Search Options
Judgment Advanced Search
Displaying 3781-3800 of 3812 results.
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ...... evidence. In the present case important material evidence had been ignored. The learned Single Judge has correctly noticed that the lower appellate Court misread the evidence on record and failed to take note of the aforesaid material evidence in arriving at its findings of facts. Hence there i......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......thout any valid reason may operate as forfeiture of tenancy and in such a case notice under section 106 of the Transfer of Property Act may be dispensed with. ……………….(6) Case Referred to- Muhammad Islam Khan vs. Cantonment Board, 1982 Supreme Court Monthly Review 1956. Lawyer......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..Category: Tenancy Law | Date: | Hits: 78
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......hana Nirbahi Officer, the District Registrar and the Deputy Commissioner, Feni, a separate nikah registration area, comprising of said Ainjadhat Union was created by the Government in exercise of its powers under section 4 of the Act and, as such, the curtailment of said Anjadhat Union area from the...... The Muslim Marriage and Divorces (Registration) Rules, 1975, Rule 10 (2) Appointment of a new Nikah registrar on curtailment of one union from the jurisdiction of the petitioner does not amount to revocation of his licence for that union but is manifestly an order of curtailment of the Nikah R......se (c) to sub-rule (1) of Rule 10 of the Rules. Section 4 of the Act runs as follows: “4. Nikah Registrars.—For the purpose of Registration of marriages under this Act, the Government shall grant licenses to such number of persons, to be called Nikah Registrars, as it may deem necessary fo..Category: Employment/Service Law | Date: | Hits: 137
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......g the tradition, custom and usage which govern such selection. If so made judiciary will not intervene. If extraneous considerations have influenced the executive decision the court has certainly the power to declare the selection to have been made without lawful authority, all the more so, because ...... The selection of Bohmang Chief is no doubt an executive selection and judiciary will not substitute its own selection in place of executive selection because it is not the function of the judiciary to select a Bohmang Chief. The selection will have to be made by the executive only. The court will ......ucceed to the Bohmong Chiefship, petitioner can not claim to succeed to the Chiefship as the eldest male member of the ruling family unless he is also found fit by the Government.” 9. Leave was granted to consider the appellant’s submission that succession to the office of the Chief of Bohmo..Category: Civil Law | Date: | Hits: 203
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......on Garments Industries and others …………………………..............Petitioners Vs. Janata Bank, Foreign Exchange Corporate Branch and others …….Respondents Judgment October 20, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of......he petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Or. XI r.1 Interrogatories may be delivered only with the leave of the Court and it is in the discretion of the Court to grant or not to grant leave…………………..(2) Lawyers Involved: Md. Abdus Sobhan, Ad..Category: Civil Law | Date: | Hits: 137
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......he said order on the ground that the Managing Committee of the School is the proper authority to reinstate respondent No. 2 and respondent No. 1 had no authority to direct the exercise of magisterial power to reinstate respondent No. 2. 4. Respondent No. 2 contended that in pursuance of the imp......outside of the framework of the statute but since it was not exercised in perpetration of an illegality but in establishing the legal right of respondent no. 2, the Appellate Division is not inclined to interfere…………….(7) Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instr......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....y or in an unlawful manner. He further argued that since a proper Court, namely, the Family Court, was in seisin of the matter of guardianship, the High Court Division ought not to have exercised its discretionary jurisdiction and foreclosed the said proceeding. 31. It appears that the High Court......It may be argued, as the appellant’s Counsel did, that the welfare of the child would be best served if his custody is given to a person who is entitled to such custody. Nevertheless, court’s power to determine the entitlement of a party to the Hizanat is not limited to mere observance of ......lil and others………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she doe......te, who appeared for the mother respondent, also appellant (in CA No.59 of 1995), also criticized the impugned judgment but supported the decision so far it was in favour of the mother, So, leave was granted in all the petitions. 19. At the hearing of the appeal, apart from the legality of the i..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......be treated as guideline and it was not an executive action in terms of Article 55 (4) of the Constitution and in the absence of any guideline (for promotion) the authorities are vested with arbitrary powers, offending Articles 27 and 29 (1) of the Constitution……(53 & 54) The Constitution......…Respondents (In Civil Appeal Nos. 14, 15 & 16 of 1995) Shafiuddin Ahmed and 2 others ……………………………………………………..Petitioner (In Civil Petitions for Leave to Appeal Nos. 187, 206 & 207 of 1995) Vs. Bangladesh, represented by the Secretary, Mini......rt Division while making the Rules Nisi absolute in Writ Petition Nos. 2738 of 1992 and 3193 of 1992 and allowing the application in Writ Petition No. 813 of 1993 by judgment and order dated 16-11-94 granted leave to the respondent-appealants under Article 103(2)(a) of the Constitution “as the cas..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ment March 20, 1997. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 102 The High Court Division vacated the order of stay granted earlier and refused to grant stay any further, the matter relating to dispute between suspended Chairman and the acting ............. Respondents Judgment March 20, 1997. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 102 The High Court Division vacated the order of stay granted earlier and refused to grant stay any further, the matter relating to dispute between suspen..Category: Others | Date: | Hits: 112
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......dant-Respondents Judgment May 25, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a p......ure, 1908 (V of 1908) Order XXXVIII rules 5-10 The main consideration is that the power of attachment of property before judgment being an extraordinary power of interfering with a party’s right to use and enjoy its own property before any decree is passed, the Court should be very circumspect ......aration by the Court as to service under rule 19, but, strangely enough, defendant Nos. 1-4 did appear, as the order sheet shows (Page 214), on 1-1-96 (attachment order was made on 27-11-95) and were granted time to file objection against the application for attachment. It is possible that the defen..Category: Procedural Law | Date: | Hits: 134
Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)
....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......ssue any Rule on a Division Bench matter but, subject to his satisfaction that the matter is urgent, merely stays the operation of the impugned order till re-opening of the Court. He submits that the power of the Single Vacation Judge is confined to the entertainment of fresh matters on which a Divi......r. Pecuniary and other jurisdictions dividing the jurisdiction of single and division benches during the non-vacation period is obliterated during the vacation. The Single Vacation Judge is the repository of all manners of jurisdiction that the High Court Division enjoys, provided the matter is urge.......4000 of 1996). Judgment Mustafa Kamal J.- In both these two appeals by leave a common question of first impression and of considerable public importance is involved. Leave has been commonly granted to consider the question whether a Single Judge of the High Court Division sitting as a vaca..Category: Procedural Law | Date: | Hits: 138
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......ution adopted by the Parishad in its meeting on 14 purporting to authorise the Director General to take all actions in respect of all employees of Academy under the Rules of 1985. This delegation of power was said to have been made by the Parishad in exercise of its power under section 19 of the Ba......n (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another ……………......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. The Customs Act, 1969 (IV of 1969), sections 64, 66 & 67 Provisions of sections 64,......ce. Accordingly, I am of the opinion that the plaintiff is not entitled to a decree as prayed.’ 5. Aggrieved by the impugned judgment plaintiff sought leave to appeal and leave was granted to consider the following submissions: “That the petitioner having proved to have..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......o the original date of filing of the election, because such averments ‘are practically in the nature of filing a fresh election petition on new allegations. The Election Tribunal surely has the power to allow the parties to amend their pleadings if it deems it fair and proper but it has no pow......d the amendments can not be struck down. ……………………(11) (ii) The High Court Division should not entertain writ petitions against interlocutory orders passed by the Election Tribunal in the interest of speedy disposal of election petitio...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Shahid Miah Vs. State, 2000, 30 CLC (AD)
.... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ......r.P.C. in rejecting the application. He further submits that upon such misconstruction the learned judges were wrong in not dispensing personal appearance of the accused in exercise of their inherent power for the reason there being no provision for such dispensation in the Code. Where in a criminal......riminal Procedure, 1908 (V of 1898), Section 561A Where criminal proceeding has been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of process of court” and need be quashed “for ends of justice” d...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......tion of Bangladesh, 1972, Article 109 The Code of Civil Procedure, 1908 (V of 1908), Section 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Article 109 of the Constitution is not available……..(7) Case Referred to- ......ection 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Article 109 of the Constitution is not available……..(7) Case Referred to- Sultana Jute Mills Limited and others Vs. Agrani Bank and others, 14 BLD (AD) 196 = 46 D......t revision lies is not entertainable. There are various decisions from Indian jurisdiction where it has been held that for fundamental basic principle of justice and fair play or where a patent or flagrant error in the procedure of law has crept in or where the order was passed resulting in manifest..Category: Business or Commercial Law | Date: | Hits: 148
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......; The State......Petitioner Vs. Nurul Islam……………….Respondent Judgment 13 May 2002 Lawyers Involved: Abdur Razzak Khan, Additional Attorney General instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner N......ch non-consideration of material evidence is an illegality resulting in miscarriage of justice. 10. The points raised merit consideration. 11. Leave is accordingly granted upon condonation of delay. The Petitioner is permitted to prepare the paper book out of cour..Category: Criminal Law | Date: | Hits: 106
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ...... Court Division erred in discharging the Rule and the further submission that in fixing premium for long term lease and granting such lease to the appellants, Government was exercising sovereign power of the State and as such no action could have been taken in derogation of the rights of the al...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Agrabad Hotel Ltd. & another..............Appellants Vs. Revenue Deputy Collector, Cox's Bazar & others...........Respondents Judgment 28th November 2004&n......by filing affidavit-in-opposition denying the material allegations made in the writ petition and contended, inter alia, that as the construction work was not completed within two years the lease granted by the lease deed dated 19.06.1986 was cancelled, that the appellant No. 1 did not depo..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......nguish their right in the suit land. 17. The High Court Division, however, proceeded to consider the evidence of the parties afresh holding that 'since I am disposing of the appeal invoking the power under section 103 C.P.C Let me discuss the evidence of the witnesses adduced by the parties." ...... Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 100 (repealed) Section 100 of the Code of Civil Procedure does not authorise the High Court Division to disturb finding of fact of the Court of appeal below, the final Court of fact, arrived at on appr......low, against which the defendants preferred Second Appeal No.279 of 1973 and the appeal was allowed on 27.11.1984 against which the present appeal arose by way of a leave to appeal. 4. Leave was granted to consider the submission made by Moulvi Md. Wahidullah that both the trial Court and the l..Category: Procedural Law | Date: | Hits: 112
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any order passed by the executive, the said Division Bench erred in making observat......ion was filed impugning the order of the respondent No. 1 herein issued under the signature of the respondent No. 1 herein issued under the signature of the respondent No.2 asking the respondent No.3 to manage the business of the Waqf Estate of Hazrat Khaza Kalu Shah Mazar Waqf Estate, Sitakundu, Ch......discharged the Rule with the finding "We therefore, come to the conclusion that this writ petition is per se not maintainable as being improper and frivolous." 9. Leave was granted to consider the submission that the writ petition having not been posted in the cause list f..Category: Property Law | Date: | Hits: 57
457454449447446443438434433430423420389388386385380375371364