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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. ......1970.  Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain an......e works were allotted to him. It was stated in this letter that as per order of the Project Director vide his memo No. 964(3) dated 23.2.1961 the rates of the works were modified and the same were reduced by curtailing entirely the rate for item Nos. 2 and 3 which was to be included in item No. ..

Category: Others | Date: | Hits: 98

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. ......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. ......bsp;   Vs. Chairman EPRTC.... ............Respondents Judgment March 24th, 1970. Cases Involved: Muslim Cotton Mills (Pakistan Industrial Development Corporation vs. Din Islam 11 DLR 165; Agent, East Indian Railway vs. Maurice Cecil Ryan, AIR 1937 C......such, the respondent was not liable to give any compensation to the appellant. The respondent further contended that the appellant did not suffer permanent disablement nor was his earning capacity reduced in any way. The respondent contended that a sum of Rs. 300.00 was paid to the appellant aft..

Category: Labour and Industrial Law | Date: | Hits: 118

State Vs. Shiraj Ali, 1972, 1 CLC (AD)

....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. .......................Petitioner Vs. Shiraj Ali.................................... (Condemned Prisoner) Judgment January 26, 1971. Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 Lahore 474, PLD 1960 Lahore 111. Lawyers Involved: A Talukdar with Daliluddin Ahmed—For Condemn......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..

Category: Criminal Law | Date: | Hits: 81

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. ......DLR) 155; Kalikesh Biswas and others vs Gheasuddin Ahmad and others 75 DLR Dacca 330; Kiron Chunder Roy vs Naimuddin Talukdar ILR 30 Cat. 498; Jogendra Narain Roy Chowdhury vs Kiran Chandra Roy reported in ILR 46 Cal 730; Najemodeen Moonshi vs Syed Hasan Hyder Chowdhury (1905) 9 CWN 852 ; Wahid ...... 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

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

....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. ......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. ......llip;…….. Respondent Judgment March 4, 1999. The Contempt of Courts Act, 1926 (XII of 1926), Section 2 The Court will not hesitate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential with regard to the......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

Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)

....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ...... (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Involved: Mansur Habib, Advocate, instruct......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..

Category: Tenancy Law | Date: | Hits: 62

Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)

....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. ...... said file on 4-6-199 1 that he had considered both the Reports and accepted them. In the light of those Reports, he then ordered under Rule 14(5) of the Navy Ordinance Rules that the petitioner be retired from service with immediate effect. 6. Mr. Ajmalul Hossain, learned Counsel for th...... provisions of the Constitution are not a bar…………………(7) (ii) There is no basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fau......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

Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)

....In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ......reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Managing Director, Janata Bank …………………..Petitioner Vs. Md. Bazlur Rahman and others ………......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ..

Category: Employment/Service Law | Date: | Hits: 98

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ......dur Rouf J                   Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh …………&hellip......each in default to suffer RI for 6 months more each. Their conviction as well as that of accused Abdul Malek and Abdul Majid under section 148 of the Penal Code were affirmed but their sentence was reduced from 3 years RI to 2 years RI and all the sentences were to run concurrently. All the other..

Category: Criminal Law | Date: | Hits: 80

Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)

....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. ......nbsp;                   August 25, 1998.     Cases Referred to- Major (retired) AFM Hafizur Rahman vs. the Government of Bangladesh, 29 DLR 34, Rear Admiral AA Mostafa vs......bsp;                    August 25, 1998.     Cases Referred to- Major (retired) AFM Hafizur Rahman vs. the Government of Bangladesh, 29 DLR 34, Rear Admiral AA Mosta......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

Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)

....the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......the mind of the Subordinate Courts and the people at large. With these observations, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 99. ......ure, 1908 (V of 1908), Order XIV, rule 1 Learned judges of the High Court Division indulged in the discussion on polygamy in Islam totally unnecessary which was neither an issue in the suit nor required to be decided in the context of pleadings of the parties. In the circumstances of the ......trial Court decreed Taka 60,000.00 as prompt dower, Taka 4,500.00 as maintenance allowance and further Taka 500.00 per month for the same purpose. On appeal, however, the amount of prompt dower was reduced to Taka 40,000.00 whereupon the respondent took a revision, Civil Revision No.4591 of 1995,..

Category: Family Law | Date: | Hits: 158

GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)

....e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ......ers ……………Respondents Judgment February 14, 1999. The Shops and Establishments Act,1965 (XXVIII of 1965) Sections 8 & 9. The Factories Act, 1965 (VI of 1965), section 58 Section 8 merely prescribes the maximum number of h......ka in which it was agreed upon in respect of working hours/days in a week that the existing six working days in a week shall continue and that the existing hours of depot terminal workers shall be reduced from 48 hours to 44 ½  hours. 4. After the said settlement, the appell..

Category: Labour and Industrial Law | Date: | Hits: 134

SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)

....dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ......Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury A M Mahmudur Rahman J SM Monirul Islam, Proprietor of Viva Trade International……….. Petitioner Vs. MV You Bang, now berthed at Mongla Po...... The plaint was admitted on 24-12-98 and the Admiralty Court ordered arrest of the ship on condition that security be given for Taka 6-1/2 crore for its release. The plaintiff-petitioner accepted the reduced amount of security. The ship owner’s agent filed an application for release of the ship on..

Category: Admiralty Law or Maritime Law | Date: | Hits: 235

Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)

....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......t, 1872 (I of 1872) Section 56 Question of admissibility of certified copy of Kabalas fabricated was negativated by the courts below. The plaintiff having been successful in proving that the original Kabalas were lost it cannot be argued that the inadmissible evidence were relied upon as ......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..

Category: Property Law | Date: | Hits: 72

Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)

.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......p;                       Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on- Record — For the Petitioner (In ...... 10,000.00 each, in default, to suffer rigorous imprisonment for three months more on 5-3-92 by the Senior Special Judge, Jhalokati in Special Case No.4 of 1989. The learned Single Judge, however, reduced the sentence of Mawlana Abdul Hye (petitioner of Criminal Petition No. 103 of 1997) to six ..

Category: Criminal Law | Date: | Hits: 67

Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)

....;                     Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......;                     Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division has interfered with the finding of fact by the last court of fact and such interference is based on detecting error apparent on the face of the record resulting in failure of justice, this court finds no ground f......;                     Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..

Category: Property Law | Date: | Hits: 45

Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)

....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......ation war, Afaq Ahmed Khan had to shift himself along with other family members from his said Dhanmondi House to other places in Dhaka City for the safety of their lives. Afaq Ahmed Khan on being retired from government service as the District Controller of Food got himself enrolled as an Advoc......The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of the Constitution shall not be entertai......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..

Category: Property Law | Date: | Hits: 48

Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)

....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judgment&n......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..

Category: Business or Commercial Law | Date: | Hits: 99

Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)

.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......st the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. The learned single judge was not correct in holding that there was no cont...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..

Category: Property Law | Date: | Hits: 52

Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....ds and is, accordingly, allowed. There will be no order as to costs.   Ed.   This Case is also Reported in: 51 DLR (AD) (1999) 1.   ......ds and is, accordingly, allowed. There will be no order as to costs.   Ed.   This Case is also Reported in: 51 DLR (AD) (1999) 1.   ...... 102 (2) (b)(i) The power of the Supreme Court in making scrutiny of executive acts never recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the state and the gov...... High Courts be expected to be satisfied on the mere ipse dixit of the detaining authority? If this could be so, then this “judicial power” would, as pointed out in that case, be “reduced to a nullity if laws are so worded or interpreted that the executive authorities may make w..

Category: Constitutional Law | Date: | Hits: 191