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SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....feel that it is firmly well settled that in case of fraud on a party the only remedy is in a suit. As to the cases where fraud is committed upon the Court as well as the parties, the consensus of judicial opinion appears to be that the Court has inherent jurisdiction to interfere in exercise......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......that he would get back the full use of his left leg. He cannot work as bus conductor as it involved standing for a long time. He further stated that the appellant had lost 80 percent of the normal functions of the left leg permanently and, according to the witness, the appellant, therefore, lost..Category: Labour and Industrial Law | Date: | Hits: 118
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....e has taken extraneous matter into consideration and disbelieved the witness. The court of law should be governed by the evidence on record and shall not take any extraneous view on any matter in its judicial decisions. It is true that PW 6 who is also one of the mukabala witnesses has stated that h......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ...... 2 acted illegally and in excess of this jurisdiction in not according the registration of the document in July, 1965 when the deed was presented for registration after he had complied with all the functions and formalities as required under the provisions of the Registration Act. He further cont..Category: Property Law | Date: | Hits: 73
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......based on a reasonable classification. It appears to us to be obvious that the legislative policy is to exclude the same set of persons to manage, control, regulate and monopolize the policy-making functions of capital- generating financial institutions, A textile manufacturing company is generat..Category: Business or Commercial Law | Date: | Hits: 106
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
.... Judgment ATM Afzal CJ.- Bashu Dev Chatterjee of village Batra, PS Nagorpur, District Tangail whose minor daughter Suma Chatterjee was alleged to have been kidnapped on 4-3-97 and who is now in judicial custody in the Tangail District Jail is the appellant in the present appeals by leave and a......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....t the appellant ha already undergone the sentence till rising of the Court and for the last four years he has passed his days in agony. His promotion has been withheld for four years. He is a good judicial officer and his annual confidential report is otherwise unblemished. If the conviction is ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ......e impugned judgment of the High Court Division and accordingly this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 228. ..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....il Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure.” 30. In the vein of this decision there are numerous decisions, some of th...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
.... it cannot be said that ferry ghat does not include ‘nowka ghat’ Accordingly, the contention of the learned Advocate that ferry ghat does not include nowka ghat fails. It is settled by judicial pronouncement in the case of Dr. Mohiuddin Farooque vs Bangladesh & others 49 DLR (AD)......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ..Category: Constitutional Law | Date: | Hits: 126
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....by the High Court Division will be operative ever since the amended Article 116 is in operation…….(10) (ii) We declare that all posting of all persons as Magistrates exercising judicial functions not made in consultation with the Supreme Court before 16-6-1999 stand validate......h Court Division will be operative ever since the amended Article 116 is in operation…….(10) (ii) We declare that all posting of all persons as Magistrates exercising judicial functions not made in consultation with the Supreme Court before 16-6-1999 stand validated, and all..Category: Employment/Service Law | Date: | Hits: 72
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....72 Article 134 (i) As malafide vitiates every exercise of power, a malafide exercise of pleasure by the President under Article 134 of the Constitution can be brought within the purview of judicial review, if the other provisions of the Constitution are not a bar………&......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....blic expense, time, etc. If a superior court disposes of a criminal matter, more particularly a criminal appeal of such a great importance in such a light hearted manner without any application of judicial mind, then that will have a demoralising effect on the subordinate judiciary in disposing ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....sh vs. AKM Zahangir Hussain, 34 DLR (AD) 173 the High Court Division held that the Army Act, Army Act Rules and Army Regulations under which the four Notifications were issued are not amenable to judicial review under Article 102 of the Constitution. 5. Mr. AR Yousuf, learned Counsel fo......r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ..Category: Employment/Service Law | Date: | Hits: 77
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....t of law for deciding the nature of the alleged transaction. 19. For the reasons stated above we are of the opinion that the learned Judges of the High Court Division failed to apply their judicial mind on the evidence on record in setting aside the positive finding of the trial Court an......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....lute, arising out of an order dated 8-7-98 passed by Sessions Judge, Brahmanbaria in Criminal Motion No. 10 of 1986 setting aside the order of Sessions Judge, and directing the Magistrate to hold a judicial inquiry into the Narajee petition filed by the informant. 2. Informant Jalaluludi......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..Category: Criminal Law | Date: | Hits: 66