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Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ignated as a civil Court in the Adalat Act, which is a special law, is not a Civil Court established under the Civil Courts Act, 1887 and that it is not a civil Court having jurisdiction of a general nature; (c) that there being no provision in the Adalat Act for moving the High Court Division again..Category: Banking Law | Date: | Hits: 168
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 ...... matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ht is a civil proceeding, whatever may be the source of die Court's jurisdiction invoked for enforcement of such a right ......…….Whether a proceeding is civil or not depends on the nature of the subject matter of the proceeding and its object, and not on the mode adopted or th..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries 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 ......h the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......urther alleged that the petitioner has apprehension that the Mill will be transferred to a third party at the instance of certain interested quarters. Accordingly, it prayed for a direction in the nature of mandamus on the respondents for delivering the possession and management of M/s. Mohamma..Category: Constitutional Law | Date: | Hits: 157
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......94) 133 ......h the avoidance of decree against the minor can be allowed". It was further stated that negligence in order to be good ground for the avoidance of a decree must be of such a nature as to justify the inference that the minors' interests were not at all protected and therefo..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ...... both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......9 DLR(SC) 311 this court observed as follows : "In exercising this power, the court would no doubt, be reluctant to allow such an amendment which would have the effect of totally altering the nature of the suit, or take away a valuable right accrued by lapse of time, but where in the circum..Category: Tenancy Law | Date: | Hits: 81
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 ......s also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......ourt No. 4 at Comilla under sections 147/148/149/448/380/323 of the Penal Code and eventually discharged by judgment and order dated 4.3.84 on the ground, among other, that the case was of a Civil nature. Upon review 6 the said judgment the CMLA, however, by his order dated 20.1.85 found the app..Category: Constitutional Law | Date: | Hits: 174
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 ......rt under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......l Principle as well as by section 61 of the Sale of Goods Act and also compensation under section 73 of the Contract Act. Our conclusion was; "The general principles governing interest of this nature, as elaborated above, are that (interest for this period is payable when) the principal sum..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ....... 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But it can never be considered to be a good ex..Category: Administrative Law | Date: | Hits: 143
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 ......de. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......965 (All) 300 Where a general expression is expressed and the Act expresses also a particular intention incompatible with the general intention, the particular intention is to be considered in the nature of an exception (Reference in this connection may be made to the case of Venkatesen Vs. Nikh..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......esent case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......sion on the question of law already settled. From the reasons cited by the High Court Division for disobeying our decisions it appears that the learned Judges did not care to distinguish the scope, nature and extent of jurisdiction prescribed in sections 439 and 561A. The former confers revision..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. ...... This Case is also Reported in: 46 DLR (AD) (1994) 63. ......nnexure 'E' to the writ petition it appears a notice under section 6 was served upon the persons interested in the property to appear before the authorised officer by January 22, 1985 for stating the nature of their interest in the property and the amount and particulars of their claims to compensat..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....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. ......certainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......nterest for the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of price of goods supplied. The general principles governing interest of this nature, as elaborated above, are that the principal sum is definite, payable at a definite time and ..Category: Business or Commercial Law | Date: | Hits: 128
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.......ourt Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Rear Admiral AA Mustafa..........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment ......e Rules, the Government may retire any officer at any time without assigning any reason whatsoever." The rule clearly excludes the application of principle of audi alteram partem. In view of the nature of the job the naval personnel's function, this law can not be termed as unreasonable and it ..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......gular Pay‑Scales as in the case of regular appointments and their terms were extended from time to time beyond six months and in some cases these continued without any break for several years; the nature of such appointments clearly indicated their continuance for indefinite period. These appoint..Category: Employment/Service Law | Date: | Hits: 97
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. ......f 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. ......therwise proved, then at the age of 15, will be applicable in determining the minority or otherwise of the victim in a case like this. It has come to our notice that in several other cases of similar nature, the High Court Division made reference to the Majority Act (Act IX of 1875) and the Guardian..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. ...... Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......t toe the line of his capricious boss. We are fully aware of the fact that the main function of the Bangladesh Bank and for that purpose of any other statutory body or corporation is commercial in nature and their affairs are to be run from commercial point of view and for that purpose the proce..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......sh the structure, if any, already constructed. Ed. ......e in which most of the people are living in metropolitan or urban areas choked by traffic, poisoned by water, suffocated by smog, deafened by noise and terrorised by crime. Restoring nature to the natural state is a cause beyond party and beyond factions. It has become a common ca..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......dge. Accordingly, the appeal is dismissed with costs. Ed. ......sinterested witnesses and that evidence of the said witnesses, particularly of the evidence of PW 2, is contradictory, that PW 2 though claimed himself to be a witness of the bainapatra but his signature in the bainapatra and the deposition-sheet is discrepant, that from the analysis of the evid..Category: Property Law | Date: | Hits: 59
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......er, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... decision of the lower appellate Court. 6. Dr. Rafiqur Rahman, the learned Counsel, appearing on behalf of the leave petitioners argued that the High Court Division totally misconceived the nature of the dispute of the case, in view of the fact that SA record admittedly stands for 6 (six..Category: Property Law | Date: | Hits: 43
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......s disposed of in the light of the Judgment in the appeals. Ed. ......Ltd and also the Printer. Publisher and the Editor of the dally Ittefaq the moment he assumed the office of the Minister. They further submitted that the provision of Article 147(3) is mandatory in nature and hence the bar created by sub-Article (3) of Article 147 against holding the office, pos..Category: Civil Law | Date: | Hits: 103
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