issues as extensively set out in this Application for examination by this Court would be a misstep given that in doing so this Court shall effectively be sitting in appeal over the Tribunal's award while professing nevertheless to set aside the same under the otherwise ve......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
.... Said Shahida Begum claimed to have purchased the suit land by registered deed dated 4th July, 1974 from Asrafuddin, who also claimed to have purchased from Brajabashi. The defendants, on the other hand, claimed to have purchased the suit land by registered deed dated 8th January, 1979 from Shah...... 2.7.2009 passed by the High Court Division in First Appeal No. 415 of 2003.) Judgment Surendra Kumar Sinha J. - Petitioners are the heirs of defendant in a suit for declaration of title and recovery of khas possession of the suit land, preferred this petition for leave to appeal from the judg......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e, 5th Court, Dhaka in Title Appeal No.223 of 1997 affirming those of the learned Assistant Judge, 3rd Court, Dhaka dated 31.07.1997 in. Title suit No.160 of 1994 decreeing the suit with direction to hand over possession to the plaintiffs. 2. The facts, in short, are that the plaintiff-petitioner......h Court, Dhaka in Title Appeal No.223 of 1997 affirming those of the learned Assistant Judge, 3rd Court, Dhaka dated 31.07.1997 in. Title suit No.160 of 1994 decreeing the suit with direction to hand over possession to the plaintiffs. 2. The facts, in short, are that the plaintiff-petitioners fil......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....ants illegally took possession of the suit land by erecting house made of corrugated iron and bamboo fences in the absence of the plaintiff. On 22.05.2004, the plaintiff requested the defendants to hand over possession but the defendants threatened the plaintiff and refused to hand over possessi......eading to the filing of this petition for leave to appeal, in short, are: 3. Respondent No.1 instituted Other Class Suit No.15 of 2004 in the Court of Assistant Judge, Baladangi, Thakurgaon for recovery of khas possession by removing kachha houses. 4. The case of the plaintiff, in short, is ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
54385437543354325430542854265425542454205419541854135410540754035402539853965393