Search Options
Judgment Advanced Search
Displaying 1861-1880 of 3812 results.
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......on for the penal action. The provision of this Rule being penal in nature, it requires to be strictly construed. In view of the stringency of this provision making room for Drastic consequences, this power should be applied only when the violation of the order of the Court admits of no doubt and the..............................Petitioners Vs. Jasimuddin Ahmed and others…………………Opposite Parties Judgment July 1, 1998. Result: The Rule is made absolute. Case Referred to- Arya Insurance Co Ltd. Vs. Lala Channoolal, AIR 1957 (All) 400. Lawyers Involved: Akram......justice that it be disposed of with utmost expediency. The learned Senior Assistant Judge is hereby directed to dispose of the suit within three months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. The order of stay gran..Category: Property Law | Date: | Hits: 108
....t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300....... no occasion for the extinction of the plaintiffs title in the suit property.
30. The learned Courts below placed too much emphasis on Ext. 3 series showing the defendant’s purported exercise of power under section 92 of the State Acquisition and Tenancy Act, 1950 in which the signature of P.W.......ate Division Judgment Here.
Supreme Court
High Court Division
(Civil)
Present:
Gour Gopal Saha J
Hindu Deity Lakshmi Gobinda Jew………………Petitioner
Vs.
Deputy Custodian, Enemy Property (now Vested Property), Government of Bangladesh and others...………..Oppos......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300...
Category: Property Law | Date: | Hits: 102
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......hamsuddin Ahmed and others………………………Petitioners Vs. Government of Bangladesh and others………………………Opposite Parties Judgment May 20, 1993. Case Referred to- Bangladesh Vs. Israil and others, 1981 BLD (AD) 371 Lawyers Involved: AKM Faiz with Sha......or the reasons stated above, we find nothing to interfere with the impugned order of the learned District Judge. Accordingly, the Rule is discharged without any order as to costs. The stay earlier granted by this Court and extended from time to time is hereby vacated. Communicate the order to ..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......for the purpose of levy of duties of Land Customs and trial of offences shall apply. Section 188 of the Sea Customs Act provides that "Every order passed in appeal under this Act shall subject to the power of revision conferred by section 191 be final". We are to see whether in the above facts and c......que J Bangladesh and another…………………………Appellants Vs. Banarashi Lal Sharaf and others……………………….Respondents Judgment May 12, 1993. Cases Referred to- Sardar Ali and others Vs. 1. The Collector of Customs Karachi 2. The Federation of Pakistan, ......in the hands of the plaintiff by way of smuggling and that the plaintiff acquired these on the basis of local purchase". In arriving at the aforesaid conclusion Court below considered certificate granted by the auctioneer M/s Imran & Sons on 5.11.55 Ex. 35(a), certificate granted by P.W.9 Na..Category: Fiscal/Taxation Law | Date: | Hits: 125
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504....... no ground for reviewing the order passed earlier in Title Appeal No.17 of 1995, the learned District Judge committed no error of law that may justify interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. 7. The learned Advocate for the petiti......aha J.- This Rule is directed against the order dated 1-1-96 passed by the District Judge, Thakurgaon in Miscellaneous Case No.9 of 1995 under Order 47 rule 1 of the Code of Civil Procedure, refusing to review his order dated 25-11-95 passed in Title Appeal No.18 of 1995, arising out of the judgment......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...Category: Procedural Law | Date: | Hits: 91
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
.... restitution under section 144 of the Code of Civil Procedure and that under section 151 of the Code of Civil Procedure is that action under the former is mandatory whereas action under the latter is discretionary. It is needless to say that this discretion has to be exercised according to sound and......gistered one, was not evidently executable per se and consequently the action of the learned Advocate Commissioner in dispossessing the petitioners from the suit property in exercise of the purported power given to him by the Execution Court is illegal and consequently the petitioners have no other ......(Md.) and another……………Petitioners Vs. Jinnatul Ferdous and others.………….Opposite Parties Judgment May 4, 1999. Result: The Rule is made absolute. Cases Referred to- Abdul Hamid Vs. Abdul Jabbar, 34 DLR (AD) 208; Devaki Amma Mookambi Amma Vs. Meenakshy Amma, ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ......we do not find any illegality committed by the learned Subordinate Judge in passing the impugned order occasioning failure of justice so as to justify interference by this Court exercising revisional power under section 115(1) of the Code of Civil Procedure. In the facts of the case, we, therefore, ......lu Mia………………..Petitioner Vs. Md. Nazrul Islam and others………………….Opposite Parties Judgment August 1, 1999. Result: The Rule is discharged. Cases Referred to- Md. Shahidul Alam Khan and others Vs. Md. Gulzar Alam and others, 1984 BLD 21 = 36 DLR 290; M......harged without any order as to cost and the order dated 14-9-92 passed by the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1992 is affirmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at..Category: Procedural Law | Date: | Hits: 67
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483....... objector, submits in reply that— (1) review application in question is not entertainable as this Court has no jurisdiction to review its own order, and (2) even if this Court is considered to have power of review under Order 47 rule 1 of the Code of Civil Procedure, since the grounds raised in th......ide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483.......ise closed and concluded by a proper hearing, vide 48 DLR (AD) 178. Hence the instant review application must fail as not maintainable. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 483...Category: Company Law | Date: | Hits: 186
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......rity. He further submitted that petitioner having not agreed to the proposal of respondent No.4, Developer for development of waqf land his removal by the respondent No.2 is in colourable exercise of power to award-contract to the said respondent and, as such, the impugned order should be declared w......” For Respondent No.2. Writ Petition No. 1712 of 1998. Judgment Kazi Ebadul Hoque J. - This Rule was issued at the instance of the petitioner Md. Serajuddin Shah calling upon the respondents to show cause as to why Memo dated 6-4-98 issued by respondent No.2 Administrator of Waqfs removing ......, is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479...Category: Trust/Waqf Law | Date: | Hits: 142
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......Judgment May 9, 2002. Result: The Rule is made absolute. Lawyers Involved: Amir‑ul Islam with Aminur Rahman, AdvocatesÂ- For the Petitioner. ABM Waliur Rahman Khan, Assistant AttorneyÂ-General‑ For the State. Criminal Miscellaneous Case No. 5106 of 2002. Judgment M......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572....... Republic of Bangladesh (the Constitution) nor the same created any right in favour of the petitioner, so the same was not implementable by way of mandate by the High Court Division in exercising its power under article 102 of the Constitution. The learned Deputy Attorney General has further contend......ers………............Petitioners Vs. Md. Shafiqur Rahman……..........................................Respondent Order June 23, 2011. Result: Leave is granted. Case Referred to- Md. Hanifullah and others Vs. Secretary, Ministry of Finance, the Government of Bangladesh vi......ment of Bangladesh and others………............Petitioners Vs. Md. Shafiqur Rahman……..........................................Respondent Order June 23, 2011. Result: Leave is granted. Case Referred to- Md. Hanifullah and others Vs. Secretary, Ministry of Finance, the G..Category: Employment/Service Law | Date: | Hits: 86
Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)
....receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289.......ial after the suit has been disposed of on merit. If the appellate Court finds that additional evidence is necessary for pronouncing a proper judgment or for any other substantial cause, it has ample power under Order 41 rule 27 of the Code of Civil Procedure to take such evidence himself but that c......ated 31-8-86 passed by the Munsif, Sherpur in Partition Suit No.28 of 1984 decreeing the suit. By this impugned judgment the learned District Judge allowed the appeal and sent back the case on remand to the trial Court for a fresh trial. Being aggrieved by the aforesaid judgment and order, the defen......d, if found necessary, by taking additional evidence. The learned District Judge is also directed to dispose of the appeal within 3 months from the date of receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. ..Category: Property Law | Date: | Hits: 75
Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)
....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......einvestigation by the CID at the instance of the charge sheeted accused in violation of the aforesaid laws. We brought to the notice of the DIG CID and Secretary Cabinet Division about such misuse of power by the CID or the Magistrate in Criminal Revision No.447 of 1989 by sending copy of our judgme...... Ali Akbar (Md.)………………..Petitioner Vs. State and others …………………….Respondents Judgment 14 May, 1998. Result: The Rule is discharged. Cases Referred to- 47 DLR 478; 47 DLR 420; Abdul Aziz Vs. Sekand Ali, 50 DLR 111. Lawyers Involved: Khursh......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..Category: Criminal Law | Date: | Hits: 64
....respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261.......vorces (Registration) Act, 1974 which has no manner of application in case of the petitioner. Another contention has been raised in Writ Petition No.2341 of 1998 to the effect that Government has no power to give temporary appointment of Nikah Registrar directly without the applications being proce......cretary, Ministry of Law, Justice and Parliamentary Affairs, and others………………....Respondents.
Judgment
February 24, 1999.
Result:
The Rules are discharged.
Cases Referred to-
Bangladesh Vs. Azizur Rahman, 46 DLR (AD) 19 paragraph 17; Shafiqur Rahman Vs. Idris Ali, 37 ......s has been made in public interest. Since marriage registrar is appointed by issuing a licence only, it cannot be said that he acquired a vested right to continue for the entire area for which he was granted licence originally. Since some areas have been curtailed from the areas from the jurisdictio..
Category: Civil Law | Date: | Hits: 89
State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)
....iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......8. Result: The Criminal Miscellaneous Case is disposed of and the opposite party is exonerated from the charges brought against him. Lawyers Involved: Mansurul Hoque Chowdhury, Deputy Attorney-General with MA Rouf Assistant Attorney-General Moshfiqur Rahman, Assistant Attorney-General ......lf of the appellant of Criminal Appeal No.94 of 1987. When the matters appeared before the regular Division Bench on re-opening of the Court after the vacation for confirmation of the ad interim bail granted to the accused appellants of those two appeals by order dated 29-5-89 Division Beach rejecte..Category: Criminal Law | Date: | Hits: 92
....˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......April, 1984 and served as Assistant Director (Physically Handicapped) and served in that capacity upto 1st of June, 1984. Subsequently, he was made Private Secretary to the Minister for Labour and Manpower with effect from 2-6-84 and ever since he had been discharging his duties and responsibilities......ngladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents
Judgment
November 4, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
42 DLR (AD) 214; Bangladesh Vs. AK Al-Mamun and others, 1 MLR (AD) 1996 161; Madras Vs. AR Sr......˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248...
Category: Employment/Service Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural ElectriÂfication Board and another, 1991, 20 CLC (HCD)
.... him on 4.8.87. Several years have passed since the filing of the writ petition but the petitioner has not yet received any reply to his review petition. Further, this power to review by the Board is discretionary power and it does not confer any right on the petitioner for effective remedy. Therefo......n and the affidavit was sworn by him on 4.8.87. Several years have passed since the filing of the writ petition but the petitioner has not yet received any reply to his review petition. Further, this power to review by the Board is discretionary power and it does not confer any right on the petition......the Petitioner. Md. Abdur Rashid, Advocate ‑ For the Respondents. Writ Petition No.406 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have be......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ..Category: Employment/Service Law | Date: | Hits: 65
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......thers…………………Petitioners Vs. Golam Rasul and others…………………Opposite Parties Judgment November 24, 1991. Result: The Rule is made absolute. Case Referred to- Administrator, Delta Construction Vs. Chairman, 2nd Labour Court, 28 DLR 365. Lawyers Invo......dge the plaintiffs preferred appeal before the learned District Judge, Khulna who by his order dated 30.1.91 allowed the appeal setting aside the Judgment and Order of the learned Assistant Judge and granting injunction in favour of the plaintiffs. Being aggrieved by the aforesaid judgment and order..Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......eption has been made in respect of a final order under Order IX rule 13 CPC. In both cases appeal will be to the High Court Division. There is room for argument that both the appellate and revisional powers of interference with any "order" interlocutory or otherwise, is expressly barred by section 6......€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition is summarily rejected. Cases Referred to- Kazi Gowaherul Islam Vs. Standard Co‑operative Society Ltd., 50 DLR 333; Sultana Jute Mil......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350....... the lease. The observations made by the Appellate Division on which Mr. Haque relied are as under: "Whether the suit property is abandoned property or public property is immaterial. So far as the power to lease it is concerned, both kinds of property can be dealt with and disposed of by the gove......€¦â€¦......... Petitioner Vs. Md. Kashem and others………………………....Opposite–Parties Judgment March 20, 2002. Result: The Rules are made absolute. Cases Referred to- BCR 1983 (AD) 46 [Md. Kashem Vs. GoB]; Mrs. Husna Mansur and others Vs. Secretary Ministry of......€‘9‑1980 and within the said time the plaintiff was asked to vacate the suit property. After cancellation of the lease of North Bengal Sugar Mills Ltd. defendant No. 5 applied to the government for granting it lease for 99 years and accordingly, the same was granted to it on 13‑3‑1975. As per ..Category: Property Law | Date: | Hits: 122
56125610560556045600559755955593559255885586558355775576557455725569556555635561