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Special Reference No. 1 of 1995, 24 CLC (AD)
....ic demand was accepted it would destroy the basic structure of democracy and governance of the country would never be possible through democratic process, which is the expressed will of the people as stipulated in the Constitution; M. And Whereas the opposition parties continued boycott of the s......dur Rouf J Md. Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as p..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......eprived of his right to make an effective representation before authorities concerned under section 8 of the Act, and further that the grounds were illegally served on the detenu beyond the statutory period prescribed in that section. 4. In support of his contention reliance is placed on the foll..Category: Criminal Law | Date: | Hits: 75
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....e insurer after the claim is lodged by the insured. The claim was repudiated by the appellant after the expiration of twelve months from the date of loss on 16.11.91 on some grounds other than that stipulated in condition No.19 of the Policy. As such under condition No. 13 of the Policy the plain......he view taken by Rout Colinvaux in the Law of Insurance, 3rd Edition, 1970 at page 25 where it is stated: "Once a phrase has been given a definite meaning by the Courts for a 4ong period, not even a court of higher jurisdiction will overrule earlier decisions on the matter&qu..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ...... December 1988 he was appointed as a Director of the Bangladesh Oil, Gas and Minerals Corporation (respondent No.3), in brief, the BOGMC, with effect from 1 January, 1989 on a contract basis for a period of three years. The appointment was made under section 6(l) of the Bangladesh Oil, Gas and M..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ...... disputed house was originally allotted by the Government to one Md. Zahooruddin under memo dated 12.6.1962 followed by a proper deed of conveyance dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereon on payment of ..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......r plaintiffs preferred Civil Revision No. 2093 of 1993 and the learned Single Judge of the High Court Division made the Rule absolute with a direction to dispose of the suit expeditiously within a period of three months. Defendant‑petitioners are now seeking leave to appeal from the impugn..Category: Civil Law | Date: | Hits: 95
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ......ant No. 1 may be reduced further. In the result, the appeal is allowed only in respect of appellant No. 1. Hasan Ali, and his sentence of Rigorous Imprisonment for 1 year is reduced to the period already undergone; as to the sentence of fine, it is maintained. The appeal in respect of th..Category: Criminal Law | Date: | Hits: 60
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ...... for bringing the allegation that he had been influenced by the accused‑persons. However, record of the case shows that accused Anwar Hossain had been in custody for a long time during which period he unsuccessfully filed applications for bail upto the Appellate Division. But at the last s..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......Special Powers Act, 1974, hereafter referred to as the Act. The detenu was served with the detention order dated 20.3.93 passed by the Government under section 3(1) (a) of the Act detaining him for a period of 120 days (Annexure‑J). On 1.4.93 the detenu was served with the grounds of detention und..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....greement, the appellant agreed to sell this house to the respondent for a consideration of Taka 8 lakh out of which he received Taka. 6 lakh and handed over his tide deeds to the respondent; it was stipulated that the appellant would execute and register a necessary sale‑deed by obtaining ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......en in that case a limited interest is created for a particular time and, therefore, conditions can be attached to it such as the reversion of the property to the donor after the expiry of the limited period………………(10 & 11) Cases Referred to- Nawazish Ali Khan vs. Ali Raza..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......given within which the appellant was required to complete its project. However that is not fatal to the Kartripakkha, because in the absence of a time limit the Kartripakkha can wait for a reasonable period to see whether the developer has made any progress with his project and if no progress or an ..Category: Property Law | Date: | Hits: 79
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....he suit land. 3. The deceased defendant Habiba Banu and respondent Nos. 1 and 2 filing written statements contended that the appellant having not performed his part of the contract within the time stipulated and time being of the essence of the contract was not entitled to specific performance of......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......chase from one Moniruddin on the basis of a registered kabala dated 1 May 1964. On 15 May 1972 he rented out the premises to the defendant on monthly tenancy at a rental of Taka 25.00 per month for a period of 4 years ending in 1976. Subsequently, the tenancy was extended on enhancement of rents til..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......ncurrent findings of the courts below. 8. Leave was granted to consider whether or not the defendant, BSC, was liable to make payment of the back salaries and other monetary benefits for the period during which the plaintiff did not render any service to the corporation but was engaged in ..Category: Employment/Service Law | Date: | Hits: 77
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ...... the mischief of sub (5) of section 3B which is not attracted in the facts and circumstances of the case. Also the Kartripakkha never asked the appellant to demolish the building within any stated period and, as such, the reason for cancellation of the sanctioned plan and direction to demolish t..Category: Business or Commercial Law | Date: | Hits: 136
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......rned respondent, Secretary, Ministry of Establishment, whose office Memos were impugned, did not appear. 5. The appellant contended that the writ petitioners were appointed temporarily for a period of 2 years with a clear and unambiguous condition that their services might be terminated by..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ......rring to the aforesaid provision of law that the learned Special Judge was bound to forward the petition of complaint to the Provincial Government, and, if he heard nothing from such Government for a period of sixty days, he should have proceeded to trial on the presumption that sanction was accorde..Category: Anti-Corruption Laws | Date: | Hits: 92
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......rder dated July 26, 1993 holding that the time spent on review before the President under the Government Servants (Discipline & Appeal) Rules. 1985 was to be excluded in the computation of the period of limitation and remanded the appeal to the Administrative Appellate Tribunal for disposal...Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... of repairs. 18.2 In no case shall the Underwriters be liable for unrepaired damage in the event of a subsequent total loss (whether or not covered under this insurance) sustained during the period covered by this insurance or any extension thereof. 18.3 The Underwriters shall not b..Category: Business or Commercial Law | Date: | Hits: 151
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