Search Options
Judgment Advanced Search
Displaying 721-740 of 3812 results.
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......discriminatory in its application and effect upon persons employed in the services of Bangladesh and is inconsistent with Article 27 of the Constitution and, as such, is void and that the rule making power of the President contained in Article 133 of the Constitution does not extend to making such a......h the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others..........Respondents
Judgment
February 12, 1992.
Result:
This Rule is disposed of.
Cases Referred to-
Civil Appeal No.35 of 1987 (Mujibur Rahman Vs. Government of Bangladesh SP Sampath Kumar Vs......cle 103(2) (a) of the Constitution.
22. As the case involves a substantial question of law as to the interpretation of Articles 31 and 133 of the Constitution, the certificate, as prayed for, is granted.
Let the operation of this judgment and order be stayed for 2(two) weeks from date as p..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
....erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......hellip;……………Respondent
Judgment
January 15, 1992.
Result:
The Rule is made absolute
Cancellation of the lease without hearing the lessee is to be violative of the principle of natural justice—Opportunity of being heard to the Lessee i......erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....ed outstanding dues till 30.6.91 as per agreement dated 21.7.91.
Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 8.......irs of such banking company or companies (including any business or affairs with which such banking company or companies is or are concerned) and, without prejudice to the generality of the foregoing power, may call for information, at such intervals as the Bangladesh Bank may deem necessary regardi...... For the Respondent Nos. 3-6.
Writ Petition No.1159 of 1991.
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- This Rule Nisi was issued on 7th July, 1991 asking the respondent Nos. 1‑6 to show cause why the impugned publication made by the respondent No.1, Bangladesh Bank, represented......resaid erroneous action by respondent Nos. 3‑6 the petitioner's business had come to a standstill position as the Bangladesh Bank (respondent No.1) in the month of May, 1990 put an embargo stopping granting of Banking facilities to the defaulting loances who owe to the extent of Tk. 2.50 lacs or a..
Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......ncifully or arbitrarily. In the case reported in 29 DLR (SC) 268, it is held that the finding based on fact by the court of appeal below is binding on the High Court in the exercise of its revisional power but simultaneously it is held that if the learned Judge of the High Court finds that the decis......Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claims....................e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......e Secretary, Ministry of Land and others ..............Respondents
Judgment
May 30, 1991.
Lawyers Involved:
Subrata Chowdhury, Advocate ‑ For the Petitioner.
QA Hossain, Assistant Attorney General ‑ For the Respondent No.1.
SS Halder with Shahed Alam, Advocates ‑ For the Res...... The respondent No.4 Additional Deputy Commissioner (Revenue), Madaripur on 6.9.89 by his memo No.2659 SA dated 6.9.89 (Annexure ‘E’) sent a report to the said respondent No.3 stating that he had granted the settlement of the said fishery to the petitioner in accordance with the Ministry of Land..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
....ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......cree is set aside or declared void by any Court of competent jurisdiction. A party to the suit cannot say that an agreement is forged which was the basis of the decree. The Court of Settlement has no power to set aside a decree of the Civil Court but it has the jurisdiction only to decide the matter......egunbagicha, Ramna, Dhaka and others.................Respondents
Judgment
March 12, 1991.
Lawyers Involved:
Mahfuzur Rahman, Advocate ‑ For the Petitioner.
Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2.
Writ Petition No. 398 of 1989.
Judgment
Md. ......Mohammadpur, (Kha‑20) from the 'Kha' list of abandoned buildings published on 23.9.86 in Bangladesh Gazette (Extraordinary) contending that the said holding was allotted to one Qumrul Hoque, an immigrant from India as a lessee by the Government and possession was delivered to him on 4.2.63. The sa..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......also cited the cases reported in 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100 and submits that it is settled proposition of law that the High Court Division has the power to quash a proceeding where, on the face of it, the FIR and the charge sheet do not disclose a......;…………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (A......;…………………………...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
.... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......f this Court comprising of Md. Abdul Jalil and Qazi Shafiuddin JJ. observed as follows: "A Magistrate cannot detain a person unless he or she is as accused in a Criminal cast but he has certain power under section 100 of do Code of Criminal Procedure. Section 100 runs as follows: If any ......oner Vs. 1. Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment February 13, 1991. Result: The Rule is discharged. Cases Referred to- Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, 42 DLR 79; Krishna Pada...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
.... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ......t: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure question of law such as whether the exercise of the power of the Coal Controller is beyond the power and done in violation of the contract and mala fide...... Ventura Industries Ltd…………………Respondent Judgment February 3, 4 and 5, 1991. Result: The Rule is also discharged. An arbitrator exercises a quasi judicial function. He is both a judge of law and of fact and hence a pure ques......sition in dealing with the question in which his opinion is final In matter of injunction, the court has always to consider, in the light of the attending facts and circumstances of each case in granting or refusing an injunction, the balance of convenience and inconvenience and irreparable los..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ...... after recovery of the money by sale of the property according to the direction of the respondent the petitioner was released in consideration of the same and that it was a colourable exercise of the power under section 3 of the Special Powers Act. He further submitted that although the petitioner w......Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred to- Shaheda Masood Vohra Vs. The State and others, BCR 1987 HCD page 251; Dr. Nurul Islam Vs. Ba......ich was shown to the World Bank Team by the said Bank and in consideration of the damage caused to the Industries located in erstwhile East Pakistan, the Government of Germany converted the loan into grant. The said Bank has been renamed as Bangladesh Shilpa Bank after liberation of Bangladesh. The ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ...... Judgment January 30, 1991. Result: The judgment and decree of the trial Court is restored. Cases Referred to- Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bom 285. Lawyer......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......tion of title between the two competing parties. Profulla Chandra was not present before the Court either as a witness or in any other capacity, in the facts of the case the question of directing him to give his specimen signature in Bengali does not arise under section 73 of the Evidence Act. ......se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)
.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......eal the learned Additional Session Judge, 3rd Court, Dhaka affirmed the aforesaid order of conviction and sentence. While disposing of the appeal, the learned lower Appellate Court in exercise of its power under section 426 of the Code of Criminal Procedure granted provisional bail to the accused ap......15, 1991. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the High Court Division acted properly in refusing the ......pondent Judgment January 15, 1991. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Whether in view of the ad interim bail granted by the lower Appellate Court to move the High Court Division in revision, the High Court Div..Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ...... Ismail Siddique' which is marked as Ext. A(2). The signature of Md. Ismail Siddique as found in the admitted document namely, Ext. A vide A(1) and A(2) are similar to the signatures given in the power, affidavit‑in‑reply and in all other applications filed before this Court. The signature o...... December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in each year hold in addition to any other meetings a general meeting as its annual general meeting. But no Annual General Meeting...... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ......Ahmed, Section Officer, Government of Pakistan and others 17 DLR SC 63 (68) . "It is clearly impossible to construe the expression "until further orders" as conferring absolute power of retention or dismissal upon the competent authority. The matter of public employment is gov......Huq......................Respondent Judgment November 27, 1990. Result: The appeal is allowed. Constitution of Bangladesh, 1972; Article 135 Whether the impugn reversion to the respondent's substantive post after his acting in a higher post can be termed a reduction......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12.......ng of such possession is illegal for the purpose of treating the same as an abandoned property as the owner of the property is in the possession thereof through the tenant and the Government is not empowered to take possession of the house from the tenant treating the same as abandoned on the plea o......gladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgment November 5, 1990. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Ban......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
.... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ...... the Privy Council in the case of Secretary of State Vs. Mask and Co., 44 CWN 709, and held that in spite of the provision of the statute barring Civil Court's jurisdiction in a case it still got power to see whether the tribunal was constituted according to law or whether it had followed the pr......be rejected. To determine the truth of this allegation, evidence in necessary and this can be available only in the course of trial of the suit which is prima facie maintainable. Cases Referred to- Rafiqul Alam vs. Mostafa Kamal and others, 42 DLR (AD) 137, Secretary of State Vs. Mas......984, refused to interfere observing, among other things, that the Village Court had "surreptitiously passed the award for damage", no matter their decision was unanimous. 3. Leave was granted by us to examine the question whether the plaint of the suit ought to have been rejected in ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
.... delay. No doubt under Order XLI, rule 20 of the Code of Civil Procedure the Court has power in a proper case to allow a necessary party to be added as respondent, but the power to take the action is discretionary and should not be exercised in case of extreme neglect. On 13th February, 1963, the Co......clude the operation of the provisions of Order XXII of the Code. They would apply only where the provisions of Order XXII pose no difficulty in the prosecution of the appeal. In order to exercise the powers given by this rule, all persons to be affected by the order must be before a Court. It would ...... at all and is not before the Appellate Court. The language of rule 4 of Order 41 of the Code creates a legal fiction in the sense that the appeal filed by some of the defendants will be treated to be an appeal on behalf of all the defendants and the benefit of the appeal may be extended in fav......) in the suit were in joint possession of the house, each one of them was a necessary party, and the death of one of them would result in the appeal being not properly constituted. 31. Leave was granted in that case to consider whether the provisions of rule 4 of Order XLI CPC should have been ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......ure, it is not only the right but the duty of the Court to correct its own mistake. In re: Swire Mellor Vs. Swire, (1885) ChD 239 Down, LJ of the Court of Appeal dealing with a question regarding the power of a Court to correct its own mistake observed as follows- "I think, the true view ......f-Respondent Judgment August 8, 1990. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order IX, Rule 9 Whether there is any necessity to condone the delay when defendant was prevented from information about the date of hearing due to ......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
.... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......he principle of natural justice by serving a show cause notice is also not applicable in this case as this principle has been excluded in the Rule Itself. The appointing authorities have has also the power to reinstate a terminated employee on the merit of his individual case. Lawyers Involved:...... August 8, 1990. Result: All the appeals are allowed. Bangladesh Parjatan Corporation Service Rules, 1980; Rule 41 sub‑rule (2) Clause (iv) Whether any reason was required to be assigned for termination of the services of the respondents, who were employees of the Banglad......he High Court Division, Dhaka, in Writ Petition Nos.167, 168, 169, 170, 219, 220 and 221 of 1987). Judgment Shahabuddin Ahmed CJ.- All these seven appeals have been brought by special leave granted by us on 20 May, 1990. A common question of law being involved in these appeals which are al..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
94519497498972364987498850667624899450659057176417705046177849901786178317461463