Search Options
Judgment Advanced Search
Displaying 1921-1940 of 3933 results.
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ......me Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Matin J Afzal Hossain Ahmed J KM Akhtaruzzaman........................Appellant Vs. Agrani Bank and others.................Respondents Judgment June 18, 2003. Result: The appeal is all......d because it appears from the reading of section 9 that a prior notice thereunder is a sine qua non for a suit under section 10. Accordingly, it is held that this suit is not maintainable for want of proper service of notice under section 9 of the Act. 12. It is true that by an additional written......amed, Advocate-For the Respondents. First Appeal No.114 of 2003. Judgment Md. Abdul Matin J.- This appeal under section 96 of the Bankruptcy Act, 1997 is directed against judgment and order (adjudication) dated 27‑1‑2003 passed by the Additional District Judge and Bankruptcy Court, Dhak..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....003, the goods were inspected by the PSI Agency on 9‑12‑2003, the CRF certificate was issued on 26-1‑2004 and the bill of lading was issued on 29‑12-2003, i.e. the process of import was completed before the imposition of the bar by the SRO in question, therefore, the petitioner acquire......& others.................Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- A Hannan Vs. Collector of Customs, Customs House, Chittagong and others, 40 DLR 273; Collector of Customs, Customs House, Chittagong and others Vs. A Hannan, 42 ......t dated 27‑1‑2004 should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that the petitioner in course of ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
....n statement. Mr. Deb also submits that the amendment of the written statement could not be allowed for the purpose of determining the real question of controversy between the parties by introducing a completely new and alternative case from the one put in the original written statement. In support o......ision
(Civil Revisional Jurisdiction)
Present:
Bijan Kumar Das J
Abul Kashem Al-Asad………………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties
Judgment
June 22, 2004.
Result:
The Rule......10‑6‑2002 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.31 of 1999 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. The petitioner as plaintiff instituted Title Suit No.142 of 1991 in the Court of the S......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
....d 3‑4‑1996 passed by the trial Court in accordance with the general order and it was renumbered as the Title Suit No.28 of 1996 in Muktagacha and on 24‑6‑1996 the examination of the PW1 was completed and he was discharged. The PWs2‑5 were also examined on that date and discharged, thereb......urt High Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J A Halim (Md.)...............................Petitioner Vs. Mafijul Islam Tarafder alias Kalu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is mad...... had allegedly inherited from their father and though the plaintiff claimed that in a family arrangements Hamida and Sajeda got 14½ sataks of land and Korban Ali got 131½ sataks out of the schedule property, but the plaintiff could not produce any deed of family arrangements. The plaintiffs statem......f evidence on record whatsoever in my opinion the less talk the better of these two judgments. Roaming on the surface in a civil litigation without assessment of the evidence on record in the name of adjudication of dispute and determination of rights and liabilities of the parties to the suit even ..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ...... expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......No. 84 of 1980 (a proceeding under section 96 of the State Acquisition and Tenancy Act) should not be set aside and/or such other or further order or orders passed as to this court might seem fit and proper. 2. It deserves mention here that during the pendency of this revisional application both......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ..Category: Property Law | Date: | Hits: 79
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......
This Case is also Reported in: 57 DLR (2005) 34.
......ers for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set aside and or pas such other order or further order or orders as to this Court may seem fit and proper.
2. Opposite parties Nos.1‑3 as plaintiffs filed title suit No.12 of 2002 in the Court o......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J One Bank Limited…………................Petitioner (In Civil Petition No.620 of 2011) Vs. Chaya Developer (Pvt.) Limited and others................Respondents (In Civil Petition No. 620 of 2011) Chaya Developer (Pvt.)......ed of the land had been deposited with the Trust Bank, Gulshan Corporate Branch, Dhaka as equitable mortgage to secure credit facilities. The petitioner company, writ respondent No.4 the owner of the property, and Trust Bank entered into a tripartite agreement whereby the petitioner made payment o......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
.... of murder. It is established principle that the circumstances to be relied upon by the prosecution must be fully established and the chain of evidence furnished by the circumstances should be so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the......For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From the judgment and order dated 2.2.2009 passed by the High Court Division in Criminal Appeal No.588 of 1989.) Ju......evidence. At any event, she did not make any statement against the appellant implicating him in the murder other than that the appellant had ill feeling and anger towards his mother as she gifted her property to the informant. The other witnesses are formal. The High Court Division and the learned A......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....worked as an office assistant. His service was terminated under section 19 of the Employment of Labour (Standing Orders) Act, 1965 vide a letter dated 31-12-92 (Annexure—A), enclosed in which was a complete statement showing the amount payable to him as termination benefits and provident fund bene......Present: KM Hasan J Md. Awlad Ali J Shaw Wallace Bangladesh Limited, represented by its Managing Director……………Petitioner Vs. Tofazzal Hossain son of late Abdul Kader, Dhaka and others………………Respondents Judgment August 18, 1997. Result: The Rule is m....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ...... High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Chowdhury J Md. Sirajul Islam J Mustasim Ali……………………..Petitioner Vs. Abdul Motalib and others…………………………Respondents Judgment July 6, 1993. Result: The R......ted in (1922) 2AC 128, delivering the judgment for the Judicial Committee of the Privy Council, had occasion to examine a similar jurisdictional error alleged to have been committed as it was without proper evidence and his Lordship observed in the relevant portion of the judgment thus: "It has b......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
.... not by itself sufficient to oust the jurisdiction of the civil Courts; even the existence of express provision in that behalf coupled with the alternative machinery may not always have the effect of completely ousting the said jurisdiction in all cases, e.g., where assessment is made in respect of ......dgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ...... window of the house of the plaintiffs situated thereon and also may not interfere with their peaceful possession over the same in any way. The plaintiffs case briefly is, that they acquired the suit property by way of purchase and exchange in all 1.73 acres of land and then dug up a tank thereupon ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....doctor of Chandpur for treatment. After medically examining the victim girl, the said doctor found blood still oozing out thinly from her private parts and also in her wearing clothes. He advised her complete rest for a substantial period and issued a certificate to that effect in Ext. 4. Thereafter...... This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......he appellants that when an accused is involved in a sexual offence, conviction should not be generally based against him only on the evidence of the prosecutrix alone and that it is also not safe and proper to rely on such evidence without any corroboration. The above contention of the learned Advoc...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
.... on 7.1.89 where he worked till 15.1.89. He fell seriously ill on 16.1.89. The Authority's doctor considering the serious nature of the disease by his certificate dated 15.1.89 advised the petitioner complete rest and immediate admission in Government Hospital. Prior to his departure for Barisal the......sion (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Wadiuzzaman ………………………Petitioner (In all Writ Petitions) Vs. Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29......ns where the enquiry procedure is not necessary where the competent authority removes ‘an authority servant’ from service on the ground of absence from duty for a period exceeding 30 days without proper sanction of leave. 22. Mr. A. Baset Majumder, the learned Advocate appearing for the petit......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..Category: Employment/Service Law | Date: | Hits: 116
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. .................................Petitioner (In Civil Petition No.1847 of 2010) Chittagong Hill Tracts Regional Council..........Petitioner (In Civil Petition No.1891 of 2010) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Resu....... The writ-petitioner is very much aggrieved by the passing of Acts 9, 10 and 11 of 1998 as certain provisions of these Acts have affected his right of franchise, right to purchase, right to transfer property and the right to contest in various elected posts. The writ-petitioner is further aggrieved......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
State Vs. Maruf Raihan, 2011, 40 CLC (AD)
....ut seven months also in granting bail to him. However, it has been submitted before us by the learned Deputy Attorney General for the State that in the meantime the investigation of the case has been completed and many tangible evidence have been gathered showing involvement of this accused-resp....... Siifia Khatun, Advocate-on-Record- For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 332 of 2011. (From the judgment and order dated 24.04.2011 passed by the High Court Division in Criminal Miscellaneous Case No.34188......dent did not deny the submission of the learned Deputy Attorney General that the investigation of this case has been concluded in the meantime. 8. In the above circumstances, we find it just and proper to leave the matter of granting bail of the accused-respondent to the trial court on consider......asis of materials with the record. With the above observation and direction this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897...Category: Information Technology Law | Date: | Hits: 285
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ...... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......te of 'Elections’ was on 6‑8‑1992 for a period of 2 years expiring on 5‑8‑1994. 3. It has been stated by the defendant Petitioners that due to continual irregularities in the absence of proper elections and democratic norms, the defendant Petitioners applied to the Bangladesh Sarak Par......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
....t connected with agriculture and it is non agricultural land for all practical purposes. It is profitable to cite a case of Lutfun Nahar Vs. Syeeda Hashmat Ara Begum, reported in 21 DLR 633 to find a complete answer to the arguments advanced by Mr. Matin. Their Lordships held in the aforesaid decisi......97) 74. ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..Category: Property Law | Date: | Hits: 52
Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)
....terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......ase is also Reported in: 49 DLR (HD) (1997) 64. ......r sections 435 and 439A of the Code of Criminal Procedure before the Sessions Judge, Rajshahi. The learned Sessions Judge found that the learned Magistrate could not appreciate the evidence on record properly and without giving any cogent ground disbelieved the P.Ws. He also observed that the judgme......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ..Category: Criminal Law | Date: | Hits: 82
....District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
......
Md. Ruhul Amin J
Muklesur Rahman (Md.)…………………………………………………Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others………………………………………………………………….Respondents
......etenu has become without lawful authority for non-compliance with section 8 of the Special Powers Act, 1974.
The learned Deputy Attorney‑General is instructed to send a copy of this order to the proper authorities for their guidance.
Let a copy of this order be supplied to the learned Deputy......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
..
Category: Criminal Law | Date: | Hits: 105
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....e. It has been further submitted that in view of the subsistence interest in the suit land, the presence of the petitioners before the court was necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The learned court b......tely. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ......985 calling upon the opposite party No.1 only to show cause as to why the said impugned order should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts giving rise to the Rule are that the plaintiff‑opposite party No.1 filed a......over the land of Nalu and not the land of Kalu. The fact remains that since the petitioners claimed their subsisting right, title and interest over the land belonged to Nalu, there should be complete adjudication of the same. Mrs. Sofia Khatoon though argued that the petitioners were made parties in..Category: Property Law | Date: | Hits: 47
57535752575157495748574657455739573557315730572657255719571857155714571157105708