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Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....had already completed the roof casting whereas the first Advocate Commissioner in his report dated 22.10.90 stated that only some pillars were partly constructed at that stage upto a few feet. The judicial anger and wrath of the trial Court on such a flagrant and contumacious violation of the Co......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....inister. The House of Lords dismissed the appeal of the applicants. The learned counsel for the appellant, however, asserted that in this case it was held that executive action was not immune from judicial review merely because it was carried out in pursuance of a power derived from a common law......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ..Category: Constitutional Law | Date: | Hits: 203
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....by violated her modesty and forcibly her signature in some blank white papers in order to make valuable documents. 5. The learned Magistrate after examining complainant on 4-3-90 sent the case for judicial enquiry to Mr. Selim Reza, Magistrate, 2nd Class. After examining 5 witnesses Mr. Selim Rez......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......t-books in those stages, the East Bengal Text-Book Act 1954 (East Bengal Act No. XIV of 1954) was enacted under which there was provision for constituting a School Text-Book Board, One of the functions of the said Board was to approve text-books and also to prepare, publish and sell text-bo..Category: Intellectual Property Law | Date: | Hits: 279
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
..... There is nothing to show, he submits, that the appellant Ministry took any contrary decision later on. The High Court Division, he submits, right interfered in the matter and exercised its power judicial review when the Government was not acting reasonably and fairly in dealing with the employ......l the 1007 employees were taken subsequently by the appellant Ministry with a fresh concurrence of the Prime Minister. It appears to us that the final exercise of the Taxes Appellate Tribunal which functions under the appellant Ministerial to recruit afresh and the person on the basis of fresh a..Category: Constitutional Law | Date: | Hits: 161
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....s. They also wrote letters to the company relinquishing their directorship and appellant No. 1 himself executed an acknowledgment dated 31-12-86 for the receipt of the cash consideration upon a non-judicial stamp. The transfer of shares and resignation of the appellants from the directorships wer...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......nly in a managerial or administrative capacity; or who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature. Considering the nature of work attached wit..Category: Labour and Industrial Law | Date: | Hits: 152
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....e said Sangstha. 3. After examining the respondent on oath under section 200 Cr. P. C. the Chief Metropolitan Magistrate sent the petition of complaint to a Metropolitan Magistrate for judicial enquiry under section 202 Cr. P. C. . The report of the Metropolitan Magistrate was receiv......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......d the Single Bench that under Article 58(1) (now repealed) of the Constitution, it was the function of the Prime Minister and other Ministers “to aid and advise the President in the exercise of his functions.” The petitioner was only discharging his constitutional duties in forwarding to the Pre..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
.... succinctly stated by Hamoodur Rahman J. in his inimitable language in the celebrated case of Dhaka University Vs. Zakir Ahmed, 16 DLR (SC) 722 (733-734) “Nevertheless, the general consensus of judicial opinion seems to be that, in order to ensure the “elementary and essential principles of ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......ed provides that the provisions of this Act and the rules made thereunder shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force. One of the functions of BOI shall be, according to section 7(e), “approval and registration of all industrial..Category: Information Technology Law | Date: | Hits: 242
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....t thinks to do so. It is no doubt a discretionary power of the Court as to when a receiver may be appointed in respect of any property but the discretion must be exercised judiciously according to judicial principle and not capriciously. The applicant for appointment of receiver of any property ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....y refer to the case of Ghulam Haider vs. State 9 DLR (WP) 52 PLD 1957 (WP) Lah. 519. In the said case their Lordships observed to the following effect: "There is some conflict of judicial authority as to whether an omission in such a statement can be utilised. But on one point......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....re arrested by the Investigating Officer on 25.7.62. Accused Lutfor Fakir was produced before PW 11 Mr. SNH Shamsuzzaman. Magistrate, 1st Class, on 26.7.69 at 2.30 pm. The accused appellant made a judicial confession of his guilt before the said Magistrate on that day. After completing the inves...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
.... on the plaintiff to eject the defendant before the onus is shifted to the defendant to prove that he has a right of permanent occupancy." In the said case their Lordships of the judicial Committee of the Privy Council also observed that in a case where it is either admitted or......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
.... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ...... learned Sessions Judge directing that the petitioner be committed to the Court of Sessions for trial is set aside. Let the records be sent down expeditiously to the court concerned. Ed. ..Category: Criminal Law | Date: | Hits: 82
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....ash Choudhury PLD 1957 (SC) India 446, where after an exhaustive review of cases it was held that the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of judicial proceedings all connected by an intrinsic unity and are to be regarded as one legal pro......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86