Judgment search - Chancery Law Chronicles

Displaying 1521-1540 of 3806 results.

Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

....e of the fact that there is provision in the Customs Act, 1969 for preferring appeal against an order like the instant one before the prescribed authority. 8. Section 32 of the Customs Act which empowers the customs Authority to serve notice calling upon an importer to pay the short-levied duty a......1.......Advocates— For the Petitioner. AM Aminuddin, Assistant Attorney-General — For the respondents. Writ Petition No. 665 of 1994. Judgment Md. Ruhul Amin J.- Petitioner obtained this Rule calling upon the respondents to show cause as to why the impugned order being Nathi No. S4-02/AP/Gro......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...

Category: Fiscal/Taxation Law | Date: | Hits: 189

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....he order passed by the learned Munsif in exercise of his inherent jurisdiction. 6. It is now well settled that if there is specific provision provided by law the Court cannot invoke its inherent power under section 151 of the Code of Civil Procedure. Since Order 9, rule 9 of the Code of Civil P......e is also Reported in: 41 DLR (HCD) (1989) 473.......K. Badrul Huq, Advocates - For the Opposite Parties. Civil Revision No.17 of 1985. Judgment Muhammad Ismailuddin Sarker J.- This Rule at the instance of the defendant No.10 has been issued calling upon the opposite party to show cause why the impugned order dated 31.12.84 passed by the le......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....eal through mistake in spite of the fact that the appellant had not made necessary deposit under Section 174(5) of the Bengal Tenancy Act the appeal was incompetent and the appellate Court had no power to condone the delay under Section 5 of the Limitation Act in making the deposit but his Lor......�……………….Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Ghose, 53 C......he Petitioner. Md. Abdul Kuddus Miah, Advocate - For the Opposite Parties. Civil Revision No. 200 of 1984. Judgment MS Ali J.- This Rule under section 115 of the Code of Civil Procedure calls in question the judgment and order dated 31.5.84 passed by the Subordinate Judge, Lakshmipur i......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....nder:- "36. In the present case under consideration the High Court Division was sitting on appeal over the decree of the learned Sub-ordinate Judge. Even though the High Court Division's appellate power and jurisdiction are regulated by the Code of Civil Procedure and an appeal is a continuation ......ght of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be consoled. Accidental death also a premature death Government is answerable to all such premature death as Government is to protect the citizen and is responsible for the life ......compensation can be awarded and so the Court must do the best it can in the light of such comparable cases as it may consider to be assistance to it. 44. Questions, on the facts of the given case, calls for determination are:- (i) Whether the deceased died due to the accident caused by defenda......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....terest was 16%. As security of the loan, defendant No.2 executed and registered mortgage deed in respect of his owned titled schedule property in favour of the Sonali Bank and executed an irrevocable power of attorney being No.4604 dated 6-1-1988 and also sworned an affidavit that mortgage property ......li Bank Ltd. & others………………Opposite-Parties Judgment May 11, 2010. Result: The rule is made absolute and the Civil Rule No.427 (R)/2006 is made absolute. Cases Referred to- Abdul Jalil Vs. Bangladesh House Building Finance Corporation, 41 DLR (AD) 109; Korea Banglad......e the provisions of the Artha Rin Adalat Ain, 2003. As there is the mandatory provision to deposit 50% of the decreetal amount to prefer appeal the present appeal is not at all maintainable and practically where is no appeal in the eye of law." 12. It appears from the record that in course of app......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..

Category: Civil Law | Date: | Hits: 156

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....l, Department of Environment is the appropriate and competent authority under the law on the matters relating to environment of surrounding areas of the River. Section 4 of the Ain has conferred wide power upon the respondent No.5 to take all actions as he deems fit and necessary for conservation of......�……Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; Dr. Mohiuddin Faruque Vs. Bangladesh, 55......No.4. Writ Petition No. 4795 of 2009. Judgment Md. Azizul Haque J.- This Rule Nisi, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, was issued calling upon the Respondents to show cause as to why they should not be directed to protect the rive...... taken on 27-9-2007 that sand was extracting by cutting the banks of the river and the river became wider approaching the nearby villages. 26. It appears from the Annnexure-G-7 that on 9-8-2006, a meeting presided over by the Upazila Nirbani Officer, Tahirpur, Sunamganj was held for prevention of..

Category: Environmental Law | Date: | Hits: 1019

Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)

....prejudiced at the time of trial of the case. 11. Now in this case admittedly the petitioner is a woman and the wife of the victim Anisur Rahman. It is well settled that this Court has unfettered power in granting bail, but in considering a petition for bail under section 498 Cr.P.C., the guidel......�……………...Respondent Judgment May 8, 1988. Result: The Rule is made absolute. Lawyers Involved: MA. Aziz, Advocate. — For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.31 of 1988. Judgment Muhamm...... bail in Bail Case No.37 of 1988 stating, inter alia, that she was suffering from various fatal diseases inside the jail which require her to be treated outside the jail. The learned Sessions Judge called for a report about her health from the jail authority, but the jail authority could not furni......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..

Category: Criminal Law | Date: | Hits: 105

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....e exercise of their jurisdiction and not those which are made in their discretion, unless the discretion is exercised fancifully or arbitrarily. Order 1, rule 10(2) of the Code of Civil Procedure empowers the Court to add parties at any stage of the proceeding either upon or without application, w...... Vs. The U.N.O., Biswanath, District Sylhet & Others...........................Opposite Parties Judgment February 11, 1988. Result: The Rule is made absolute. Cases Referred to- Mst. Jahanara Begum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. T......titioners. S.H. Md. Nurul Huda Jaigirdar, Advocate—For Opposite Parties. Civil Revision No.55 of 1986. Judgment AKM Sadeque J. - This Rule, issued at the instance of the plaintiffs, calls in question the order No.14 dated 21.11.85 passed by the Munsif, Sadar, Sylhet, in Title Suit ......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....at a proceeding under section 145 of the Code does not lie where two parties are in joint possession in dispute and one of them tries to evict the other so as to endanger the public peace. 10. The power in sub-section (4) of section 145 of the Code of Criminal Procedure is an extraordinary power ......a Miah and others…….………Petitioner Vs. Fazar Ali and others………………Opposite Party Judgment February 3, 1988. Result: The Rule is made absolute. Cases Referred to- Syed Zaman Khandakar and others Vs. Zubeda Khatun and others, 25 DLR 317; Malik Mansoor Elahi......t would follow that where there is no danger at any point of lime of any further breach of public peace then manifestly the invocation of the summary procedure provided in this section is no longer called for and the proceeding should be put an end to." His Lordship while making the aforesaid o......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

.... two expressions 'persona designate' and 'Court'. If the function of the designated person is judicial in character then he is a Court even though he is not described as a Court. The real test is the power and function which the person discharges. Thus if the function is a judicial one then the au......………………..Appellant Vs. The Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are discharged. Cases Referred to- 38 DLR (AD) 172 9; 40 DLR 232 9. Lawyers Involved: Gazi Abdur Rashid, Advocate—For th......t the District Judge of a District is a Member, Appellate Tribunal for (c) hearing of the appeal from the decision passed by the Arbitrator appointed under section 27 of the Ordinance. Thus, we are called upon to see whether the function which the Member, Appellate Tribunal discharges in decidin......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....s no Rule of the Agrani Bank for conducting departmental proceeding prior to 12.9.81 on which date, Agrani Bank Employees Service Regulations was passed. The above Rule was made in pursuance of the power conferred under Article 29 of President's Order 26 of 1972. It is admitted that the Ext. K a......anul Hoque................................Petitioner Vs. General Manager, Agrani Bank.....Opposite Party Judgment March 16, 1989. Result: The Rule is discharged. Cases Referred to- AIR 1980 (SC) 840; 29 DLR 10; 35 DLR 224; 40 DLR (AD) 206=1988 BCR (AD) 79. Lawyers Involv......uthority or public functionary has got certain powers and functions to act according to the law which gives him the authority and power to act and to pass orders on and his action or order can not be called in question in the Court of law, unless he violates those laws and rules, in exercising his......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

.... of the final report submitted by the police should not be set aside and why the Government in the Ministry of Home Affairs should not be directed to consider whether Government should exercise its power in accordance with law under the proviso to sub-section (7A) of section 167 Cr.P.C. for revi................................Petitioner Vs. The State…………………………………..Opposite Party Judgment March 23, 1989. Result: The Rule is discharged. Cases Referred to- Bhubani Shahu Vs. the King, 76 IA 147; Lutfun Nahar Begum Vs. The State, 27 DLR (AD) 29; Jo......ions Case No.118/88 pending in the Court of Sessions Judge, Dhaka. 2. This Rule (being Criminal Misc. Case No.46/89) at the instance of accused petitioner Shah Alam Chowdhury was issued on 13.2.89 calling upon the Deputy Commissioner, Dhaka to show cause why the accused petitioner Shah Alam Chowd......e Suo Motu Rule No. 47/89 is also discharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..

Category: Criminal Law | Date: | Hits: 127

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......s. State......... ………………………………………………………………Respondent Judgment February 23, 2005. Result: The jail appeal is dismissed. Cases Referred to- Ilias Hussain (Md.) Vs. State, 54 DLR (AD) 78; State Vs. Shafiqul Islam, 43 DLR (AD) 92; Sham......of the Penal Code sentenced him to suffer rigorous imprisonment for five years and both the sentence would run concurrently. 9. The informant ASI Md. Ainul Hoque was examined as P.W. 1 who categorically stated the story of the first information report in his evidence and also stated that on 6‑5......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

.... as per Government decision. The said decision was taken by the Government for the greater cause of the nation and to ensure gas supply to the vital industrial units like fertilizer factories and power stations; gas supply was prohibited for the manufacture of common bricks. The petitioner h......nd Distribution Co. Limited, a Public Limited Liability Company & another……………….Respondents Judgment February 20, 1989. Result: The Rule is discharged. Cases Referred to- Radhakrishan Agarwal and others Vs. State of Bihar and others AIR, 1977(SC) 1946; Divisional ....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)

....o the District Judge to entertain appeal arising out of election petition. Section 29 is the relevant law in this regard. Sub-sections (1) and (2) of section 29 relates to Election Tribunal and its power. Sub-section (3) speaks that the decision of the Election Tribunal on a petition is a final.......��……………............Petitioner Vs. Sirajul Islam………………………...Opposite Party Judgment April 17, 1989. Result: This Rule is made absolute. Case Referred to- Amelendu Majumder Vs. Selimuzzaman, 7 BLD 114. Lawyers Involved: Salimul Hoque Khan Mil......mal Pasha, Advocates-For the Opposite Party. Civil Revision No.69 of 1989. Judgment AM Mahmudur Rahman J. - This Rule was issued under section 115(1) C.P.C. at the instance of the petitioner calling in question an order passed by the learned District Judge admitting Election Tribunal Appeal......�peal find answer in the foregoing discussion. For these reasons, this Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ..

Category: Election Law | Date: | Hits: 194

Muhammad Zulfikar Vs. Abul Kalam Chowdhury & others, 1989, 18 CLC (HCD)

....the Second Commercial Court of Subordinate Judge, Chittagong. On transfer the petitioner filed an application to the District Judge to bring the appeal back to his file on the ground that he had no power to transfer an appeal from the decision of the Election Tribunal and it was illegal on his par......r………………………….Petitioner Vs. Abul Kalam Chowdhury & others.......Opposite Parties Judgment February 14, 1989. Result: The Rule is discharged. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and others, 38 DLR (AD) 172; Kuldip Singh Vs. The State ......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21.......as to costs. The 1st Court of Additional District Judge shall proceed with the appeal expeditiously keeping in view the public interest. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 21...

Category: Election Law | Date: | Hits: 192

Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)

....ismissal of the Misc. Case which was dismissed not for non-appearance of the plaintiff when the case was taken up for hearing but for not depositing the cost within the time allowed by the Court. The power under section 151 of the Code is not a new one, it is inherent in it by virtue of its duty to .............................Petitioners Vs. Abul Kalam & others...........................Opposite Parties Judgment December 5, 1988. Result: The Rule is discharged. Case Referred to- Biswanath Banerjee and others Vs. Amar Nath Mukerjee and others, 1962 Cal. 110. Lawyers In......of the suit itself and the Court restored the Misc. case on condition of payment of cost. The expression "default in payment in cost" is not synonymous with the term "non-appearance when the case was called on for hearing". Where the plaintiffs case under Order 9, rule 9 C.P.C. is allowed but subseq......le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ..

Category: Criminal Law | Date: | Hits: 85

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....ided for under sections 87 and 88 of the Code of Criminal Procedure. Thus, even when an accused having absconded and is to be tried and convicted in his absence the court could apply its coercive power for compelling him to attend even by selling his moveable and immovable properties after prope....................................Petitioner Vs. The State....................................Respondent Judgment February 6, 1989. Result: This Rule is made absolute. Case Referred to- Hakim Rai Vs. The State, AIR 1957 (Punjab) 134. Lawyers Involved: Khademul Islam Chowdh......he house of the complainant namely, Md. Mosharaf Hossain and elder brother Majibur Rahman took away household articles worth Tk.12.800/-. At the time of commission of the offence informant's uncle on call of nature came out from inside the hut and saw 10/12 persons and recognized the thieves on see�......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..

Category: Procedural Law | Date: | Hits: 122

TK Oil Refinery and Vegetable Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegetable Products (Pvt.) Ltd. and another, 1989, 18 CLC (HCD)

....erate as a bar to challenge the order of registration of the trade union and issuance of certificate of registration on the grounds as alleged in the present case in a Civil Court. Section 10 (2) empowers the Registrar himself to cancel the registration already granted by him for the reasons sta......ers Vs. TK Oil Refinery and Vegetable Products (Pvt.) Ltd. and another...........Opposite Parties Judgment March 27, 1989. Result: The application is rejected. Cases Referred to- 30 DLR 219 (6); 40 DLR (AD) 45 (6). Lawyers Involved: Nurul Huda, Advocate-For the Peti......219 (6); 40 DLR (AD) 45 (6). Lawyers Involved: Nurul Huda, Advocate-For the Petitioners. Civil Order No.156 of 1989. Judgment AM Mahmudur Rahman J. -By this application the petitioners call in question an order passed by the learned Assistant Judge rejecting an application made unde......ter by implication without any substance. There is no merit in this application. Accordingly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ..

Category: Labour and Industrial Law | Date: | Hits: 178

Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)

....n is whether Labour Court can dismiss a case for default for non‑appearance of the complainant and thereafter vacate such order to decide the matter after hearing the parties. In the absence of any power under the provisions of Order 9 of the Code of Civil Procedure contention of the learned Advoc.........................Petitioner Vs. Chairman, Labour Court and another.........................Respondent Judgment November 14, 1996. Result: The Rule is discharged. Cases Referred to- Pubali Bank Vs. Chalrinan, Labour Court, Dhaka and another, 44 DLR (AD) 40; Chand Miah Talukd......l Islam, Advocate‑For the Respondent. Writ Petition No. 564 of 1988. Judgment Kazi Ebadul Hoque J. - This Rule at the instance of the petitioner Crescent Jute Mills Company Ltd. was issued calling upon the respondents Chairman, Labour Court, Khu1na and the complainant Md. Abdul Hoque Khan......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..

Category: Labour and Industrial Law | Date: | Hits: 177

Search Options

Judgment Advanced Search