Search Options
Judgment Advanced Search
Displaying 3861-3880 of 4129 results.
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
.... case although the transfer took place before the coming into force of Part V of the State Acquisition Act. It further held that the application for pre-emption was not bad for defect of parties since the added parties are mere proper parties and not necessary parties The tri......ure made it very clear that an order for sub-division of a holding can only be passed if notice is given to the parties concerned. 12. Now in the present case the respondent is definitely a party concerned in respect of the holding. Admittedly no notice was served on the pre-emptor when s..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
.... Criminal Procedure and obtained a Rule, being Criminal Revision No. 813 of 1968. 5 The High Court took the view that the order of the Magistrate was vitiated by reason of the following defects:— (1) that the total amount of maintenance awarded was in excess of the ...... to the effect that father did not bear their expenses. P.W. 4 knows the parties since long. He posed that since the second marriage of the respondent, the parties are living separately and the 2nd party (the respondent) did not give any maintenance to Begum Hamida and the children. There was no..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......tion 561 A, the High Court would not embark upon an inquiry as to whether the evidence in question is reliable or not. That is the function of the trial Magistrate and it would not be open to any party to invoke the High Court's inherent jurisdiction and contend that on a reasonable appreciati..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
.... against the accused. It is not enough that the charge sheet contains an allegation in the abstract. In the circumstances of a particular case the proceedings may have to be quashed for such a defect in the charge sheet. 9. Mr. Naziruddin Ahmad's contention however, sought to support......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......e defendants, by joint petitions prayed for its adjournment with a view to enabling them to file an application under section 34 of the Act and for that purpose to file the charter party agreement which, they averred, they had not then with them. On the 5th occasion, however, the..Category: Civil Law | Date: | Hits: 110
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......went to that mill with some wood for splitting; the accused‑respondents‑Ashraf Ali, Paltu and Liakat Ali wanted to take the barks of the wood for using them as fuel in their picnic party. Kafi did not agree, whereupon they tried to take away the barks by force but became unsucce..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......From the evidence on record, it can be very well said that the appellants were members of an unlawful assembly and in prosecution of the common object of that assembly to assault the complainant's party, offences like hurt, criminal trespass into the house of Sirajul Huq were committed. With reg..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ication did neither deprive nor take away any vested right of the respondent and only notified his inherent lack of eligibility to be deemed to be a citizen of Bangladesh there had been no procedural defect in issuance of the notification for not serving a prior show cause notice on the respondent, ......e-Islami of the then East Pakistan in 1969. He was a permanent resident in Bangladesh on March 25, 1971 and he continued to be so resident on 22 November 1971 when he went to Lahore for attending his party's Central Working Committee meeting. As the war broke out between India and Pakistan he wanted..Category: Immigration and Citizenship Law | Date: | Hits: 522
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......r notice as provided in section 17(1) (a) of the Employment of Labour (Standing Orders) Act, but unless the matter is pressed before the Labour Court, it may not consider the case of the second party in ex parte proceedings. It appears from the impugned order that in the absence of Second Pa..Category: Labour and Industrial Law | Date: | Hits: 103
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......being no provision in the Adalat Act for moving the High Court Division against an interlocutory order and no alternative forum having been provided for speedy, efficacious and complete relief to the party aggrieved, the writ petition could not be refused only for the reason that other avenues have ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......n the Official Gazette, appoint. 2. Definition of "dowry".‑In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party t..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......iction was set aside not giving any opportunity of hearing to the appellant but the power of review of the High Court Division under section 114 read with Order 47 rule 4 was not challenged by any party to the appeal. 11. In India different High Courts took different views as to whether s..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......r documents. Respondent failed to return the said Mill w the Bangalee, share‑holders. It was further alleged that the petitioner has apprehension that the Mill will be transferred to a third party at the instance of certain interested quarters. Accordingly, it prayed for a direction in the..Category: Constitutional Law | Date: | Hits: 157
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......d they have taken oath at the first available opportunity on the very first day appointed by the Deputy Commissioner, namely, on 15.4.92. The writ petitioner has not made the Deputy Commissioner a party to the writ petition and therefore the matter has been decided in the absence of a necessary ..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....nt No. 2 are still in actual possession." In paragraph 6 it is stated that: "The defendant No. 1 being fully aware of the defective sale and purchase is trying to sell the property to Surabala Dutta, wife of Suresh Ch. D......ters have nick names but he, however, says that he does not know if the plaintiffs have any other names". Then the trial Court considered the evidence and observed: "One party says that the plaintiffs are known as Usha, Rekha and Shika while the other party says that ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......between the parties which, in fact, did not exist before. In the case of Narsingh Prasad Paul Vs. Still Products Ltd. AIR (1953) (Cal) 15, it has been observed that awarding of costs against amending party does not necessarily avoid prejudice as the primary consideration in the amendment of written ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......r's failure to attend such a sitting. The enquiry committee will follow the ordinary rules of a committee meeting. Where a member fails to be present the committee may suo motu or on application by a party interested may adjourn its meeting or carry on its proceeding to its conclusion. Both the appe..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....lant Mustafa Khan PLD 1989 (SC) 26 and held following the above dicta that it does not take away the jurisdiction of the High Court from reviewing acts, actions or proceedings which suffered from defect of jurisdiction or were coram non judice or were malafide. 18. In this court also thi......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ator reduced the respondent's claim of Taka 24,51,570.00 to Taka 20,40,712.00 and thereon he allowed interest at the rate of 16%, from 1 July 1984 till realisation of the money. 3. The first party to the Arbitration Proceeding, namely these respondents (contractors) filed an application b..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......onal Deputy Commissioner, Barisal or before the Ministry when it took the decision to resume land on July 10, 1983, and (3) the Government illegally allowed a stranger, Tarini to act and operate as a party to the resumption proceeding between the lessor and the lessee. 6. The appellant's first c..Category: Property Law | Date: | Hits: 69
11821179117811771175117311721171116311591158115511531149114811471146114511401136