Search Options
Judgment Advanced Search
Displaying 2441-2460 of 3960 results.
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......view of the fact, I am led to hold that after making full payment of cheque amount the compromise made between the parties by executing an agreement appears to be satisfactory and consistent with the principle of modern delivery system of justice popularly known as Alternative Dispute Resolution (AD...... the accused-appellant Feroj Uddin Ahmed had business transaction with the complainant-respondent consequently Tk. 7,49,832/- fell due to the accused-appellant. The accused gave three cheques for the amount of Tk. 2,58,000/-, Tk. 2,91,832/- and Tk. 2,00,000/- in total Tk. 7,49,832/- on different dat..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......he element due process which requires a law to be reasonable. Thus if the aforesaid rule is unreasonably harsh, it will be void on account of it being unreasonable and harsh. 13. It is a cardinal principle of interpretation that when two interpretations are possible, the interpretation has to be...... Sheikh Hassan Arif, learned Advocate for the petitioners submits that when the disputed proviso to Bidhi 5(4) was not there, a deed of sale was valued on the value as mentioned in the decree and the amount mentioned in the decree used to be the amount mentioned in the contract for enforcement of wh..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ...... this is a clear case of discrimination, since all the employees are not entitled to this loan but it is only a special privilege for the senior executives of the Bank who are so entitled to the huge amount of interest free car loan and on top of it they will enjoy monthly maintenance costs from the..Category: Banking Law | Date: | Hits: 205
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......with the explanation and even then without condoning the delay allowed the application on flimsy ground." and (c) "As observed above, the suit was instituted in January, 1992 for recovery of huge amount of money and for years together, the defendants were afforded sufficient opportunity to con..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......of the suit property was fixed at Tk.50,000/- and upon receiving Tk. 41,000/- the defendant No. 2 executed a bainanama on 26.7.1985 in favour of the defendant No.1 and subsequently, on receiving rest amount of Tk. 9,000/- defendant No.1 executed the kabala deed on 18.3.86; that on the date of execut..Category: Property Law | Date: | Hits: 39
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......us through the writ petition, affidavit-in-opposition and reply and various annexures, firstly argued that the application filed by the respondent No. 2 before the Waqf Administrator is barred by the principle of res judicata inasmuch as the respondent No. 1 earlier rejected similar applications fil......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......out of consideration of Tk. 45,000/- and delivered possession thereof to the petitioner. The plaintiff after taking delivery of possession of the land improved the same by spending a considerable amount of money. Dhirendra died on 6.6.1983 before execution and registration of the kabala. After h..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......the court-fees payable would be on the value of the articles on the date of presentation of the plaint. 7. In the third case it was held that a suit to recover ornament pledged on payment of the amount due was not a suit to redeem a mortgage falling under section 7(ix) of the Court Fees Act b..Category: Civil Law | Date: | Hits: 159
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......etitioner or that he was not allowed to cross-examine Mr. Md. Yeasin. In that view of the matter we do not think that the enquiry before the enquiry officer was vitiated by any failure to observe the principles of natural justice. 8. Mr. Abdur Rab Chowdhury, however, has made out a point that in ......o Wages Department for payment in violation of Government guidelines contained in Bangladesh Textile Mills Corporation Circular No.SEC/39/93/Admn/145 dated 13.10.79 and No.78 dated 13.11.81. An amount of Tk. 4,38,039.76 was paid for the purpose in a most irregular manner on the basis of the li..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ...... Division of the Supreme Court of Bangladesh for U.S. # 5,80,000.00 equivalent to Taka 1,91,40,000.00 against the principal defendants on the allegations that it suffered loss to the tune of the said amount in furnishing salvage security and a general average guarantee for the said amount for salv..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......arishad but acting Chairman is not so elected. This is the important feature which distinguishes status of the Chairman from that of acting Chairman and it is in keeping with the spirit of democratic principle. So the Chairman and acting Chairman cannot stand on equal footing. Rule 8 of notificat......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......tance of rent in lump would be an evidence of a contract between the parties waiving the receipt to receive rent within 15 days following month for which the rent has become due and even if it does amount to a contract whether sub-section (5) of section 18 of the Premises Rent Control Ordinance co..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......ed further that the courts below quoted the evidence of the O.P.W.1, pre-emptee without discussing the evidence of P.W.1 (preemptor), his witnesses has allowed the pre-emption beyond the scope of the principle of law and thereby, committed error of law which is an error in the decision occasioning f......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......able in this case." 12. And we are of the view that the High Court Division has considered the case correctly and in accordance with law. We are further of the view that the case is also barred by principle of waiver, acquiescence and estoppel. Even if the gift deed is considered as invalid, sinc......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ..Category: Trust/Waqf Law | Date: | Hits: 194
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......te to the proposition of law that a decree for specific performance of a contract is essentially a matter of discretion for the Court but this discretion must be exercised according to sound judicial principles and not arbitrarily. It is equally settled that a contract duly entered into by the contr......property on receiving the balance of the consideration. The plaintiff repeatedly requested defendant No.1 to execute and register the promised sale deed on receipt of the balance of the consideration amounting to Taka 10,000 but the defendant deferred the deal on some plea or the other and eventuall..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......ive since we are in seisin of a quasi criminal matter where requirement of law is that the allegations must be proved to the hilt and a contemner is entitled to get the benefit of doubt. Keeping that principle in mind we would like to dispose of the matter on the basis of admitted facts. Therefore, ......rder on 30th of July, 2001 in chamber which was ultimately extended from time to time and taking advantage of that stay order, the final result of election was published on 6-8-2001 which clearly tantamount to contempt of court. The learned Advocate further submits that they have also published some..Category: Civil Law | Date: | Hits: 70
....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......plied by the State in the making of laws and (c) guide to the interpretation of the Constitution and of the other laws, and (d) shall form the basis of the work of the State and of its citizens. Such principles shall not be judicially enforceable for obvious reasons since the State has not yet reach......recommendation of the Chief Justice in appointing the Judges is a breach of constitutional law which had adverse impact on the independence of the judiciary. This non-observance of the recommendation amounts to breach of the basic feature of the Constitution as it hampers the independence of judicia..
Category: Constitutional Law | Date: | Hits: 252
Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ...... issuing any show cause notice upon him is offending to Clause (2) of Article 135 of the Constitution; that the impugned judgment and order is illegal, without lawful authority and violative of the principle of natural justice. The learned Advocate-on-Record further submitted that the High Court D......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ..Category: Civil Law | Date: | Hits: 111
....he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
......f the original allottee.
7. The High Court Division found that the appellants have come to the Court exercising writ of certiorari seeking equitable relief but with unclean hand. Following the principle that one who seeks equity must come with the clean hands. The appellants sought equitable ......he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
..
Category: Property Law | Date: | Hits: 41
....s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819.......by a common judgment) disposing of the writ petition directing Artha Rin Adalat No.3 Dhaka to dispose of Money Execution Case No.51 of 1992 filed by the decree-holder after deduction of the decreetal amount payable to the decree-holder Bank from the decreetal amount payable by the decree-holder Bank..
Category: Civil Law | Date: | Hits: 75
43654364436343604359435643544353435143494346434543444343433743364326432343214320