Search Options
Judgment Advanced Search
Displaying 5761-5780 of 8156 results.
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......r furnishing security bond) even when the defect was pointed out by the respondent. In the circumstances, the learned Single Judge of the High Court Division has rightly refused to interfere with the order of the trial court rejecting the application under Order IX, rule 13 C.P.C ………………â......o costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......le from those of the case of Benode Bepari Saha vs. Nitya Gopal Shaha, 33 DLR (AD) 131 in which this Appellate Division observed that in appropriate cases the Court got power to allow time to a petitioner to deposit the decretal amount or to furnish necessary bond beyond the period of limitation. ..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ...... Md. Haroon……………………….Respondent Judgment December 4, 1984. Result: The Appeal is allowed. Acquittal The state moves the Appellate Division against an acquittal order passed by the High Court Division Principle that guides the Appellate Division in such a ma......spondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......The trial court considered the evideÂnce of the 11 P.Ws. and the learned Sessions judge considered the evidence of P.Ws 2, 3, 4 and 6 had proved the prosecution erase. Prosecution case was that only one single thrust of dagger was given on the chest of Shamsul Anwar and the evidence of P.W.8 suppor..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....ed the proceeding under section 87 of the B.T. Act. But it should be noted that the Collector got hardly anything to do in the matter except causing a notice under section 87 to be "published in the prescribed manner". The landlords' right to enter upon the holding under sect......d Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-9. Civil Appeal No. 78 of 1983. (From the judgment and order dated 1-6-82 passed by the High Court Division Dhaka in Second Appeal No.9 of 1968.) J...... Case is also Reported in: 37 DLR (AD) (1985) 164. ......bsp; March 24, 1985. The Bengal Tenancy Act, 1885 (Act No. VIII of 1885), section 87 The landlord is entitled to treat the land in possession of the tenant as abandoned when the tenant failed to pay rent thereof. By serving a notice under section 87 of the Benga..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......tioned validity for a public purpose and section 44 barring the jurisdiction of a Civil Court comes into play, there is no hesitation in saying that the High Court Division had correctly restored the order of the trial court. The petition is therefore dismissed……….(8) Order obtained on 31-1......ners Vs. Bangladesh and others………Respondents (In Civil Petition No. 310 of 1984) Judgment November 20, 1984. Result: The petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the......LR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgÂment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......udgment of the Appellate Division dated July 13, 1982 passed in Civil Appeal Nos. 03-65 of 1982.) Judgment Fazle Munim CJ. — In Criminal MiscelÂlaneous petition No. 8 of 1982 the followÂing order was passed by this Court on February 6, 1983. ''Let a notice be issued upon the parties to ......ain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......t Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md Mohsen Ali J Mahbubur Rahman Sikder and others...............Petitioners Vs. Mujibur Rahman Sikder and others...................Respondents Judgment Apri..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......llants. M. Moazzem Hossain, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 48 of 1983. (From the judgment and order dated 20 January 1983 passed by the High Court Division, Jessore Bench in Criminal Appeal No.......ion that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ourt Division, Jessore Bench, maintaining the Additional Sessions Judge's order convicting the appellants in Sessions Case No. 159 of 1979 Patuakhali. Facts of the case relate to the murder of one Abdur Rahim Farazi, father of P.W.1 Ismail Farazi of village Choto Char Kazal on the night fol..Category: Criminal Law | Date: | Hits: 63
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......(6) 84 S.G R. No. 3 of 1984 pending in the Court of Upazila Magistrate, should not be withdrawn and transferred the same to Drug Court at Dhaka for trial and disposal and pass such other or further order or orders as may be seem fit and proper. Facts are as follows:—On 22.6.84 the S......ia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......Division (Criminal) Present: FKMA Munim CJ Badrul Hider Chowdhury J Shahabuddin Ahmed J Kalipada Saha…………..……Petitioner Vs. The State..................Respondent Judgment ..Category: Criminal Law | Date: | Hits: 59
Planters (BanglaÂdesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......;For the Appellant. Rafiqul Huq, Senior Advocate instructed by Abu Backkar, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 2 of 1984. (From the judgment and order dated 20.3.83 passed by the High Court Division, Dhaka in appeal No.11 of 1967. Judgme......he amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ...... Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such liability burdens the defendant to the agreed amount of money. In the manner aforesaid if defendant no. 2 committed fraud on the defendant Company, actions..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......pondent No. 3 had no licence and as such had no locus standi to participate in the tender as per terms of the tender. The learned Subordinate Judge granted temporary injunction by his judgment and order dated 30 August 1984. According to the tender notice sealed tenders were invited from the ag......ellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases Tender If a tender is accepted in violation of a stipulated condition set down in the tender form, Court’s protection may be...... for supply of fuel oil and lubricant. Appellant also filed an application for temporary injunction. The case of the appellant as stated in the plaint is that her tender was the lowest one in respect of tender notice No.131/RHD/Divn.III/83-84 and No.132/RHD/Divn.III/83-84 dated 11.6...Category: Others | Date: | Hits: 84
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......Division of the Supreme Court held that there has been a failure of justice due to son-framing of charge under section 304 of the Penal Code and in the circumstances of the case, it was too late to order a re-trial of the accused. In the result, the order of conviction and sentence under section ......of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......the Penal Code. In such circumstance, it was the duty of the appellate Court to send back the case on remand for a re-trial of the case on framing on appropriate charge against him, but it was not done. The Appellate Division of the Supreme Court held that there has been a failure of justi..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....en passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. NE (C)-2, Road No. 71, Gulshan Model Town, Dhaka in the list of abandoned property published in the Bangladesh Gazette on September 23, 1986 to be illegal and is of no legal effect an...... Rokanuddin Mahmud, Senior Advocate, instructed by Fakrul Islam, Advocate-on-Record-For Respondent No. 1. Ex-Parte-Respondent Nos. 2-5. Civil Appeal No.127 of 1998. (From the Judgment and order dated 31st August, 1997 passed by the High Court Division in Writ Petition No. 41 of 1993). ....... 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......989 to have been passed without lawful authority and is of no legal effect and further declaring the enlistment of the holding No. NE (C)-2, Road No. 71, Gulshan Model Town, Dhaka in the list of abandoned property published in the Bangladesh Gazette on September 23, 1986 to be illegal and is of no l..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......nt Md. Ruhul Amin CJ.- These certified appeals arise from the judgment and order dated December 11, 1994 of a Division Bench of the High Court Division in Writ Petition No. 1......f the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... terms "The respondent Nos. 3-5 are required to attend the Parliament. They are directed to attend the Parliament and if the Parliament is not in Session, as and when the Sessions is summoned by the President and within 3 days from commencement of such Sessions subject to the condition..Category: Constitutional Law | Date: | Hits: 147
M/s. House BuildÂing Finance CorÂporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......The income-tax department has got nothing to stand in the way of the assessed if they want to change their method of accounting from mercantile system to cash system". 9. Against this order of the Tribunal the appellant preferred Reference Application Nos.12 to 16 of J977 before the......asis and in such manner as the Income-tax Officer may determine." ......wdhury ATM Masud J Syed Md. Mohsen Ali J M/s. House Building Finance Corporation………………Appellant all cases. Vs. Commissioner of Income Tax, Dhaka North Zone, Dhaka……………Respondent all c..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......ppellant. Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advocate-on-Record—For the Respondent. Criminal Appeal No. 18 of 1984. (From the judgment and order dated 20.11.83 passed by the High Court Division, Chittagong Bench, in Criminal Revision No. ......Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ......Police Ordinance, of disturbing public peace and order or of obstructing passers-by in the street. 2. Accused respondent Abul Kashem and nine others were drinking and shouting in the hut of one of them at about 8.30 P.M. The police arrested them in that condition and submitted a report al..Category: Criminal Law | Date: | Hits: 39
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......ants. M. Moazzem Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No.1 of 1984. (From the judgment and order dated 24.5.83 passed by the High Court Divison, Jessore Bench, in Death Reference Case No. 2 ...... sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......body was found lying on the road, at a distance of 500 yards from his house. As no sign of injury was detected by the relatives of the deceased they suspected that the death caused was an unnatural one and a case being unnatural Death Case No.113 dated 5.9.77 was started by the Police. Thereafte..Category: Criminal Law | Date: | Hits: 52
Bangladesh Vs. Abul Kaiser ChowÂdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......, Advocate-on-Record—For the Respondent No.1. Ex-parte—For the Respondent Nos. 2(ka) to 2(Tha) & 3 to 4. Civil Appeal No. 52 of 1983. (From the juggernauts and order dated 13.12.82 passed by the High Court Division in Second Appeal No. 66 of 1978.) Jud......lip;……………..Respondents Judgment November 13, 1984. The Code of Civil Procedure, 1908 (Act V of 1908); Order 23 rule 3 When a respondent in an appeal dies and one of his legal representative is already on record in another capacit...... (Civil) Present: Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J People's Republic of Bangladesh, represented by the Dy. Commissioner, Faridpur.... Appellant. Vs. Abul Kaiser Chowdhury and others. &hell..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......ection 1 of section 3 acquiring any of his interest, and if the Revenue Officer, after making such enquiries as may be necessary, is satisfied about the truth of the declaration, he shall make an order declaring the transfer of only such quantity of land as do not exceed the permissible ten ......This Case is also Reported in: 37 DLR (AD) 71. ......ny Vs. Irving (1905) AC 369; M/S Haider Automobile Ltd. vs. Pakistan and Province of West Pakistan v. Manzoor Quader (1970) 22 DLR (SC) 65, 1969 PLD SC 623; Syedur Rahman V. Chief Election Commissioner, 17 DLR SC 23; Delhi Cloth & General Mills Company vs. Income-tax Commissioner, AIR 1927 P..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......, the relief now claimed by way of amendment of the plaint can be granted on payment of necessary additional Court fees even without praying for such amendment, since the Court itself can, in order to give effect to the declaration prayed for in the suit, order the cancellation of the docu...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das ......nstead of the power of Attorney. The deed thus obtained by practicing fraud upon the plaintiffs cast cloud upon their title and hence the plaintiffs filed the suit on 13 December, 1967 as mentioned above. Defendant, Abdul Malek (predecessor the appellant), contested the suit. Defendant had ..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......dents Judgment July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or......ent July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the parti......is power requires to be exercised only in furthering the ends of justice. If a party competent to file a cross-objection under Order XLI rule 33 of the Code of Civil Procedure has not done so cannot be said that Appellate Court can under no circumstances give him the relief under the..Category: Property Law | Date: | Hits: 38
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......hmed, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 415 of 2005 (From the judgment and order dated 12.04.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 2850 o......cord arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......fazzul Islam J Md. Abdul Matin J Alex & Simon International Ltd……………………………………Petitioner Vs. Yasmin Bashar & others………………&he..Category: Criminal Law | Date: | Hits: 45
32133212321132103209320832073206320432033200319931983197319631953194319331923191