Search Options
Judgment Advanced Search
Displaying 761-780 of 3812 results.
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
....roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ......roperty………………………..(13) The charge under section 16 of the Special Powers Act, 1974 can not be invoked for alleged theft of electric power pumps and consequently the order of conviction and sentence is not sustainable in law…&......lowed. The question is whether theft of electric pumps will be an offence punishable within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
AK Banik & Khokan Kumar Saha Vs. M. Karim & another, 1989, 18 CLC (HCD)
....bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ......n, Advocate—For the Contemner-Respondents (In both the petitions). Contempt Petition Nos. 9 & 10 of 1989. Judgment Mustafa Kamal J. - These two contempt Rules have been heard together and will be disposed of by the same judgment as they arise out of a same transaction. ......bsequently may be accepted. Let a copy of this judgment be forwarded to the Secretary, Ministry of Home Affairs forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 122. ..Category: Contempt of Court Law, Criminal Law | Date: 11 Jun, 1989 | Hits: 102
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......he Summary Military Court is void ab initio, without jurisdiction, malafide, baseless and 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 lawfu...........Appellant Vs. A.K. Murshid and others...................................Respondents Judgment May 25, 1989. Result: The Rule is made absolute. Cases Referred to- Nasiruddin Vs. Govt. of Bangladesh & ors. 32 DLR (AD) 216; Khondoker Ehteshamuddin Ahme......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
....and expenses of the parties
The main purpose behind this legislation is to save time and expenses of the parties in the disposal of the suit. ........ (8)
Time for pronouncement of judgment discretionary any not mandatory
When issues have been framed both of law and facts and the Cour......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......sible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......The Commissioner of Police, Calcutta and others, 41 C.W.N. 333 by a Division Bench of the Calcutta High Court and therein it was observed "The question for decision is whether section 100 Cr.P.C. empowers a Magistrate to order the detention of a person who is sui-juris. The words "shall make suc......s.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others……....Opposite Parties
Judgment
December 13, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Bhola Nath Goshami Vs. The Commissioner of Police, Calcutta and others, 41 C.W.N. 333; Jai Da......ed 15.10.88 was received by the Sessions Judge stating that they were of the view on examination of her person and X-ray film that her age was between 18 and 19 years. On 6.11.88 the Sessions Judge granted bail to accused Md. Shahidul Islam, Abul Kashem, Nuru Miah, Serajul Islam, Fazlul Huq and Ab..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ......o the custody of the Government to satisfy its prior lien or charge. It was observed that though the judgment debtor had no dominion over the security money he had the full right of ownership and power of disposal in respect of the sum of money that might be left after discharging his liabilit...... The Contract Act, 1872 (IX of 1872), section 170 The Code of Civil Procedure, 1908 (V of 1908), Order 38, rule 5 From the facts and circumstances of the case I have got no hesitation to hold that the plaintiff knew about the defendant's transaction with the Bank and that the vessel ...... No. 152 of 1987. The High Court Division came to the conclusion that the attachment order was bad and vacated it and further struck off the Execution Case No. 56 of 1984-as well. 5. Leave was granted to consider three submissions:(1) whether the Bank could secure release of attached goods ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ......l bond could be executed on that date and so he was taken back to the custody and immediately thereafter the detention order was served. The sequence of events show that it was colourable exercise of power and mala fide on the part of the respondent. 10. The learned Additional Attorney-General ...... Parvin Banu...........................Appellant Vs. Government of Bangladesh and others.........Respondents Judgment March 20, 1988. Result: The detention is held to be illegal. The Constitution of Bangladesh, 1972, Article 102 Materials were available ......t rule. So unless a fresh application is filed in respect of the order of detention dated 15.8.87 it cannot be interfered with." The rule was discharged being infructuous. 4. Leave was granted to consider the soundness of the aforesaid proposition in view of the submission that the ru..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......njan Das being dead his heirs: Bimal Kanti Das and others………….Respondents Judgment July 20, 1987. Result: The appeal is dismissed without any order as to costs. The Code of Civil Procedure, 1908 (V of 1908) Section 11 An adverse finding agai......etting aside the judgments of the courts below, dismissed the suit on a finding that the suit was hit by res judicata in view of the decision the two Redemption Suits. Against this decision leave was granted by us to consider the question whether the principle of res judicata was applied by the High..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......…Petitioner Vs. Bangladesh & others…………………………………………..Respondents Judgment March 22, 1987. Result: The rule is made absolute. Cases Referred to- AIR 1947 (Lahore) 117. Lawyers Involved: S.C. Das with Subrata Chowdhury, Advocate -For......ila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila, Revenue Officer, Anowara and approving grant of lease thereof in favour of the stranger respondent Nos.6-9. 2. 8.23 acres of land as des..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
...... of Emergency under clause (1) of Article 30 of the Constitution of Pakistan 1962 and on that very day he promulgated the Defence of Pakistan Ordinance (Ordinance No.XXIII of 1965) in exercise of the power under clause (4) of Article 30 read with clause (2) of Article 131 of the said Constitution to......
Present:
Bimalendu Bikash Roy Chowdhury J
Subitri Bari………………………………Petitioner
Vs.
Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others…&......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ......arned Judges of the High Court Division, we find on the authority of the two decisions cited by the learned counsel for the appellants that the Government in this particular case did not get any power under the lease deed to enter into the premise and demolish the construction made by the lesse......ip;……………………………Respondents Judgment April 23, 1986. Result: The Rule is discharged. Cases Referred to- Hasna Mansur & others Vs. Secretary, Ministry of Public and Urban Development and ......hery with the petitioner at 51% enhanced rate over the present rate. Pursuant to the said order the District Fishery Development Officer, Sylhet intimated the petitioner that the petitioner have been granted lease of the fishery for the term of 1389 B.S. to 1394 B S. at the annual rent of Tk.1,20,00..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Mst. Ayesha Sultana @ Minu Vs. Md. Shahjahan Ali, 1986, 15 CLC (HCD)
....ce to pay a fine of Tk. 1000/- in default to suffer simple imprisonment for three months. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 140. ......ellant it was submitted that the Government issued a notification on 18th November, 1972 to the following affect:- "No.S-1/4R-1/72/532-18th November, 1972—In exercise of the power conferred by Article 6 of the Bangladesh Local Councils and Municipal Committees (Dissolution ......side and the accused respondent was acquitted. 2. The appellant Most Ayesha Sultana @ Minu made a complaint on 2.4.81 before the Sub-Divisional Magistrate Narayanganj saying that she was married to accused Shahjahan Ali according to Muslim Law on 31.5.74 when the dower was fixed at Tk. 25,000/-......he applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for. (4..Category: Family Law | Date: 17 Mar, 1986 | Hits: 1
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ..........Petitioner Vs. The State & another............................Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamuddin, 30 DLR at page 327; Saeed...... This means that it was the opposite party namely, the Berger Paints Bangladesh Limited which after stopping supply of paints to the petitioner n credit gave the new term for supply of paints only on grant of postdated cheques. Upon the aforesaid statements in paragraph 2 and 5 of the complaint..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......ioner submits that in the case of Nader Ali Sheikh Vs. The State, 1984 B.L.D. (AD) page 7 the Appellate Division has observed that in appropriate cases even after the Sessions Judge has exercised his power u/s. 439A Criminal Procedure Code the High Court Division may exercise the inherent jurisdicti.................Petitioner Vs. The State.........................................Opposite party Judgment January 30, 1986. Result: The Rule is discharged. Cases Referred to- Nader Ali Sheikh Vs. The State, 1984 BLD (AD) page 7; Ram Singh Vs. The Crown, AIR 1950 (Ea......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....act would involve no such hardship on the plaintiff as it would be if the contract is enforced insofar the defendant is concerned. Section 22;—The jurisdiction to decree specific performance is discretionary, and the Court is not bound to grant such relief merely because it is lawful to do so;......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......s.…………………Appellants Vs. Golam Ahmad Shah and others………….Respondent Judgment January 27, 1986. Result: The Appeal is allowed. Cases Referred to- Davis Vs. Mensosa 38 Calcutta 805 (P. C.); Sarkarlinga Vs. Ratnoswami Nadar. AIR 1952 (Mad.......to an agreement for selling the house and the con-tract was genuine. On appeal, the High Court Division dismissed the appeal and affirmed the judgment and decree of the trial Court. 4. Leave was granted to consider the submissions that even if the contract was good in the facts and circumstan..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ......Tribunal itself is not a Civil Court within the meaning of section 3 of the Civil Courts Act 1987. Under Rule 48 of the Union Parishads (Election) Rules, 1983 the Election Tribunal shall have all the powers of a Civil Court trying a suit under the Code of Civil Procedure and shall be deemed to be a ..............Petitioner Vs. Abul Bashar Majumder & others...................Opposite-Parties Judgment January 7, 1986. Result: The Rule is discharged. Cases Referred to- Khulna Tobacco Industries Ltd Vs. Chairman, Labour Court, Khulna and another, 30 DLR 331; M......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......strict Chittagong from acting in a manner prejudicial to the public safety and maintenance of public order, it is necessary to make an order for his detention. Now, therefore, in exercise of the powers conferred upon me by the Government, I Md. Omar Farooq, District Magistrate, Chittagong .........Petitioner Vs. Secretary, Ministry of Home Affairs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Sho......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....titioner has submitted that the Magistrate has no option but to pass a substantive sentence under section 420 Penal Code upon recording a conviction thereunder and a further sentence of fine was only discretionary with him. The learned Advocate for the Opposite-party No.1 has, however, submitted tha......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8. ......p;………………………..…..Respondent Judgment November 27, 1985. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1929 (Allahabad) 260; 1946 MLJ 8....... of trial and the Magistrate proceeded under section 339B (2) Cr.P.C. and tried him in absentia. Seven (7) witnesses were examined in support of the prosecution case and the receipt said to have been granted by the accused for the money taken from the informant was proved as Ext. 1. 3. The Magi..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3
Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)
....titioner has submitted that the Magistrate has no option but to pass a substantive sentence under section 420 Penal Code upon recording a conviction thereunder and a further sentence of fine was only discretionary with him. The learned Advocate for the Opposite-party No.1 has, however, submitted tha...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......………………………Petitioner Vs. Kaloo KhandaKer……………………………Respondent Judgment November 27, 1985. Result: The Rule is made absolute. Cases Referred to- 4 DLR 360; 35 CWN 519; AIR 1973 (Supreme Court) 1457; AIR 1926 (Lahore) 350 =27 CrLJ, 562; AI......e of trial and the Magistrate proceeded under section 139B(2) Cr.P.C. and tried him in absentia. Seven (7) witnesses were examined in support of the prosecution case and the receipt said to have been granted by the accused for the money taken from the informant was proved as Ext. 1. 3. The Magist..Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25
Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)
....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ......…............Respondent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pending before the Sub-Divisional Magistrate. If he was of......;……………………............Respondent Judgment July 30, 1985 Result: The Rule is made absolute Competency of Sessions Judge to quash Criminal Proceeding- Sessions Judge has no power to quash a criminal proceeding pendin......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1 ..Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1
50237319741950387275186316961671850776427609940991509411166091479149914084919359