Search Options
Judgment Advanced Search
Displaying 481-500 of 2091 results.
MA Razzaque Vs. Bangladesh Election Commission, 1990, 19 CLC (HCD)
....ll be disqualified for election as for being a chairman of Upazila Parishad, if he is a party to a contract for work to be done for, or goods to be supplied to the Parishad concerned or has otherwise any pecuniary interest in its affair, or is a dealer in essential commodities appointed by the Gover...... of Jamalpur to show cause as to why impugned order dated 20.2.90 (Annexure‑C) passed by respondent No.3 Appellate Authority, District Jamalpur should not be declared to have been made without lawful authority and why respondent No.3 should not be directed to accept the nomination paper of th..Category: Election Law | Date: 5 Apr, 1990 | Hits: 110
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... defendant and on expiry of 12 years from 1984, Gul Mohammad became owner of the suit property by adverse possession before 1962. The plaintiff's auction purchase was a nullity. He did not obtain any title as Subhashini's title was already extinguished in favour of Gul Mohammad. Nor did he o......The plaintiff is in possession of the schedule property on payment of rents etc. since then. The plaintiff alleges that defendant No. 1 is a trespasser and he had or has no right, title, interest and lawful possession of the land and houses in suit, Fabricating some rent-receipts and putting a ficti..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
.... used in the relevant disqualification clause the petitioner cannot be said to be a defaulter of the loan. Thus, rejection of his nomination paper is absolutely illegal and same has been done without any lawful authority and the same is of no legal effect. 4. The disqualification clause runs as......d in the relevant disqualification clause the petitioner cannot be said to be a defaulter of the loan. Thus, rejection of his nomination paper is absolutely illegal and same has been done without any lawful authority and the same is of no legal effect. 4. The disqualification clause runs as fol..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Monindra Kumar Malaker Vs. State, 1989, 18 CLC (HCD)
.... Ultimately the case was sent to the Special Tribunal for trial as an offence under section 4(b) of Ordinance No.LX of 1983 as triable under the Special Powers Act. 6. The prosecution examined as many as 10 witnesses, while the defence examined none. But its case, as it appears from the cross-exa......as follows:— "361. Whoever takes or entices any minor under fourteen years of age if a male, or under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind without the consent of such guardian, is sai..Category: Women and Children | Date: 16 Aug, 1989 | Hits: 153
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....p;……………….(9) The horoscope of the detenu speaks that she was born on 29th of Agrahayan, 1379BS. But the said horoscope was made on a plain paper without any signature of its maker. Moreover, it is a private document which may be created at any time for ...... follows: ‑ "361. Whoever takes or entices any minor under fourteen years of age if a male under sixteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is sa..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Ziaul Hoque Vs. Election Commission, 1990, 19 CLC (HCD)
.....Respondents Judgment May 30, 1990. Result: The Rule is discharged. Delimitation of the area of the upazillas in question can not affect the petitioner who is not resident of any of the villages taken away by the Government by an impugned notification. The residents of the v......shy;gar Upazila in election held on 16.3.90 in pursuance of Gazette Notification issued by respondent No.1 as contained in Annexure‑B dated 1.3.90 is not declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner was a candidate in the el..Category: Election Law | Date: 14 Jun, 1989 | Hits: 98
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....for setting aside the said ex parte decree which was allowed on contest on 30.12.72. Thereafter it was found that the said Misc. Case No.77/72 was filed without depositing the cost or submitting any security as per provision of section 17(1) of SCC Act Hence the plaintiff challenged the validit......has no legal effect or force and does not bind the plaintiff as the Summary Military Court exercises its power illegally and without jurisdiction and malafide with colourable use of power and without lawful authority and that in paragraph 21 (b) it should be added that the prayer for a decree for ev..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Ananda and others Vs. State, 1989, 18 CLC (HCD)
.... testimony of the victim girl who was herself declared hostile by the prosecution while she tried to protect another accused who is acquitted subsequently and the said witnesses having not narrated any facts implicating the accused in the act of knowledge or abduction initially and having not im......acy, or with the aid which constitutes the abetment. Section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance speaks of penalty for kidnapping or abduction of a woman of any age for an unlawful or immoral purpose with intent that such a woman may be compelled, or knowing it to be likely..Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
........................Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgment March 13, 1989. Result: The appeal is allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335;......ial Court acted wrongly in law and fact in framing an issue of adverse possession suo motu and decreeing the suit on that basis alone. The learned Advocate lastly contends that the plaintiff having lawfully gone into possession by virtue of a contract for sale is entitled under law to retain his p..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....Act, 1929 (as amended in 1984) and it was submitted that her alleged conversion to Islam is illegal, unlawful and ab initio void that she being a Hindu minor is not legally competent in law to give any consent to any marriage with a Muslim boy and as such she should be released in the custody of h...... made to the Majority Act, 1875 the Guardians and Wards Act, 1890 and Child Marriage Restraint Act, 1929 (as amended in 1984) and it was submitted that her alleged conversion to Islam is illegal, unlawful and ab initio void that she being a Hindu minor is not legally competent in law to give any c..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... got no substance. Under the provisions of section 176 of the Contract Act, 1872 as well as under the terms of the transactions the defendants entered into with the Bank, the latter is free to follow any of the ways legally available to it for realisation of its dues. The Court will refrain from mak......tled to a common law lien on the van in respect of the repairs which he effected and he is entitled to assert that lien against the bailor because the bailor gave the bailee authority to give lawful possession of the van to the artificer for the purpose of effecting such repairs as were ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....conclusion becomes obvious that the order of detention was passed for collateral purposes for which it has no sanction in law. The detention is illegal and the detenu is being held in custody without any lawful authority…………………(19 & 20) Case......r long eight months. It is the detention which is to be considered and not the order of detention, inasmuch as, the constitutional obligation is to see; 'that is not being held in custody without lawful authority or in unlawful manner." Malafide vitiates everything. The conclusion becomes o..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....basis of a report dated 20.03.85 of the V.P. Tahsilder. Respondent No.2 called for a report on 10.01.85 in Misc. Appeal no.15 of 1984-85 but respondent No.4 with an ulterior motive and without making any report and also without complying with the stay order passed in the Misc. Appeal hurriedly start......ral submitted that the said compromise decree having been obtained by fraud and collusion could not be legally recognised and that the right of Hrishikesh Roy subsisted and as such it was rightly and lawfully listed as enemy property and was consequently declared as a vested property. So the lease g..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....t it was leased out to them before expiry of the previous lease and hence void and the said fishery was settled with the Basirpur Fishermen's Co-operative Society Ltd. By way of extension without any notice to the petitioner. The petitioner thereafter filed a Writ petition being Writ petition No......ng Writ petition No.19 of 1982 praying for a declaration that the cancellation of the lease of the petitioner and extending the lease of Basirpur Fishermen's Co-operative Society Ltd. was without lawful authority. The Court after hearing the parties vide judgment dated 08.03.1982 made the Rule a..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....76 when he died. The learned Counsel submitted that it is a case of hardship on the defendant whereas its non-performance would involve no such hardship on the plaintiff. The plaintiff has not done any substantial act or surfer any loss in consequence of the contract. Hardship is to be judged in......he Court as to whether the specific performance should be granted. Section 22 of the Specific Relief Act gives two circumstances when the Court is not bound to grant such relief merely became it is lawful to do so. The learned Counsel submitted that in two circumstances the Court may properly ex..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....ding the detenu to police custody for 5 days. The learned Chief Metropolitan Magistrate allowed the detenu to be remanded to police custody for 3 days by his order dated 23-10-84. Failing to make out any specific case the District Magistrate Chittagong at the instance of the police arbitrarily ...... Sd/ 27.2.85. Sr. Scale Section Officer." 4. The said order was served on the detenu on 28.2.85. This order was served on the detenu on 28.2.85. The detenu was thus detained unlawfully from 23.2.85 to 27.2.85 without any order of detention whatsoever and the detaining authori..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Bazlur Rahman Vs. Jan Mohammad, 1984, 13 CLC (HCD)
....ave no title or possession in schedules Ga and Gha lands and also that the defendants did not dispute the plaintiffs' claim of title and possession regarding schedules Ka and Kha nor claimed any title therein. He also found that there was cause of action for the claim of injunction and that......y;claration of title and for injunction. There can also be no objection as to the maintainability of the suit only for an injunction. Where the allegations of the plaintiffs are that they are in lawful possession of the property and such possession is threatened to be interfered with by the def..Category: Property Law | Date: 24 Jul, 1984 | Hits: 2
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....mons. With the said fining the learned Munsif decreed the suit in favour of the plaintiffs. 4. On appeal the learned Additional District Judge held that though the service return did not contain any affidavit of the serving peon that is no an absolute requirement of law and that the so-called i......ere shown to have been served under Order 5 Rule 19 of the Code of Civil Procedure was not put in by the serving peon nor the serving peon was examined by the Court and as such there was no lawful service of summons. With the said fining the learned Munsif decreed the suit in favour of the..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Prof. M. A. Raquib & others Vs. Prof. Zillur Rahman & others, 1983, 12 CLC (HCD)
....a suit before a Munsif praying for a declaration that such order of an ad-hoc appointment of an Assistant Professor in the Law Faculty of Rajshahi University was passed by the Vice-Chancellor without any lawful authority and consequently prayed for perpetual injunction permanently restraining t......it before a Munsif praying for a declaration that such order of an ad-hoc appointment of an Assistant Professor in the Law Faculty of Rajshahi University was passed by the Vice-Chancellor without any lawful authority and consequently prayed for perpetual injunction permanently restraining the V..Category: Administrative Law, Civil Law | Date: 12 Dec, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
.... of decree is entertainable and disposable by the court which passed the decree or made the order by well as by the successor court-But if an application for review of judgment or an order is made on any other grounds, then that application shall he made only to the judge who passed the decree or ma......y. He held that in the absence of recording of such satisfaction the Martial Law Order No. 40 of 1982 is a barrier which the Court cannot and must not ignore. He held that the successor Court has the lawful authority to review the order passed by his predecessor under Order 47 rule 1 C.P.C..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
50071737504374185035500574197365728172751863169685077609166091499075928990769388