Search Options
Judgment Advanced Search
Displaying 4481-4500 of 4557 results.
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....he grounds of detention given are vague, indefinite, unspecified and lack in material particulars. The writ petitioner’s allegations, therefore, stand uncontroversial, making the detention illegal and unsustainable. 4. The High Court Division accepted the oral contention of the lear......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....l contain the “facts constituting the cause of action and when it arose”. The cause of action for the suit ordinarily ‘thus, means the cause which leads the plaintiffs to bring a legal action. The incidence of cause of action must be, antecedent to the bringing of the suit at a......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....Shah vs. Yusuf Shah, 16 DLR (SC) 477 where Kaikaus, J. observed at page 483 as under: “As to whether a transaction is voidable or void there is a simple criterion: did the transaction create any legal effects, that is, did the transaction transfer, create or terminate or otherwise affect any ri...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....™s service for two years as the Head master of Hammadia High School, situated within thana Kotwali, District Dhaka, with effect from 1.9.95, to have been made without lawful authority and to be of no legal effect and directing further the respondents of the writ petition to allow the writ-petition, ...... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
.... issue or issues of fact necessary for the disposal of the appeal, which has not been determined by the lower appellate Court, or which has been wrongly determined, by such court by reason of illegality omission error defect such as is referred to in sub-section 1 of section 100. The functio......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
....nd January 12, 1986, contained in Annexures-M and J respectively to the writ petition, so far as those relate to the writ petitioners (now the respondents), without any lawful authority and are of no legal effect.
2. The relevant facts, in brief, are, Rani Dino Moni Multilateral High School, esta...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....asons given in the aforesaid judgments of the Supreme Court of India strengthen the basis of such a decree. There is no good reason to depart from the settled procedure. 13. In view of this legal position we find no substance in the contention of the petitioners. This petition is,...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....he submission of Mr. Rafique-ul Huq is that the word “Mamla” in section 5 (1) of the Act-does not only mean ‘suit’ as under the Code of Civil Procedure but also includes all legal proceedings in a court of law including that under article 27 of President’s Order No. ......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
..... 5. The trial Court, on consideration of the facts and circumstance of the case and the evidence on record came to the conclusion that the right, tide and interest in the suit property had legally devolved upon the plaintiff as the legal heiress of the deceased Md. Ismail and that she wa......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....on-reading of evidence. He further argues that the lower appellate Court failed to appreciate the evidence in its true perspective. He therefore contends that the High Court Division committed no illegality in reversing the decision and sending back the case for fresh disposal. 12. The su...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
.... principal relief and is absolutely necessary for preservation of the subject matter of the dispute pending adjudication by the High Court Division. Mr. Ahmed has been fair enough to submit that no legal right has accrued to the petitioner merely because he has come out to be the highest bidder.......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 ..Category: Constitutional Law | Date: | Hits: 149
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....gstanding practice in the High Court Division 60 day’s limitation, provided under Article 155 of the First Schedule to the Limitation Act for appeal, is being followed for revision. But there is no legal bar to entertain in the interest of justice such revisional application even after the aforesa......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....in suitable instalments, that such a stage comes after the delivery of judgment as provided in section 15 and that the impugned order of the Family Court dated 21-3-92 and 19-4-92 suffered from no legal infirmity resulting in an error in the decision occasioning failure of justice. 5. This a...... 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 ..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....artial Law and final revival of the Constitution on 10 November 1986. The appellant’s cause of action against that order never abated unlike his writ petition. 11. Abatement of legal proceeding, inter alia, means in English Law where actions are brought to an end without any ......d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... No. 157 of 1995) praying for a declaratory decree that the letter dated 15-4-95 issued by the Ministry of Commerce dissolving Executive Committee of Pabna Chamber Commerce and Industry is illegal, void and of in legal effect. The application for temporary injunction was also filed thereun......ry injunction against defendant No. 2 for restraining him from altering the membership list and from making any new member of the Organisation and the trial Court passed an order maintaining status quo in that respect until further order. On 25-6-95 the Court heard both the petition. On 27..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....“Section 3 (28) “Local Authority” “Local authority” shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal......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 ..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....he learned Sessions Judge without holding a fresh trial convicted and sentenced the respondents on the basis of the evidence recorded in the Special Martial Law Court his judgment and order were illegal and without jurisdiction. The learned Judges of the High Court Division upheld the said conte......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....tmental proceeding against him under the Government Servants (Discipline and Appeal) Rules, 1976 on 14-3-78 and issued show cause notice to which he replied denying the charges. On 25-9-78 he was illegally removed from his service. He filed an appeal against the said order to the Ministry of Fin...... Auditor General retained till authority to remove the respondent from service in spite of the post of Assistant Accounts Officer being redesignated as Audit and Accounts Officer (without change of status) and latter was upgraded to Class I non-cadre post. (2) In terms of the provisions of Schedu..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ng in Article 102(1) and (2)(a) of the Constitution should be liberated from the traditional and restrictive meaning so far attributed to it in the sense that to get a hearing the person must bring a legal and personal cause only, I should think it will be too late in the day to try and give an answ...... 11. A group of environmental lawyers possessed of pertinent, bonafide and well-recognised attributes and purposes in the area of environment and having a provable, sincere, dedicated and established status is asking for a judicial review of certain activities under a flood action plan undertaken wi..Category: Constitutional Law | Date: | Hits: 450
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....e 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 court to make them parties in the legal proceeding, when the right to sue survives. From the date of acceptance of the appellants&rsq......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. ..Category: Property Law | Date: | Hits: 88
531530529528527526525524523522519518516513512510508507505504