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Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......y;ed with all service benefits by the appellants- employer by an order dated 15 September, 1981. He filed the suit (Title Suit No. 26 of 1987) challenging the termination on the ground of malafide action of the employer. Employer‑ appellants challenged the maintain‑ability of the, su..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ...... express authority to fix the price of salt as an authorised representative of the plaintiff. 15. Mr. Asrarul Hossain submits that Ext. E, read with Ext. S and the contemporaneous actions on the part of the plaintiff suggest that defendant No. 7 had full implied authority from t..Category: Business or Commercial Law | Date: | Hits: 99
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....roved, gives the defendant an immediate right to judgment, must be part of the cause of action." 19. In the same vein Brett J. had earlier held in Cooke Vs. Gill LR 8 CP 107 "Cause of action has been held from the earliest time to mean every fact which is material to be pro......boratory test the goods were found to be of inferior quality. The plaintiff rejected the goods, but for mitigating his loss sold away the same. It was averred in the plaint "that the cause of action of the suit arose on 12th March, 1982 when the Letter of Credit was opened in favour of the ..Category: Business or Commercial Law | Date: | Hits: 124
....tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed.......he appellant appeared and filed an affidavit. He stated that the order of release in respect of Criminal Miscellaneous Case No. 173 of 1988 was received by the jail authority on 20.2.89 and immediate action for release was taken by the jail authority after giving intimation to the Government over te..
Category: Criminal Law | Date: | Hits: 88
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......ar and the other two came to the Union Parishad office. Condemned prisoner Abul Khair alighted from the motor cycle and co‑accused Mainuddin kept himself seated on it keeping the ignition in action. Abul Khair then entered into the room where deceased Safiuddin Chowdhury was working and in..Category: Criminal Law | Date: | Hits: 61
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ......stay its hands till further order and, if it does not do so, it not only acts illegally but will also be liable for contempt of the court that passed the order. There is, however, no doubt that no action for contempt can be taken against an executing court, if it carries on execution in ignoranc..Category: Property Law | Date: | Hits: 98
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......application for registration of the said mark on behalf of Sattar Match Works was pending with the Registrar for a long time that through negligence and carelessness die Registrar had not taken any action in the matter, the learned Judge directed the Registrar of Trade Marks to accord summary re..Category: Intellectual Property Law | Date: | Hits: 227
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......rejected by the High Court Division on an admitted fact that it is the Corporation which itself adopted the Government Servants (Discipline and Appeal) Rules of 1976 for the purpose of disciplinary action against employees of the Corporation and that when the Corporation itself drew the proceedin..Category: Employment/Service Law | Date: | Hits: 68
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......the petition to the Police Commissioner (Annexures X & Y) definite information about commission of a cognizable offence along with the name of the offender was giver with a prayer for necessary action. This was sufficient for the police to move into action. As to a suit for recovery of damage..Category: Criminal Law | Date: | Hits: 79
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......ectorate, Central Circle, Dhaka Cantonment stated that 2.26 acres of land had already been resumed and directed the appellant to vacate the remaining 1.02 acres of land within 22‑6-88 failing which action would be taken under sections 6 and 7 of the Ordinance. The appellant challenged these two no..
Category: Property Law | Date: | Hits: 68
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ...... Report dated 13 April, 1985 lodged by Informant (Ismail Fakir PW 1) alleging that his brother Idris Fakir had been murdered by the appellant, along with others, when his brother had protested the action of the accused persons in taking forcible possession of Idris Fakir's boro paddy land. At ab..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......atute Law of Craies, absolute or mandatory enactments have been distinguished from enactments which are mere directory or enabling provisions; failure to comply with a mandatory rule invalidates an action, whereas, failure to comply with a directory rule does not invalidate an action. We have har..Category: Fiscal/Taxation Law | Date: | Hits: 92
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......ome adverse against the plaintiff who was minor at the date of the will until he attained majority or until a probate was obtained in respect of the Will which could authorise the executor to take action against the invasion of the plaintiffs right. The Will was probated in 1961 and the suit was..Category: Property Law | Date: | Hits: 77
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......e Government of India as the Chairman of the Tribunal was struck down. Some guidelines as to the composition of Tribunal was commended to the Central Government and it was declared that unless prompt actions were taken within the time granted the constitution of the Tribunal as a substitute of the H..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ...... 16. Mr. Asrarul Hossain submits that the plaintiff's main grievance is that when the charge dated 9.9.78 was served on him he was only asked to show cause "why appropriate disciplinary action should not be taken against" him "for dishonesty in connection, with Company's bus..Category: Employment/Service Law | Date: | Hits: 89
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......rred with this finding of limitation, but upon a somewhat different reasoning. He observed that the alleged date of dispossession of the plaintiff was far from truth and as such there was no cause of action for instituting the suit. 15. The learned Judge of the High Court Division, to put it in t..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ...... Mr. Nurullah, learned counsel for the appellants in CA 23/91 have, however, contended that the bill of lading merely represents the goods but the right of property in the goods depends upon the transaction between the parties independent of the bill of lading. 24. In Charlesworth's Mercantile La..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......t has persistently drawn our attention to the merit of the respondent's case. He has pointed out that the appellant had earlier instituted a suit, Title Suit No. 263 of 1976, for the same cause of action and in that the plaint suit was rejected on 9th June, 1978 for not depositing the deficit co..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... appellant also challenged the Martial Law Regulations and their validation by the Fifth Amendment, and submitted that, at the worst, the Fifth Amendment could only validate a past and closed transaction and not a case like the instant one where the sentence is yet to be executed. After a brief ..Category: Constitutional Law | Date: | Hits: 365
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......ered "excess" under the Act and had been directed to be acquired. The learned Subordinate Judge, found the decision of the Revenue Officer valid and the plaintiffs had no cause of action and so he dismissed the suit on contest with costs. 3. On appeal the learned Judges ..Category: Others | Date: | Hits: 142
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