Search Options
Judgment Advanced Search
Displaying 3761-3780 of 3812 results.
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......inhabitant of Nabadwip, West Bengal He exchanged his properties of Nabadwip with those of Judhistir at Kushtia. Ibrahim registered a deed in favour of Judhistir and in exchange Judhistir executed a power of attorney in favour of his son Dhirendra for execution of necessary deeds at Kushtia. Ibrah......2; paisa share in the Suit property stating, inter alia, that 15 acres of land with structures thereon in plot No. 2379 of khatian No. 286 (old) khatian No. 409 (new). Mouza Kalishankarpur belonged to one Judhistir Chandra Nath who settled the same with Asia Khatun, the plaintiffs’ mother,......” and as such the suit was sent back on remand to the court of appeal below for disposal in accordance with law and in the light of the observations made in the judgment. 7. Leave was granted to consider the defendant- appellants’ submission that the High Court Division comple..Category: Property Law | Date: | Hits: 77
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
....foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ......foresaid principles and not on any legal right before any order of restraint is passed. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 66 ........Petitioner Vs. Bangladesh represented by the Secretary Ministry of Forest and Environment & others ............Respondents Judgment January 21st, 1997 Case Referred to- Food Corpn. of India vs. Kamdhenu Cattle Feed Industries, AIR 1993 SC 1601. ...... learned Counsel for the petitioner, submits that the petitioner having a prima facie case for issuance of Rule Nisi and the High Court Division having, in fact, issued the Rule it was wrong not to grant interim injunction as prayed for inasmuch as the interim relief prayed for is ancillary to a..Category: Constitutional Law | Date: | Hits: 149
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......h Court Division in Civil Revision No. 1366 of 1992). Judgment: ATM Afzal CJ: The main question raised for decision in this plaintiffs appeal by leave is whether a family court has power under sub-section (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. ...... BB Roy Choudhury J Resima Sultana……………….Plaintiff-Appellant Vs. Khaez Ahmed Mojumder.......Defendant Respondent Judgment October 31st, 1996 Lawyers Involved: Md. Ozair Farooq, Advocate-on-Record......Court. On the prayer of the appellant, however, the stay of the execution case was vacated whereupon the appellant prayed for an order of stay in the pending revision case. The High Court Division granted a limited stay on condition of payment of Taka 50,000.00 by order dated 27-2-92. The respo..Category: Family Law | Date: | Hits: 144
Kamrul Hasan Vs. Bangladesh and others, 1997, 26 CLC (AD)
....having already been decided by this Division, the petition does not merit consideration and accordingly, it is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 44 ...... Misc. Appeal before the Administrative Appellate Tribunal which has been dismissed by the impugned judgment and order upon holding, inter alia, that the Administrative Tribunal Act 1980 does not empower them to grant any interim relief as has been sought for. 3. Mr. Awlad Ali, the ......rs Involved: Md. Awlad Ali Senior Advocate, instructed Md. Sajjadul Huq, Advocate-on Record—For the Petitioner. Respondents—Not represented. Civil Petition for Leave to Appeal No. 509 of 1995. Judgment: Md. Abdur Ro......before the Administrative Appellate Tribunal which has been dismissed by the impugned judgment and order upon holding, inter alia, that the Administrative Tribunal Act 1980 does not empower them to grant any interim relief as has been sought for. 3. Mr. Awlad Ali, the learned Advoca..Category: Administrative Law | Date: | Hits: 149
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......h one or more Boards in respect of such area or areas as may be specified in the notification establishing such Board. Under section 18 of the Ordinance the Board has been vested, inter alia, with power to grant recognition or to withhold or withdraw recognition from intermediate colleges and sc......llip;……...Appellant Vs. Mofizur Rahman and others ………….Respondent Judgment March 5th, 1996 Cases Referred to- Vaish Degree College vs. Lakshmi Narain AIR 1976 (SC) 888; Panchkaxi Halder vs. Puma ......man of the Union Parishad without any lawful authority was enough. Such a declaration having actually been made the order as above was neither proper nor called for. 6. Leave was granted to consider the submission that the decision, 14 BLD (HCD) 488, holding that the secondary ..Category: Others | Date: | Hits: 85
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....nstitution or law. The Court will have to decide in each case, particularly when objection is taken, not only the extent of sufficiency of interest but also the fitness of the person for invoking the discretionary jurisdiction under Article 102 of the Constitution, Ordinarily, it is the affected par......ing upto the continental shelf: Per Mustafa Kamal J delivering The Full Court Judgment. (31) Article 102 Powers of High Court Division to issue certain orders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea......Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 25, 1996. Result: The appellant is given locus standi to maintain the writ petition. The Constitution of Bangladesh, 1972, Article 8 Absolute trust ......cause Allah’s creations and environment are in mortal danger of extinction and degradation. He then refers to Article 102(4) of the Constitution which provides that the High Court Division will not grant an interim order until it is satisfied, upon hearing the Attorney-General, that the interim or..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ......ring pendency of the said Miscellaneous Case, the sole plaintiff-petitioner died on 18-4-85. The appellants on 28-4-85 as the heirs of the said deceased plaintiff filed an application with a fresh power, seeking permission to proceed with the said Miscellaneous Case as the heirs of the said plai...... Judgment January 26, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the c......n the aforementioned Miscellaneous Case, was not an application for substitution but one of seeking permission to conduct the Miscellaneous Case by tiling a fresh power. 3. Leave was granted to consider the following submissions: that by allowing the petitioners to prosecute the mi..Category: Property Law | Date: | Hits: 88
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ...... The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son and a widowed daughter of the plaintiff cannot be said to be a requirement of anyone else other than the plaintiffs because they are very much within the ......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......t of Settlement in respect of the suit property. From the order sheet it appears that the suit was filed on 2-6-86 and on the next day i.e. 3-6-86 defendant No.3 DIT (now RAJUK) appeared by filing power and the present defendant-appellants filed the written statement before 20-9-86 taking specif...... The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any court of law whenever it is obtained by practising fraud upon......pplication before the presiding Judge, there is no basis for holding the plaintiff guilty of committing fraud upon the Court to manage the ex parte decree in question. 11. Leave was granted to consider the following submissions made on behalf of the defendant-appellants: (i..Category: Property Law | Date: | Hits: 76
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......ons of the learned Advocate for the appellant: (1) Article 21 of the Bangladesh Krishi Bank Order, 1973 having authorised an officer of the rank of Manager or above with all the powers exercisable by the Certificate Officer under the Public Demands Recovery Act, 1913, briefly......emands Recovery Act, 1913 (III of 1913), Section 10A The Constitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of appeal, review and revision as contained i......covery Act violates the principle of natural justice and it offends Articles 27 and 31 of the Constitution. The learned Judges, without striking down section 10A of the Public Demands Recovery Act granted relief to the writ petitioner. 5. Leave was granted to consider the following submis..Category: Business or Commercial Law | Date: | Hits: 150
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... respondent’s case because of the aforesaid bar and rightly so, because the Tribunals being created under ordinary statute could not afford to ignore the mandate of the Constitution. But the power of judicial review of the High Court Division under Article 102 is a power derived from the C...... for non-communication of the same on the affected person can be decided by the Administrative Tribunal and for this exercise judicial review was not necessary. Indeed the matter being one relating to the terms and conditions of service, the jurisdiction of the High Court Division is excluded. Th......espondent to join his service and to give him all back salaries with seniority, increments, promotion with all attending benefits to which he is entitled within 60 days. 7. Leave was granted mainly to consider the submission of the appellants that the dismissal of the respondent be..Category: Administrative Law | Date: | Hits: 125
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......proper authority for transferring the acquired land as per law. The proposal of the plaintiffs ought to have been accepted by the Government of Bangladesh. The Railway Administration had no lawful power or authority whatsoever to enter into such contract. The learned Subordinate Judge further ob......, Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with respect to the same as this will plainly offend section 23 of the Contract Act………&hell......y the impugned judgment and decree passed in the First Appeal taken by the plaintiff-respondents, set aside those of the learned Subordinate Judge and decreed the suit. 7. Leave was granted to consider (i) whether the High Court Division erred in not holding that Rule 135 of the L..Category: Administrative Law | Date: | Hits: 130
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......visions of section 43(2). Even if there be any defect in the preparation and publication of the compensation assessment-roll by itself shall not stand in the way of vesting non-retainable property to the Government………(9) Cases Referred to- Province of Ea......e rejected the prayer by his order dated 26 December 1989. He further directed the district authority to take steps for leasing out the fishery as the Upazilla Nirbahi Officer had no authority to grant lease in respect of such a large fishery. 4. Since the petitioner did not get any rel..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....gment July 23, 1997. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The exercise of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remedy is available, discretionary power is not to be exercise................................. Respondents Judgment July 23, 1997. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The exercise of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remed......08), Section 115 The exercise of the revisional power under section 115 of the Civil Procedure Code is a discretionary one. Where alternative remedy is available, discretionary power is not to be exercised…..(3) Lawyers Involved: SK Afzalur Rahman, Advocate, instr......cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ..Category: Procedural Law | Date: | Hits: 109
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......nue-earning office of the Government, the Commissioner of Customs, challenging the interim order passed in Writ Petition No.4254 of 1997 on 7-7-97, and questioning the basis and foundation of this power, inviting the Courts to open their eyes on the provisions of Article 102(4) of the Constituti...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. ...... Mustafa Kamal J.- An interim order on an application under clause (1) or sub-clause (a) of clause (2) of Article 102 of the Constitution by the High Court Division was so long prayed for and granted as a matter of course until this appeal by leave by a revenue-earning office of the Governm..Category: Criminal Law | Date: | Hits: 119
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......wdhury obtained thumb impressions of Sabirul Hossain Chowdhury in the disputed two heba-bil-ewaz deeds on 4-10-80 dishonestly and fraudulently when Sabirul Hossain Chowdhury was deprived of the power of knowing the contents of the disputed deeds by practicing deception upon him.” ......60 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant by reason of unsoundness of mind or intoxication or by reason of deception practiced upon him did not know the contents of the document a......ion which, we find, is clearly not sufficient to sustain the conviction. Now that the petitioner has been discharged, we do not like to prolong the matter and add to the number of pending cases by granting leave to appeal in a case where the conviction is found to be unsustainable for lack of re..Category: Criminal Law | Date: | Hits: 92
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ...... Supreme Court Appellate Division (Civil) Present: Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Cantonment Board Dhaka and another ……………...Petitioners Vs.......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......trol Ordinance (XX of 1963) Section 18 The notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The r......nt for the month of March, 1986 but the plaintiff demanded the rent at the rate of Taka 800.00. Subsequently, the plaintiff received Taka 500.00 from the defendant as rent for March, 1986 but did not grant him any receipt. As a result and on the advice of the salishder, the defendant on May 3, 1986 ..Category: Tenancy Law | Date: | Hits: 93
Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.
....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ......not giving an opportunity of hearing to the writ petitioners. Again, the Controller of Imports and Exports had acted merely under the direction of the Government without independent exercise of his power in accordance with Articles 6, 8 and 9 of the Importers, Exporters and Indentors (Registrati......th, 1997 Lawyers Involved: Mohammadullah, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner (In CP No. 606 of 1997). B Hossain, Deputy Attorney-General instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 117
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......pondents Judgment December 11, 1997. The Insurance Act (IV of 1938), Section 47B The Code of Civil Procedure, 1908 (V of 1908), Section 34 The failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement num......he failure of power supply in the freezing plant is in fact failure of public power supply as per endorsement number 903 of DOS Policy, consequently causing damage of huge quantity of shrimp kept stored in the freezing plants which the respondents are liable to compensate. Restoration of the pow......in the cooling plants is no restoration in the eye of law. The plaintiff appellant is entitled to the statutory interest under section 47B of the Insurance Act 1938 and the High Court Division not granting the same met a mistake. Thus, judgment of the trial court granting the relief be restored...Category: Business or Commercial Law | Date: | Hits: 147
520519516511510505504502501497485484479478475474471467466461