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Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....tute barring Civil Court's jurisdiction in a case it still got power to see whether the tribunal was constituted according to law or whether it had followed the provisions of law and observed the fundamental judicial procedure or whether it acted bona fide. 7. In the instant case the respo...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....the appeal for four years for addition of defendant No.2 as a party respondent. 17. Before parting with the case it may be mentioned that the point involved in this appeal king so elementary and fundamental, the assistance which was expected from Mr. Moinul Huq appearing as Amicus Curiae was no......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....d July, 1980. It is asserted that the High Court Division wrongly gave the date of the registration of the pre-emptee's kabala as 18th April 1979. It is contended that the date of execution is of fundamental importance under section 47 of the Registration Act, 1908 and the pre‑emptee’s h...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....of the validity of the otherwise present legal order of detention. With great respect, we fail to agree with this view. We cannot take a too technical and legalistic view on one of the most cherished fundamental human rights, that of liberty of an individual. Only a valid order of detention or a val......is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....An adverse finding against a defendant when the suit is dismissed is not res judicata in a subsequent suit interparties. But if the adverse finding is actually the decision of the suit and it forms a fundamental part of the decree, then it will operate as res judicata. Adverse finding against the de...... first case he has referred to is Midnapore Zamindary Co. v. Naresh Chandra Roy, AIR 1922 PC 241. In that case a landlord sued his tenant for khas possession but the tenant took the plea of occupancy right. In a previous suit by the landlord's father against the tenant the same plea of his occup..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....luded, the Civil Courts have jurisdiction to examine into cases where the provisions of the Act have not been complied with, or the statutory tribunal (authority) has not acted in conformity with the fundamental principles of judicial procedure." In this case we have shown that the detai&s......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Dy. Secretary, Ministry of Commerce Vs. Nizamuddin Haider, 1984, 13 CLC (HCD)
....xcluded, the Civil 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." From the observation of the Privy Council q...... without any order as to cost. The stay of operation of the impugned order passed by this court on 2.8.84 is vacated. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 102. ..Category: Civil Law | Date: 31 Oct, 1984 | Hits: 2
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....rom to 16-4-80 to 21-4-80. Nor is there any admission by any P.W. that she was tortured, beaten, threatened and induced to make the confession. 10. Mr. Azizul Haque, however, has raised the most fundamental objection against the admissibility of the confession Ext.4 in that it was not recorded ....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
.... the learned Addl. District Judge failed to grasp the true import of assertion of a right so as to be admissible under Section 13 of the Evidence Act. It is well settled now that there is a fundamental distinction between a mere recital and an assertion. 13. A right is not asserted si......tal and an assertion. 13. A right is not asserted simply because it is recited in a certain document. It is asserted only when the transaction concerned is itself entered into in exercise of the right. For example if a tenancy is not transferable unless it is of a permanent character, a transfe..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....een final; but this is not the case here as the parties led documentary evidence as well in support of their respective claims. 11. Syed Ishtiaq Ahmed's main contention is that the fundamental question involved in this case is a question of fact and that in view of the establ......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....person that they have been politically victimised. When the impugned order was passed we had a constitutional Government governing the country under a full fledged Constitution with all the fundamental rights guaranteed under the Constitution in full force. It is beyond our comprehension a......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....peared in person that they have been politically victimized, When the impugned order was passed we had a constitutional Government governing the country under a full-fledged Constitution with all the fundamental rights guaranteed under the Constitution in full force. It is beyond our comprehension a......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....itions of service as contemplated under clause (b) of sub-paragraph (2) of paragraph 10 of the 4th schedule to the Constitution read with Article 150 thereof, must be in conformity with the fundamental rights guaranteed in the constitution; it has been further held therein that any law or ...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....erpretation on the Article already made, but to put the construction so given in its proper context. 3. A reading of the Constitution shows, that Bangladesh Constitution envisages a State, whose fundamental aim is to realise through the democratic process a society, free from exploitation socie......tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....lifications upon which he was appointed in the grade of Executive Engineer and that they have no right of investigation while considering his case for promotion. She has referred to the provisions of fundamental right as provided in Article 29 of the Constitution and has also referred to a decision ......ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....liberation is not only eulogised but in portative manner it was raised to the level of "historic war for national independence." 1971 period was one phase but the struggle continues because fundamental aim of the state is to realise a society in which the rule of law, fundamental human rig......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
.... of the Constitution and also to consider whether the High Court Division was wrong in deciding the locus standi of the appellant to challenge the impugned Order on the ground of infringement of fundamental rights. Mr. Hamidul Huq Chowdhury, Counsel for the appellant, submitted that the impugne......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113