Search Options
Judgment Advanced Search
Displaying 2961-2980 of 3806 results.
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....en settled that particular provisions may be regarded as directory merely; by which is meant that they are to be considered as giving directions which ought to be followed, but not as so limiting the power in respect to which the directions are given that it cannot be effectually exercised without o......Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents Judgment August 20, 2008. Result: The petition for leave to appeal is dismissed. Cases Referred to- Mozammel Hoque Vs. The State and another, 3 BLD 1......urpose of enabling something to be done and prescribes the formalities which are to attend its performance, those prescribed formalities which are essential to the validity of the thing when done are called imperative (or mandatory); but those which are not essential, and may be disregarded without ......of the proceeding. With the above findings and observations this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 5 ; 61 DLR (AD) (2009) 10. ..Category: Civil Law | Date: | Hits: 125
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....nch in Civil Order No. 2345 of 2005 expressed the view that by 3rd amendment of the Code of Civil Procedure (Act No. 40 of 2003) the learned District Judge under section 115(2) of the Code has been empowered to entertain revisional application against the order passed by the Joint District Judge fro......………Petitioner Vs. A.H.M. Khurshed Ali & Ors……………………………Respondents Judgment April 10, 2008. Lawyers Involved: Hassan Faiz Siddique, Additional Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represente......nce let us reproduce below Sub Sections (1) and (2) of Section 115 of the Code of Civil Procedure:- "115. Revision.- (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has been passed by a Co......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ..Category: Limitation Law | Date: | Hits: 171
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
....shortly the Act) came into force on 31.01.2001 and on the very date of commencement of the Act, a Commission known as the Bangladesh Telecommunication Regulatory Commission was established and all powers, functions and authorities that were being exercised by the Post and Telecommunication Minis......y, Government of Bangladesh & Others…………………. Petitioners (In Civil Petition No. 767 of 2005) The Bangladesh Telecommunication Regulatory Commission Represented by its Chairman…………………....... in the light of the action of the BTRC i.e. allocation of frequency & granting permission for importing machinery, he made huge investment. This assertion of the writ petitioner was not specifically denied by the contesting writ Respondents. The petitioner's prayer for reconsideration of ch...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ..Category: Information Technology Law | Date: | Hits: 321
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
....t No. 2 is the owner of a business firm MS Salmon Trading who opened Current A/C No.100874 with the petitioner Bank. The said account was operated by respondent No. 1 AB Siddiq (Ludu) under a power of attorney (Letter of Mandate) on behalf of respondent No. 2. 4. In 1988 respondent N......former Al-Baraka Bank Bangladesh Ltd..........Petitioner Vs. A B Siddiq (Ludu)................Respondents Judgment November 4, 2007. Cases Referred to- Secretary Ministry of Works vs. Hasner Jahan Ahad 6 BLC (AD) 111; Chittagong Engineering......come to the High Court Division with clean hands have rightly found the writ petition as not maintainable. 15. This finding of the High Court Division does not suffer from any infirmity calling for interference by this Division. In such view of the matter we find no merit in t...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..Category: Business or Commercial Law | Date: | Hits: 122
Abdur Rakib (Md) (Shahin) Vs. Shertaj Khatun and another, 2008, 37 CLC (AD)
.... 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: 13 BLC (AD) (2008) 137. ...... June 16, 2008. Lawyers Involved: Md. Abu Siddique, Advocate-on-Record—for the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 1280 of 2007. (From the judgment and order dated 8-2-2007 passed by the High C......f 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 Re...... 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: 13 BLC (AD) (2008) 137. ..Category: Family Law | Date: | Hits: 155
Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)
.... 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: 13 BLC (AD) (2008) 131. ......Khan Saifur Rahman, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—for Respondent No. 1. Not represented—Respondent Nos. 2-40. Civil Petition for Leave to Appeal No. 63 of 2007. (From the judgment and order dated 24-8-2006 passed by the High Co......Nos. 7-8 they could not be successful and the defendant Nos. 31 and 32 also failed to obtain municipal plan in their favour and the defendant No. 9 also did not put them into possession and the so called solenama between the plaintiff and the defendant Nos. 31-32/42-44 is false and the defendant...... 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: 13 BLC (AD) (2008) 131. ..Category: Property Law | Date: | Hits: 26
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
....d manage the property or occupy the property at the time of transfer in 1979. The finding so made by the Court of Settlement being the finding of fact, the High Court Division while exercising its power of certiorari, the said Division in the absence of mis-reading or non-consideration of the ma...... Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 880 of 2003. (From the Judgment and Order dated March 16,2003 passed by the Hi...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....000 only to the company and as additional security against the above loan the respondent No. 8, the full sister of the petitioner, apart from mortgaging her property in favour of the bank also gave power to the bank to sell the same and the company repaid a sum of Taka 20,00,000 only and failed t......d. Abdul Matin J AQM Shah Alam Chowdhury..........................Petitioner Vs. Bangladesh and ors.......................................Respondents Judgment October 29, 2007. Cases Referred to- Gazi M Towfic vs. Agrani Bank 54 DLR (AD) 6; Zahi...... Court Division, on due consideration of the materials on record and the law involved, discharged the Rule. The learned Counsel for the petitioner could also not point out any infirmity of any kind calling for interference by this Division. Accordingly, the petition is dismissed. ......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....h in Civil Order No. 2345 of 2005 expressed the view that by 3rd amendment of the Code of Civil Procedure (Act No. 40 of 2003) the learned District Judge under section 115(2) of the Code has been empowered to entertain revisional application against the order passed by the Joint District Judge f......ner Vs. AHM Khurshed Ali and others...............................Respondents Judgment April 10, 2008. Lawyers Involved: Hassan Faiz Siddique, Additional Attorney-General instructed by Zainul Abedin, Advocate-on-Record— For the Petitioner. No......oduce below sub-sections 1 and 2 of section 115 of the Code of Civil Procedure: "115. Revision. — (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has been passed by a C...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
....ubmitted that the subject sold the suit land with recital that she has already sought the deity, from the suit land and vacated the suit possession. The learned Counsel argued that the exercise of power under Rule 29 Order 21 of the Code of Civil Procedure is essentially a discretionary Power wh......bur Rahman, Advocate-on-Record-For the Petitioners. T. H. Khan, Senior Advocate, instructed by A.K.M Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 992 of 2006. (From the judgment and order dated 25.06.2006 passed by the High ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..Category: Civil Law | Date: | Hits: 100
Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 222. ......Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 1127 of 2005. (From the judgment and order dated 17.7.2005 of the High Court D......d a Government servant challenging his order of transfer is not maintainable. We are of the view that there is no illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Repor......or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 222. ..Category: Employment/Service Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....was opposed by the Government contending, inter alia, that the Government issued an order authorizing the Director General of the Bureau of Anti-Corruption to exercise the power under section 4(1) of the Act and as such the action i.e. serving of notice by the Depu......'s Republic of Bangladesh and others……….Petitioners Vs. Shahadat Hossain…………………Respondent Judgment October 20, 2005. Lawyers Involved: Bodruddoza, Deputy Attorney General, instructed by......of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ......of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ..Category: Criminal Law | Date: | Hits: 29
Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 2005, 34 CLC (AD)
....delay is not convincing and satisfactory. Accordingly the application for restoration is rejected being barred. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 181. ......hidul Huq, Advocate-on-Record- For the Petitioner. Ozair Farooq, Senior Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 108 of 1993. Judgment &n......delay is not convincing and satisfactory. Accordingly the application for restoration is rejected being barred. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 181. ......g condonation of delay it has been stated that before March 16, 2002 they had no knowledge about the dismissal of the petition for leave to appeal. It has been stated that in the Inter Ministerial meeting of the Ministry of Jute and the Ministry of Commerce the Respondent disclosed about the dis..Category: Procedural Law | Date: | Hits: 71
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ...... Joint District Judge and Artha Rin Adalat & another………………………………..Respondents Judgment October 01, 2007. Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbu...... may be regarded as a case of non-consideration of Ext. Ga. We are of the view that the judgment and order of the High Court Division do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Re......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ..Category: Civil Law | Date: | Hits: 91
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ...... Md. Jahangir, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1422 of 2006 (From the Judgment and order dated 14.12.2005 passed by the High C......sition stating, inter alia, that the authority after receiving no-confidence proposal of 10 Members of the said Union Parishad appointed Upazila Education officer, Katiadi as authorized officer who called special meeting of the said Union Parishad and asked the petitioner to be present in the spe......an of No.10 Jalalpur Union Parishad under Kotiadi Police Station, District-Kishoreganj having been elected on 04.02.2003 and he had been discharging his duty honestly and sincerely, on 31.07.2004 a meeting was held in No.10 Jalalpur Union Parishad in the absence of the petitioner. One Md. Asaduz..Category: Others | Date: | Hits: 91
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....le to be recalled or discharged. 10. The provision as regards the consultation contemplated under Article 116 of the Constitution is as under: Article 116. The control (including the power of posting, promotion and grant of leave) and discipline of persons employed in the judicial ...... Rahman 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2). Lawyers Involved: A.J. Mohammad Ali, Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Saifur Rez...... declared to have been made without lawful authority inasmuch as there is no mention in the order itself that the Supreme Court was consulted before issuing the order. 3. The rule was issued calling upon the writ-respondent Nos. 1-5 to show cause as to why the Government Servant (Discipli...... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ..Category: Employment/Service Law | Date: | Hits: 62
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ...... Judgment July 23, 2005. Lawyers Involved: Golam Mohiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Fida M. Kamal, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-4. ......-2004 and passed an order for another direction from the superior Court by the order dated 28-02-2005 passed by, Druta Bichar Case No.22 of 2004, although the Druta Bichar Tribunal is competent to call for records from the Court of learned Magistrate, Brahmanbaria. Thereafter, the complainant re......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....as not authorized to serve the same since Gazette Notification was produced by filing supplementary affidavit showing that the officer who signed the eviction notice was authorized to exercise the power of a Magistrate as per the provision of Ordinance No. 24 of 1970. The crux of the matter is w......e Petitioners. Osman Gani, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-Respondent Nos. 7-13. Civil Petition For leave to Appeal No. 263 of 2004 (From the judgment dated July 8, 2003 of the High Court Division i......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ..Category: Property Law | Date: | Hits: 22
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....inistrative order for the purpose of maintaining up-to-date record of right. Therefore, the enquiry report lacks finality and authoritativeness of a Court as the Revenue Officers do not possess the power to decide the right, title and interest of the parties. In the light of aforesaid view taken ......eferred To- 53 DLR (HCD) 19; 55 DLR (AD) 125. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal No. 106 of 2004 (From the judgment and order dated 23.02.2004 passed by the High Court ......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ..Category: Anti-Corruption Laws | Date: | Hits: 88
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... and circumstances of the case. 5. The High Court Division upon hearing the parties found that the order of detention has been made without application of mind and upon colorable exercise of power and that there is no nexus between the grounds and the purpose of the detention made the Rule......l……………………………Respondent Judgment November 28, 2005. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners. ...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ......equent to his arrest he will face legal consequence in the said case. Delivering of speeches, making of political statements, criticizing the Government and its activities and attending political meetings of the opposition political parties do not come within the mischief of prejudicial act ..Category: Criminal Law | Date: | Hits: 109
27622758275627522749274827462745274427432742273627352732273127282725272427232719