Search Options
Judgment Advanced Search
Displaying 1941-1960 of 3784 results.
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....rt Division wrongly considered the amended provision. Section 12 as stood on the date of acquisition reads as follows: "12. Abatement or Revocation of Acquisition Proceedings.- (1) Notwithstanding anything contained in this Ordinance, where in any case compensation has not been paid or deposited ...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......a J. - These appeals, by leave, arise out of the same judgment and accordingly these appeals are disposed of analogously by this judgment. Points involved in these appeals are whether, an acquisition proceedings would abate under section 12 of the Acquisition and Requisition of Immovable Property Or..Category: Property Law | Date: | Hits: 93
Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....etween the complainant and accused-petitioner; that the mother of the accused-petitioner at the time of marriage demanded Tk.50,000.00 as dowry but the complainant and his relations refused to give any dowry; that out of that wed lock a daughter and a son were born; that during liberation war th......above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ...... petitioner is directed against the judgment and order dated 20.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No.93 of 1995 discharging the Rule issued for quashing the proceeding of C.R. Case No.243 of 1993 under Section 4 of the Dowry Prohibition Act, 1980 in the Cou..Category: Criminal Law | Date: | Hits: 165
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....led to transfer the suit land to the plaintiff he will suffer irreparable loss and injury. 4. The learned Assistant Judge, after hearing, decreed the suit holding that defendant No.1 has not taken any step to show that his transaction with the plaintiff as mere loan and not to sell any property. ......ল জালিয়াতির কোন ব্যাখ্যা নাই। In view of the admission of defendant No. 1 about the execution of the bainapatra Ext. 1, it is difficult at this stage to disagree with the concurrent findings of facts of the courts below and to offer an opportun......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146...Category: Property Law | Date: | Hits: 54
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....rdingly there is nothing wrong or illegality in the above order dated 8.2.2007 as after opening of the tender submitted by more than one tenderer there remains no scope for correction or amendment of any of the tenderer and accordingly the, executing Court rightly rejected such prayer of the respond......by him as .68 acres of land but the executing Court, by order dated 8.2.2007, rejected the above application of the respondent No.4 holding that there was no scope for amendment of the tender at that stage and accordingly there is nothing wrong or illegality in the above order dated 8.2.2007 as afte......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....2(ক). In other words, in such a suit (1) the plaintiff must be a financial institution and (2) the suit must be for recovery of debt dues. Artha Rin Adalat has no jurisdiction to take cognizance of any cause of action other than debt dues in a suit instituted by a financial institution (as plainti......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......ordinary civil Court or a special civil Court. 10. There is no doubt that Artha Rin Adalat is a civil Court. The question is how far the Code of Civil Procedure would be applicable in respect of a proceeding in an Artha Rin Adalat. In this connection we may refer to section 5 of the Artha Rin Ada..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....urisdiction there must have been good and sufficient reason to by pass the alternative remedy provided by the statute. The writ jurisdiction is meant for doing justice where it can not be done in any other forum. 8. This Court on repeated occasions argued that Article 102(2) of the Constituti......hom the Case was transferred for trial, framed charge against the writ petitioner and two others under sections 409/420 of the Penal Code and section 5(2) of the Prevention of Corruption Act. At this stage, the writ petitioner moved the High Court Division a writ petition challenging the proceed......). Judgment Surendra Kumar Sinha J. - This petition at the instance of the Anti-Corruption Commission and another is directed from a judgment and order of the High Court Division quashing the proceedings in Metropolitan Special Case No.49 of 2007 pending before the Metropolitan Special Judge..Category: Anti-Corruption Laws | Date: | Hits: 214
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... the first and second class employees of the Academy was no changed and as the provision of section 18 of the Act X of 1990 provided for delegation of power of the Board to the Director General or on any officer of the Academy, the present Director General of the Academy endeavoured to get such dele...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......, the present Director General of the Academy endeavoured to get such delegation, but no action has been taken by the government as yet and therefore the power to dismiss or initiate any departmental proceeding in respect of the first and second class employees still lies with the Board of Director ..Category: Employment/Service Law | Date: | Hits: 64
.... the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) ...... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163........2431 of 2007 before the High Court Division whereupon by order dated 11.3.2007 the Rule was issued upon Agrani Bank and the operation of the impugned notice dated 2.3.2007 was stayed and all further proceedings in respect of the petitioners properties as described in schedule Ka and Kha of the said..
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....du Joint Family properties by metes and bounds considering almost all aspects of raised objection as to question of fair and equitable partition and such finding of the trial Court do not suffer from any misreading and non consideration to invoke jurisdiction under Section 115(1) of the Code of Civi......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......eport and the High Court Division in its revisional jurisdiction cannot interfere with those material findings arrived by the trial Court in disposing of objections raised against Commissioner in the proceeding of partition which depends upon so many investigation, inquiry, information's and instruc..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....ipts of National Bank of erstwhile East Pakistan showing payment of installments against letter of allotment have been filed but it is curious to note that plaintiff of each of the suits did not take any step for ascertaining which one of these four sets of apparently original documents and deeds ar......- Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the fact which it states, when the witness is de...... Code of Civil Procedure for making them party on the light of observation made by the High Court Division in Civil Revision No.4608 of 2004, against which plaintiff filed application. While suit was proceeding on addition or substitution of the defendant No.1 (a) to 1(e) with written objection of t..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....of defendant No.9 and delivered possession of the said land to the said purchasers from western side of CS plot No.313 only. But neither in the recital nor in the schedule of the said Kabala there is any mention that the said purchasers were given possession in the said 0.73 acres of land from the w......ntiff No.2 has deposed in support of the plaintiffs' exclusive possession of the suit plot. He stated that the plaintiffs possessed the suit plot through their borgader Sultan Mia who at a subsequent stage executed a borga kabuliyat Ext. 3 in their favour and after him plaintiffs possessed through t......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....sit the balance consideration amount within 10 days. On the same day the decree holder prayed for not accepting in the tender submitted by the appellant M. A. Mannan. The executing Court did not pass any order on the reasoning that the tender of Abdul Mannan had already been accepted. 3. The decr......notice at least in two Bangali daily news papers, and if it is practicable in a local news paper, as per provisions of Sub-section (1) of section 33. These provisions clearly show that at the initial stage the publication of notice for sale of the mortgaged property or any other property be made in ......4th June, 2003, the decree holder came up with a application that it had amicably settled the dispute regarding payment of the decreetal amount with the judgment debtor and prayed for staying further proceedings of the executing case and that the judgment debtor had already deposited Tk. 40, 00,000/..Category: Civil Law | Date: | Hits: 90
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
.... paid to the accused petitioner by Mr. Md. Habibur Rahman himself, in the office of the accused-petitioner, when Mr. Ahmed Abdul Gani, another Assistant Director of the Sports Council, was also accompanying him. That, on 20.05.1999 another amount of Tk. 7,00,000/- (seven lac) was also handed over to...... and framed charge on 08.04.2008 against the petitioner, as the sole accused, under section 161 of the Penal Code, 1860 read with section 5(2) of the Prevention of Corruption Act, 1947. 6. At this stage the accused petitioner moved this petition under section 561A of the Code, as a motion, and ob......eral - Opposite Party No.1 (State). Md. Khurshid Alam Khan, Advocate - Opposite Party No.2 (ACC). Criminal Miscellaneous No. 5735 of 2008. An application u/s 561A Cr.P.C for quashment of the proceedings of Special Case No. 4 of 2008 pending in the Court of Special Judge Court No. 7, Dhaka.)..Category: Criminal Law | Date: | Hits: 111
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....im additional charge and Mr. Aminul Huq, the learned Attorney‑General appearing for the opposite party State in support of the further charge, submitted that the impugned order does not suffer from any illegality and impropriety and hence the Rule is liable to be discharged so as to enable the pro......d Counsel for the petitioner Mr. Moudud Ahmed raised a number of points on the subject which called for our rapt attention and we have also taken great care and caution in expressing our view at this stage while we are concerned only with the justification or otherwise of framing of the further char......he same and similar purpose. Section 241A Cr.P.C. has cast a duty on the Judge to discharge the accused against whom it appears to the Court on consideration of the record that there is no ground for proceeding with the case and while passing such order the Court must record his reasons with the fin..Category: Criminal Law | Date: | Hits: 286
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....rst Court, Sadar, Chittagong, in which the plaintiff of Other Suit No.7 of 1991 has been made the defendant No.2. The latter appeared in that case by submitting written statement, but did not mention anything in Other Suit No.7 of 1991 about the pendency of the Title Suit No.52 of 1987. 6. The pe......R 1960 Bombay 238, 1978 AIR Jammu and Kashmir 85, AIR, Nagpur 234, 42 DLR page 72 and 1983 BLD 274. 10. Order 1 rule 10 sub-rule 2 of the Code of Civil Procedure provides: "The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms ......y of suits involving numerous questions of law and fact, and the transformation of a simple suit into a title suit, in which case there will be no end to the dispute. He also submits that an eviction proceeding under section 18 of the Premises Rent Control Ordinance is more or less a summary proceed..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....ge of the Tribunal could not be read over and explained to the convict-petitioners. 9. However, the trial of the case was held in absentia. At the trial of the case, the prosecution examined as many as 6 witnesses to prove the prosecution case. After taking evidence, the learned Judge of the Tr......ithin the purview of section 561 A of the Code of Criminal Procedure for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stand......l Quader Chowdhury Vs. The State, 28 DLR (AD) (1976) 38, it has been spelt out that to bring a case within the purview of section 561 A of the Code of Criminal Procedure for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at an initial..Category: Criminal Law | Date: | Hits: 86
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ent Md. Monwar Hossain Dipzol by the Metropolitan Special Tribunal No. 7, Dhaka in Special Tribunal Case No.346 of 2007 and setting the said convict Monwar Hossain Dipzol at liberty, if not wanted in any other case. 2. Facts of the case, in short are that One A.S.I. Md. Asaduzzaman lodged a First......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......der including all other papers available on record. The learned Additional Attorney General submits that the High Court Division while making the rule absolute have not appreciated correctly that the proceeding against the accused involves information from reliable source and the informant being A.S..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....3) retiring them forcibly from service under Section 9(2) of the Public Servants (Retirement) Act, 1974. The petitioners made several representations for withdrawal of the impugned orders but without any favourable reply, although verbal assurances have been given and in the premises they filed appe......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......ers, we have already find that the impugned orders have got no nexus to the decision mentioned above. The said Annexure-2 itself proved that the impugned orders were issued illegally. No departmental proceeding was instituted against the petitioners. Before finding them guilty without holding any de..Category: Employment/Service Law | Date: | Hits: 47
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....fence examined none. 5. The defence case was that they are innocent and they have been falsely implicated in the case out of enmity. The further case of defence are that deceased Mashar Uddin had many enemies including his divorced wife and her relations and he might have been killed by such enem......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......Nasiruddin is another witness who is stated to be independent. He went to the hat for purchasing cow. On his way back he found accused Tasir, Fazlur Rahman, Mafizul and Salam crossing the road. After proceeding to some distance he heard a cry (ওরে বাবা) and on hearing the same he start..Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....icultural Development Corporation, accrued and due to the defendant Co. for the carriage of this urea though carrying through defendant No.1. 4. That application was contested by the defendant company where it had been alleged that the application for attachment is not maintainable and that the p......pany in that suit at the time when he order decreeing the suit in part was passed. 9. It has been submitted that Order 12, rule 6 of the Code of Civil Procedure provided that any party way, at any stage of suit, where admissions of fact have been made, either on the pleadings, or otherwise, apply......Written statement, is not the same thing as written objection because Order 6 rule 1 does not include written objection to be a pleading. Written objection filed in an interlocutory matter during the proceeding would not be a part of the pleadings of the parties in the suit as such but we are of the..Category: Civil Law | Date: | Hits: 104
55055503549854945493549254905484548354805478547654745470546854665460545954555454