Search Options
Judgment Advanced Search
Displaying 3921-3940 of 3960 results.
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. ......spite of the scathing criticism of the cited judgment by HM Seervai in his Constitutional Law of India Edition, 4th Edition, pp. 1668-1677, the Supreme Court of India has persistently followed this principle and the latest such examples are contained in the cases of State of West Bengal and othe...... where denial of interim relief will lead to public mischief, grave irretrievable private injury or shake a citizen’s faith in the impartiality of public administration. But short of these paramount considerations, interim order should not be made when it causes administrative burdensome i..Category: Criminal Law | Date: | Hits: 119
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ...... informant party was carrying on or was about to carry on an assault of such nature. Carriage of weapons by the two sides, established by evidence, saddle the accused persons with disproportionate amount of armed preparation. In the absence of any evidence that the informant party was carrying o..Category: Criminal Law | Date: | Hits: 96
Mahbubul Alam Vs. State, 1997, 26 CLC (AD)
....ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......nd the shadow of reasonable doubt. In that view of the matter, the judgment calls for no interference. 4. It may be mentioned here that the learned Single Judge wrongly held that it is a settled principle that for the same offence an accused cannot be punished under the Penal Code and Act II of......tioner under sections 409, 420,271 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced him to suffer rigorous imprisonment for one year on each account along with fine of various amounts, in default to suffer imprisonment for three months more. The sentences of substantive impri..Category: Anti-Corruption Laws | Date: | Hits: 81
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. ......1) in his deposition that on 14-8-86 the notice was served upon the defendant by registered post, the learned SCC Judge found that the notice had been duly served upon the defendant. Referring to the principles of law laid down by this Division in the case of Abdus Satter vs. Suresh Das 32 DLR (AD) ......ii)Two months rent having admittedly been sent together the respondent is to be presumed a defaulter in law. (iii) the tenant having inducted one Anwar Hossain in a portion of the suit premises which amounts to sub-letting he is entitled to the benefit of protection under section 19 of the Premises ..Category: Tenancy Law | Date: | Hits: 93
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......…………………..(14 & 15) The Penal Code, 1860 (XLV of 1860), section 109 (ii) The appellant Airport Manager is an abettor. An abettor in principle ought not to be awarded a higher punishment than that meted out to the principal offender......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ..Category: Criminal Law | Date: | Hits: 130
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. ...... and/or metering unit within the consumer premises for electricity use. In this case, the location for installing such circuit breaker panel and/or metering devices with accessories, shall be, in principle, selected by agreement between the consumer and the Board at the shortest possible dis......s exhibited number of documents including two survey reports produced by both the sides and upon consideration of the oral and documentary evidence decreed the suit of the appellant in full for an amount of Taka 2,35,17.569.00 being the price of 4231 master cartons of damaged shrimps and prawns ..Category: Business or Commercial Law | Date: | Hits: 147
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......eration, any prima facie findings or observations made in the interlocutory orders. 8. Khandker Mahbubuddin Ahmed submits next that the plaintiff-respondent having claimed a certain amount as monetary compensation in the suit the Courts below committed an error of law in passing a..Category: Intellectual Property Law | Date: | Hits: 242
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. ......t denying the material allegations. Defendant No. 1’s case is that, no notice of attornment was served upon him either by the plaintiff or by her mother, rather her mother continued to withdraw the amount of rent which he deposited in the court of Rent Controller. He further claims that in l973 Ri..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......Tax Collector Nurur Rahman Khan (co-accused) by putting his signatures on the back of the receipts Ext. 3, series but deposited with the Bank Taka 40,654,61 paisa only and misappropriated the balance amount of Taka 3,053.42 paisa and thereby committed the offence hereinabove. 3. It is contended ..Category: Criminal Law | Date: | Hits: 95
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiff’s application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ......as justified in holding that the revision was incompetent. 8. Mr. Akram Hossain Amin, learned Advocate-on-Record for the appellant, submits that the High Court Division has misconceived the very principle of law relating to the amendment of the plaint. 9. Order VI rule 17 CPC provides that......determining the real question in controversy. The proposed amendments for recovery of possession in a suit for declaration of title will end all pending controversies between the parties and will not amount to change in the nature and character of the suit…………….(9) Lawyers Involved: ..Category: Property Law | Date: | Hits: 83
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. ......’s licence. Mr Wahhab next submits that the facts of the case reported in 1996 BLD (AD) 110 being distinguishable from the instant one, the learned Judges misdirected themselves in relying upon the principles of law enunciated therein. 7. It appears that even after curtailment of Amjadhat Union......tion 4 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 ..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. ......port dated the 9th August, 1875, of Lieutenant Gordan, Assistant Commissioner, Chittagong Hill Tracts that fitness and age rather than priority of descent regulate succession to the Bohmongship. This principle was followed in the Government of Bengal’s letter No.280, dated 21 January 1876 in which......or collection of revenue from Headmen and therefore his influence over the Raj family may be a factor which the Government may take into consideration, although he does not submit that this is the paramount consideration. The bone of contention between the parties is now centered round the inter..Category: Civil Law | Date: | Hits: 203
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......n respondent No. 1. 5. Appearing in support of the appeal the learned Additional Attorney-General submitted that respondent No. 1 was found guilty of charges of corruption, insubordination, etc. amounting to misconduct spreading over a number of years at different stations where he was posted. ..Category: Administrative Law | Date: | Hits: 145
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......om the said judgment. 16. Leave was obtained by the appellants (in CA Nos. 56-58 of 1995) raising various grounds but the main ground seemed to be that the impugned judgment was flawed on a basic principle that the High Court Division did not at all consider the ‘welfare’ of the minor childr......ment, contentions were raised, bitter at times, as to the unacceptability of the contending parents seeking custody of the children. There was, however, agreement on one point that nothing is more paramount, not even the rights of the parties under the rules of personal law or statutory provisions, ..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......ered into a contract with the plaintiff for sale of the same to him in October 1970 at a consideration of Taka 10,000.00. Defendant Nos. 1-2 executed a bainapatra on 15-11-70 on receipt of an advance amount of Taka 8,000.00 with a promise to execute the deed of sale within 6 months after procuring n..Category: Property Law | Date: | Hits: 86
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. ......tion with a commission, the President shall consult a commission with respect to- (a) matters relating to qualifications for, and methods of recruitment to, the service of the Republic; (b) the principles to be followed in making appointments to that service and promotions and transfers from o......Commission but cannot dispense with the requirement of consultation altogether in respect of any service of the Republic including the posts of Deputy Secretary, Joint Secretary and above, which will amount to making a subordinate legislation varying and changing the provision of the Constitution it..Category: Constitutional Law | Date: | Hits: 185
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. ...... learned council entering caveat for respondent No. 4 submitted the High Court Division correctly decided both the points, that of service of notice and grounds for attachment, upon following correct principles of law. 11. We are inclined to agree with Mr. Ahmed. As far as service of notice is ......nter alia, that the cheque issued by the respondent was dishonored and they failed to make payment of the dues, that respondent Nos. 1 and 2 were trying to close their business without paying the due amount of the plaintiff, that respondent Nos. 1-3 had done construction work in various organisation..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
.... filed through respondent No. 1 for declaration of her title in Money and the Senpara Parbata Land; that the said suit was decreed in 1986; that after the decree she withdrew Taka 11,00,000.00 in two installments from Agrani Bank for the FDR for Taka 7,00,000.00; that out of this amount she deposite......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......para Parbata Land; that the said suit was decreed in 1986; that after the decree she withdrew Taka 11,00,000.00 in two installments from Agrani Bank for the FDR for Taka 7,00,000.00; that out of this amount she deposited Taka 2,00,000.00 with that Agrani Bank in the name of her two minor daughters; ..Category: Others | Date: | Hits: 105
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....rt of the month of Falgoon, 1384 BS. There was an oral agreement between the plaintiffs and defendant No. 1 settling the price at Taka 10,000.00 towards which the plaintiff paid Taka 8,001.00 in four installments within the same month. Defendant No. 1 made over possession to the plaintiffs of the cu......ical examination of the same. The High Court Division noticed this and set aside the appellate decision in view of the patent infirmity of reasonings of the appellate Court and in view of the settled principle of law that a judgment of reversal should advert to the findings and reasonings of the tri......h. Defendant No. 1 made over possession to the plaintiffs of the cultivable portion of the homestead. The defendant, however, refused to execute and register the kabala deed on receipt of the balance amount within Aswin, 1385 BS as stipulated in the oral agreement. 3. Defendant No. 1 denies the ..Category: Property Law | Date: | Hits: 88
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 ......rdingly the plaintiff supplied those items to defendant Nos.2 and 3 who acknowledged receipt of the same issuing a certificate on 18-11-1996, Plaintiff sent his bill to defendant No.4 for those items amounting to US $ 4,289.67. Defendant No.2 requested the plaintiff for supply of food (provisions) a..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
475473472467464461455454452451449447441438437434430428425389