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Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......levant ones will be taken into consideration. 8. A question arose under Article 98 of the then Constitution of Pakistan as to whether the High Court in its writ jurisdiction was competent to review its own decision under section 114(b) of the Code of Civil Procedure. The Supreme Court of P..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......ergent meeting on 11 January 1987. The plaintiff received the notice duly on 10. 1.87. He deliberately remained absent in the meeting held on 11.1.87, although he attended the school on that date. On review of the allegations made against the plaintiff the School committee unanimously decided to pla..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquittal into one of conviction in exercise of his power of review under Regulation 3(4) of the Martial Law Regulation No. 1 of 1982 (MLR No. 1/82) conferring..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......he High Court Division misappreciated the decision reported in 44 DLR (AD)1. That was a case where the main question was whether a monthly tenancy is heritable, and in that decision it was held after review of our judgment in 32 DLR (AD)171, that a monthly tenancy is heritable. In that decision it w..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....tition for leave to appeal No. 346 of 1992 were heard together and are now disposed of by this judgment. 2. In CA No. 24 of 1992 the appellant, as Assistant Judge in the Bangladesh Civil Service (Judicial), was found guilty for antedating the date of the hearing of a proceeding in his court. Aft...... are allowed. The Civil Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Where there is no provision for appeal, and where under review the President has extensive power to make any order as he deems fit, a Government servant wil..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......‘1960. On October 18, 1983 possession of the said land was handed over to the owner Tarini Kanta Das' Respondent No. 1, thereafter, filed an application before the Joint Secretary of the Ministry for review of the ex parte order dated July 10, 1983. The review petition was contested by Tarini Kanta ..Category: Property Law | Date: | Hits: 69
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......Normally, if there is a specific provision in the statute giving concurrent, alternative or equal power to an inferior or superior authority or Court the superior authority or Court could revise or review the order passed by the inferior authority or Court, if it is so provided by a provision in ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
.... any other evidence and consequently the conviction was based on 'no evidence' which could be quashed by the High Court Division in exercise of its inherent power under section 561A. 9. The Judicial Committee of the Privy Council‑in the case of Emperor Vs. KA Nazir Ahmed, AIR 1945 P......t's inherent power. The inherent power may be invoked independent of powers conferred by any other provisions of the Code. This power is neither appellate power, nor revisional power, nor power of review and it is to be invoked for the limited purposes such as to give effect to any order under t..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....for the two subsequent periods as usual. The High Court allowed interests for all the three periods, as mentioned in section 34 CP Code, including the period prior to the institution of the suit. The Judicial Committee of the Privy Council rejected the claim of interest for the pre‑suit period (fr......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... authority to pass such an order? The answer, we have no manner of doubt, must be in the negative. The principle which compels the said answer is as will established as it is rooted in antiquity. The Judicial Committee in the case of Sarat Chunder Dy Vs. Gopal Chunder Laha, Indian Appeals (1891‑92...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......Bangladesh, was retired by the order of the President from his service in the Bangladesh Navy under Rule 14(5) of the Navy Rules, 1961. By an order dated July 7, 1991 the petitioner's application for review was rejected. The petitioner unsuccessfully challenged the two orders in his Writ Petition No..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ...... Mustafa Kamal J.- These two petitions were admitted for review of the judgment of this Court dated 28.3.84 passed in Civil Appeal Nos. 31 and 32 of 1993. ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....say is that a Judge of the Supreme Court even after retirement remains a Judge and when a provision has been made in Article 99 of the Constitution for appointment of a retired Judge only in "Judicial or quasi-Judicial office" where independent and impartial dispensation of justice is ......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e. In other words, the learned Counsel has tried to invoke the "doctrine of severeability" as explained in Cooley's Constitutional Limitations, Vol. 1, p. 366, Dr. Wyness's Legislative, Executive and Judicial Powers in Australia, P.47, Seervai's Constitutional Law of India para. 3.10 and the case re......This rule is to be read with Rule 5 which says “notwithstanding anything contained in these rules, seniority rules specifically framed for members of any service shall prevail". Rule 6 provides for review of the cases of seniority saying "the Government reserves the right to review any case of sen..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....ined with reference to facts which are likely to be disputed, the court must make the exercise under section 5 of the Limitation Act before admitting the appeal with notice to respondent. 12. The Judicial Committee in Krishnasami Vs. Ramasami, 41 Madras 412 (PC) and Sunderabai Vs. Collector, 43 ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......ice passed by the Parjatan Corporation were challenged on different grounds but no ground as to inconsistency with Article 27 was taken. After the decision was given in that case an application for review of our judgment was filed by an Advocate other than one who had appeared before us in the a..Category: Administrative Law | Date: | Hits: 149
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