Search Options
Judgment Advanced Search
Displaying 641-660 of 3960 results.
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ing the identity of theperson who was said to have made allegation, nor disclosing the source wherefrom the allegations were received and termination of the appointment so made was violation of the principle of natural justice since he has been condemned or, in other words, his professional reput......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ......s version as regards the so called complaint(s) before passing of the order of removal from the Office of the Special Public Prosecutor, as such, the order of removal so passed is violative of the principle of natural justice. 3. The respondent Nos. 1 and 2 contested the Rule by fil...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)
....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......ade above we do not find any substance in the leave petition which is therefore dismissed. The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ..Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ......ances. 17. Placing of reliance on the maxim "Justice delayed is justice denied", as the ground for quashing criminal proceeding is not well founded view or, in other words, is contrary to general principle of non‑quashing of criminal proceeding on the mere ground of delay, except in case of' e......licy but there may be case of exceptional nature where prosecution unnecessarily and without justification or in the absence of reasonable ground prolongs the termination of the case and the same tantamount to abuse of the process of the Court and consequent thereupon harassing the accused. 9. T..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ......ot;In view of the aforesaid finding's the grounds upon which review of the judgment is sought have already been decided. A wrong decision on interpretation of certain provision of law ‑or principle laid down in a decision relied upon by a Court are no grounds for review "Error app......wever, an order based on an erroneous assumption of material fact, or without adverting to a provision of law, or a departure from an undisputed construction of the law and the Constitution may amount to an error apparent on the face of the record. At the same time, if the judgment under rev..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......o 1 (c) made over possession of part of the property, i.e. first floor of the building, to the plaintiff. It was also the case of the plaintiff that on subsequent dates the defendant received further amount and thereupon there remained balance of Taka 25,000 out of the total consideration money and ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ......s guilty. II. For that the learned Judges of the High Court Division erred in law having failed to apply their judicial mind to the general provisions and principles laid down in Part V, Chapter 1, sections 130, 131, 132, 133 and 135 of the Ordinance, s......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
...... objections in its written statement, filed on 7-10-2002 but did not raise the objection with regard to the jurisdiction of the Labour Court in disposing of the said IRO case although it is a settled principle that the objection with regard to jurisdiction of a Court has to be taken at the very outs......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... the employer is obliged to pay it to the employee for the services rendered to it. 30. With respect, I find it difficult to accept the proposition laid down in this decision. In laying down the principle the learned judge lost sight of the legal characteristics of "debt" and failed t......wes a debt i.e. a definite sum of money presently due but may be paid now or in some future date, the learned Advocate contends. The learned Advocate finally submits that the claim of the petitioners amounts to debts and on refusal to pay the same the petitioners can maintain these applications. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)
....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ......th is caused on account of dowry. No alternative punishment has been provided for the offence. Now the question is, whether the Bishesh Adalat is justified in convicting the condemned prisoner on the principle of res gestae as applied in this case. 9. Section 6 of the Evidence Act provides that......inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ..Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164
Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)
....llate Tribunal when apparently the respondent has not been dealt with in accordance with law following, the principles of natural justice. The petition is dismissed. Ed. ......sp; Natural Justice The authority imposing any punishment upon a delinquent staff has a duty to see that he has been dealt with in accordance with law and following the principles of natural justice….(7) Lawyers Involved: Mvi. ......fice on transfer. Respondent was acquainted with the said Dejindra Chandra Dutta and he was known to him since long and at his instance several accounts were opened illegally in the Post Office. Huge amount of Government money was unlawfully disbursed to him from those accounts. Similarly number of ..Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ......ing death. In a wife murder case when the wife met her death while in house of husband, the latter is to explain under what circumstances the wife met with her death. In husband murder case, the same principle will apply. It demonstratively came to light that condemned prisoner and deceased had been......itself though he had retracted it at a later stage. Nevertheless, usually Courts require some corroboration to the confessional statement before convicting an accused person on such a statement. What amount of corroboration would be necessary in such a case would always be a question of fact to be d..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ......und that Nazrul was apprehended just immediately after the occurrence and that he was insane at or about the time of occurrence, which was admitted by the prosecution witnesses. It is the established principle of criminal jurisprudence that the defence is not required to examine any witness in suppo...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
State Vs. Bahar Miah, 2004, 33 CLC (HCD)
....he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ......ffence. The Tribunal has been left with no discretion in awarding the sentence in case of death for dowry, if the prosecution has been able to prove the charge against the accused. It is the cardinal principle of the interpretation of the statute that if there is any ambiguity in the words which set......he offence for taking necessary steps in accordance with law as per observations made above. The connected appeals are allowed accordingly. Ed. This Case is also Reported in: 56 DLR (2004) 454. ..Category: Women and Children | Date: 18 Jan, 2004 | Hits: 163
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......e defendant No. 6 showed that the price of similar plot was over Taka 2 crore and, as such, selling the land in question to the defendant No. 6 (respondent No. 6) at the rate of Taka 20 lac per bigha amounted to a gross abuse of executive authority, have been dealt with and decided by this Court in ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ......nsel for the accused petitioners consistently submits that in this case there is no ingredient of the offence under section 315/316 of the Penal Code and that the continuation of the proceeding would amount to unnecessary harassment to the accused petitioners for which the same should be quashed. He..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)
....illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ......but with no effect. The petitioner has further stated that the Ministry of Establishment vide memo dated 10‑2-1987 in order to avoid transfer of 3rd and 4th class employees provided the principle which was duly approved by the Cabinet Division Meeting dated 23‑2‑1986 and p......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed. Ed. ..Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......rt of his contention he relies on the decision reported in 20 DLR 1171, AIR 1974 (Delhi) 91 and 44 DLR (AD) 208. Mr. Islam drawing my attention to the decision reported in 48 DLR 376 submits that the principle enunciated in that case is not attracted in the facts and circumstances of the instant cas......nd 46 to serve different purposes. It must be remembered that the Act has been passed by the Parliament to protect and safeguard the interest of the consumers, i.e., the consumers' interest is paramount. On examination of both the aforesaid sections it appears that the provisions of section 15 o..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......roperly be regarded as conditional where there was no condition which was prerequisite for the formation of any binding agreement, as in "subject to contract' cases or which kept it in abeyance, this principle has been enunciated following the dicta of Lord Jenkins LJ in Parway Estate Ltd. Vs. Inlan......west evaluated Bid from Category I. For the purpose of this comparison only, an upward price adjustment will be made to the lowest evaluated Bid Price of Category III by adding either: (i) the amount of customs duties and other import taxes which a non‑exempt importer would have to pay for ..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ......petitioners arbitrarily. The learned Advocates further submit that such curtailment cannot be done at the whims of the respondents without even giving them any hearing and therefore it is against the principles of natural justice. In support of their arguments the learned Advocates rely on the decis...... This Case is also Reported in: 57 DLR (2005) 248. ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
1361341351321241311309039891062991508893889456802818954818710538880