Search Options
Judgment Advanced Search
Displaying 2301-2320 of 2712 results.
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......follow the order of merit irrespective of their joining dates within 30 days time limit from the date of issue of Order for joining duty". As the respondents joined within the time limit of 7 days in terms of their appointment letter they were entitled in the seniority of merit list. In the suit, na......sent: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to- ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......matter cannot amount to a confession if the exculpatory statement is of some fact which if proved would negative the offence alleged to be confessed. Moreover, a confession must either admit in terms the offence or at any rate substantially all the facts which constitute the offence." His Lo......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......he writ petition seeking release of the property and also restoration of possession. 3. Appellant being aggrieved moved this Court and obtained special leave to appeal in the following terms: "Mr.T. H. Khan, learned Counsel for the petitioner, submits that responden...... Mohammad Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Petition No. 288 of 1..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... come to the conclusion that the writ is not available. 20. The learned Attorney General, how, ever, raised the point whether in the nature of these contracts a contracting party can retort to the extraordinary jurisdiction and the question being of public importance should merit consideration of...... deed had arrived at the conclusion that non-payment of rent for each year in the 15th Falgoon of each preceding year would cause a default as to the payment of rent which would be violation of the terms of the lease warranting cancellation of it and since it was a lease between the parties the br......r AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......money was repaid. But nothing of this sort was mentioned anywhere in the Deed, Ext.1, and this claim is entirely retted upon oral evidence of the vendor. Oral or extraneous evidence to contradict the terms of the contents of a document is inadmissible under section 92 of the Evidence Act. His oral......ed in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ....... I for construction of the above mentioned cargo vessels. On 28th September 1980 a tripartite contract was made between appellant No.1, respondent No.1 and respondent No. 2. According to the terms of the contract as quoted below, appellant No.1 undertook to contract two vessels. The contra...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha &..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......ction 42 and that there is hardly any difference between a prayer to adjudge a document void or voidable and a prayer for declaration that the document is so. Keeping in view the language and terms in which the first part of each of these two sections has been expressed, namely, the part re...... Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965) 17 DLR (F-B) 119; Katia Pillai. AIR 1929 Mad 393; Petherp..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......ver considered adverse if it is referred to a lawful title. Similar view had been expressed much earlier by Lord Denman C.J. in Culley v. Doe Dem Taylerson. 11A & E 1008 (1840) in the following terms: "Generally speaking one tenant in common cannot maintain an ejectment......ivision (Civil) Present: F.K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......text it was held; “The Municipality was only the trustee of the Maharaja with regard to the land in suit”. Next it was found that the defendants raised some pucca structures in violation of the terms of the lease "their possession as adverse to the knowledge of the Municipality which as such...... (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......d to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action......ich a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against an..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......e the sentence under section 449/34, of the Penal Code No separate sentence under section 449/34 was passed. 10. Appellants moved this Court and obtained special leave to appeal in the following terms: “Mr. Abdul Malek, learned Advocate for the petitioners, has drawn our attention to ...... allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......ion who heard the aforesaid revision affirmed the judgment of District Judge, Noakhali. 3. Being aggrieved, defendant No. 1 moved this Court and obtained special leave to appeal on the following terms:— "Mr. M.H. Khandker, the learned Counsel, appearing for the defendant-petitioner cont......ia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the appellants had led to..Category: Property Law | Date: | Hits: 42
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......practicable to call a meeting in a manner in which such a meeting is ordinarily to be called………………..(18) The learned counsels of the parties having expressed their agreement on the terms placed before the Court with certain modifications of the orders passed by the learned Company......……………...Appellant Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court ..Category: Business or Commercial Law | Date: | Hits: 111
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......ement of sale-they could not, therefore, be compelled to execute and register the sale deed. 6. Being aggrieved appellant moved this Court and obtained special leave to appeal on the following terms:— "Mr. Mahmudul Islam, learned Advocate appearing on behalf of the petitioner subm......This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......of any returned candidate is void and that the petitioner or some other person has been duly elected; or (b) that the election as a whole is void." In this case, the appellant prayed in terms of Clause (a) and the Tribunal after trial made such orders, namely, that the election of the .......A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M Afzal J Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Paris..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265...... application taking the ground that two months' time as granted in its order dated 30 March, 1981 for the deposit had long expired and that the direction for making the deposit having been given in terms of a final order, it became functus officio and as such it was not within its Jurisdiction to ...... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J A. T. M. Afzal J Abdul Hadi Bepari ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of ..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......egal jurisdiction of the District Magistrate, there was no malafide in passing the said order". 5. Being aggrieved, appellant moved this Court and obtained special leave to appeal on the following terms: "Petitioner's Counsel Khondker Mahbubuddin Ahmed contended that the learned Judges of.............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The Printing Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ...... Judge while interfering at this stage had traveled beyond his jurisdiction in exercise of his powers under section 439A. 7. The points need investigation. Section 439A (1) is in the following terms:- "In the case of any proceeding the record of which has bee n called for by himself o......so Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......ct by virtue of a grant from the Crown, either express, or implied from long enjoyment; Wms. on Rights of Common, 228" (Elph. 581, which see); "an immunity or exemption from ordinary jurisdiction" (terms de la ley). See NON-USER. (2). "Franchise" and "Liberty" are used as synonymous terms; and ......DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......……………...Respondents Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void beca......dul Latif & another. ……………………………...Respondents Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreeme..Category: Tenancy Law | Date: | Hits: 65
16481647164616431642163816361634163316321631163016281626162316221621161916171616