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Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ...... of a regular Managing Committee of the Staff Welfare High School in terms of Regulation 20(1) of the Board of Intermediate and Secondary Education, Dhaka (Managing Committee of the recognised Non‑Government Secondary Schools) Regulations, 1977, hereinafter called the Regulations. Simply stated th......(1). An inspection team was formed by the Chairman. The Board of Intermediate and Secondary Education, respondent No. 3 herein, which after local inspection submitted a report stating that for proper management of the school a Managing Committee should be formed under Regulation 4(1). The term of th..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....emony of the newly elected Chairman and the members of the said Union Parishad would be held on 15.4.92. The said Upazila Nirbahi Officer by another Memo. dated 16.4.92 asked the writ petitioner to hand over the charge to the newly elected Chairman. The writ petitioner impugned in the writ petit...... of the newly elected Chairman and the members of the said Union Parishad would be held on 15.4.92. The said Upazila Nirbahi Officer by another Memo. dated 16.4.92 asked the writ petitioner to hand over the charge to the newly elected Chairman. The writ petitioner impugned in the writ petition b......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ssociates Ltd. represented by its Managing Director Syed Golam Kibria ............... Respondent (In both the appeals) Judgment February 28th, 1994. Cases Referred to- Chandris Vs. Isbrandtsen Moller Co.1950 in 1950 (2) All England Reports 618; Eddowes Vs. Hopkins (17......ports 618; Eddowes Vs. Hopkins (1780) 99 All England Reports, 242; Arnott Vs. Redfern, (1826) 130 All England Reports 549; Page Vs. Newman, (1829) 109 All England Reports 140; London, Chathaim and Dover Rly Co. Vs. Southern Rly Co. (1893) AC. 429; Podar Trading Co. Ltd. Bombay Vs. Franco is Tagh......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 ..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....sioner, Bakergonj that the Government had taken a decision on July 10, 1983 for resumption of the land acquired under LA Case No. 5 of 1959‑1960. On October 18, 1983 possession of the said land was handed over to the owner Tarini Kanta Das' Respondent No. 1, thereafter, filed an application before......y duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Government of Bangladesh, 27 DLR 597. Lawyers Involved: B Hossain, Deputy Attorney‑General,......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....the provisions of sections 439 and 439A of the Code of Criminal Procedure, I am of the opinion that there is conflict between sub-section (1) and sub‑section (4) of section 439 on the one hand and sub‑section (4) of section 439 and sub‑section (2) of section 439A on the oth...... insertion of section 439A in the Code, the High Court Division, being the superior Court, could revise or review any order passed by the Sessions Judge being an inferior or subordinate Court. Moreover, the High Court Division had been empowered under section 439 before the insertion of section ......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 ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ion under section 439(l) of the Code and not against the Court's inherent jurisdiction which is altogether different from any other jurisdiction under the Code. The High Court Division, on the one hand, willfully disregarded this Court's decisions, and, on the other hand, flouted Article 111 of ....... The learned Judges then reminded the "Highest Court of the country", meaning the Appellate Division, of its duty which is "only to interpret a law and not make a new law under the cover of interpretation". They observed : "The Supreme Court must take speci......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 ..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....providing them with taxi‑cars so that they could earn their livelihood as taxi-drivers. Under this scheme the defendant-Bank decided to purchase 100 motor cars from Daihatsu Company of Japan and to hand them over to those graduates all reasonable price. Plaintiff, M/s. Karnaphuli Works Ltd. is a b...... Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institut......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. ..Category: Business or Commercial Law | Date: | Hits: 128
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....) Cases Referred to- Chowdhury Saifuddin Ahmed Vs. Shamsuddin, 40 DLR 10; Krishnasami Vs. Ramasami 41 Madras 412 (PC) & Sunderabai Vs. Collector 43 Bom 376 (PC). Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Habibul Islam Bhuiyan, Senior Advocate with him) instruc......Leave was granted to consider whether the learned Judge acted rightly in setting aside the order dated 9.6.92 of the District Judge altogether thereby throwing the appeal of the appellants completely overboard. 6. Khandker Mahbubuddin Ahmed, learned Advocate for the appellants, firstly, submitte......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....who, by his judgment and order dated 4.11.92 set aside the order of the learned Magistrate as to the custody of the girl and directed him "to cause the jimmadar to produce the victim in the court and hand over the victim girl to her father even if she refuses to go with him". The learned Sessions Ju......look away his aforesaid daughter, respondent No. 2, who was a minor of about 12 years of age. 5. A case was registered under section 366A of the Penal Code as aforesaid and the victim girl upon recovery from the accused Azizur Rahman and Yunus, who are brothers, was produced before the Court of t......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. ..Category: Criminal Law | Date: | Hits: 68
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
.... of Traffic and Transport Problems in Dhaka City, which was headed by the Secretary, Ministry of Housing and Public Works Department, in its meeting held on 7th August, 1986, took a resolution for handing over the above vacant space to Dhaka City Corporation, the respondent No. 1 for the said pu......fic and Transport Problems in Dhaka City, which was headed by the Secretary, Ministry of Housing and Public Works Department, in its meeting held on 7th August, 1986, took a resolution for handing over the above vacant space to Dhaka City Corporation, the respondent No. 1 for the said public Car...... anarchies and then the respondent No. 3, a public agency created under, section 3 of the Environment Conservation Act, 1995 and having its expert personnel in matters connected with environmental management and statutorily responsible to mitigate environmental pollution and protect the environm..Category: Environmental Law | Date: | Hits: 293
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....The deceased respondent No.1 purchased 1,875 shares out of 6000 shares of the Company. Respondent No. 2 Md. Abed Ali purchased 1,875 shares and Abdul Kader, respondent No.3 held 375 shares and Md. Chand Mia, respondent No. 4, held 1,875 shares. They are related to one other. The company was inco...... any dividend and even the minority members were not allowed any access to the account of the company and a salish was held on 18th August 1985 and another on 27th September 1985 over the affairs of the company and it was disclosed in the salish that there was profit......and books of the company although the respondent No. 1 and the respondent No. 2, together were holding the majority shares of the company, but they were kept in complete darkness in respect of the management and the financial aspect of the company although the respondents gave personal guarantee..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....function in connection with the affairs of the Republic. In the circumstances, writ petition was held not maintainable. 15. The learned Counsel for the respondents, on the other hand, submitted since the acts challenged in these writ petitions were the acts ......imaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Government of the People's Republic of Bangladesh 6 MLR (AD) 8; Manjurul Huq vs. Bangladesh and othe......Rule Nisi was issued calling upon the respondent Mr. Anwar Hossain to show cause as to why his acts of issuing the impugned orders contained in Annexures-A, A-I and A-2 directly taking part in the management and running the business of the petitioner No.2, Ittefaq Group of Publications Ltd. shou..Category: Civil Law | Date: | Hits: 103
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....es. Thereafter the petitioner all on a sudden received a notice dated 2-7-2001 issued by respondent No. 1, Assistant Director (Estate) RAJUK addressed to the father of the petitioner directing him to hand over possession of the premises within 30 days in order to hand over possession of the premises......ned property and the Ministry of Commerce through the Deputy Commissioner, Dhaka controlled the management of the said building and the father of the writ petitioner was accepted as tenant under the Government. Accordingly, father of the writ petitioner regularly paid rent to the Government. Petitio......father, After liberation of Bangladesh the building at 11, Bangabandhu Avenue, Dhaka was declared abandoned property and the Ministry of Commerce through the Deputy Commissioner, Dhaka controlled the management of the said building and the father of the writ petitioner was accepted as tenant under t..Category: Tenancy Law | Date: | Hits: 67
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....ate Division (Civil) Present : Md. Ruhul Amin J MM Ruhul Amin J Abdur Rashid Sarker (Md) and others.................Appellants Vs. Dines Chandra Das and others..................Respondents Judgment November 22, 2005. ......sider the submission that the decision reported in 31 DLR (AD) 88 is no longer holding the field in view of the later decision reported in 33 DLR (AD) 113 by which the Appellate Division, in fact, overruled its earlier decision and therefore, the High Court Division erred in law in allowing the ......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....the acquisition stood abated under section 12(1) of the Ordinance of 1982 and the suit property not having been utilised by the requiring body and the suit property is required to be released and handed over to the plaintiff-respondent on the strength of a deed of conveyance dated 22-9-1994.&q......the door of the Plaintiff in the present case to file and maintain the suit……………….(33 & 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired ......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......n application was filed on 29-5-2003 has been termed as false. It has further been stated that writ respondent No.3 is not the licensing authority for broadcasting television programme and, as such, over misconception of law the writ-petitioner is alleged to have filed an application for the licenc......3 were enacted the 'telegraph' was not developed as it stands today with the introduction of the concept of telecommunication apparatus, telecommunication network, telecommunication system spectrum management committee as introduced by the Act of 2001. 27. The rule of construction is to intend..Category: Information Technology Law | Date: | Hits: 266
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
.... then darkness in front of the cinema hall. 7. He emphatically submits that so far as Wasikur Rahman is concerned the evidence is consistent as to the fact that he fired from the gun lying in his hand and thus killed the victim Tutul. 8. He then submits that the learned Sessions Judge, on th......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....Appeal Nos. 443-444 of 2001 for considering the promotion to the post of Superintendent Engineer. 6. Mr. Mahbubey Alam, the learned Counsel appearing for the respondent No.1, on the other hand, contended that although the promotion is not the vested right of the respondent he had alread......er conferred by section 52 of the Bangladesh Agricultural Development Corporation, 1961 (Ordinance No XXXVII of 1961) read with section 9 thereof the Corporation with the previous approval of the Government made the Bangladesh Agricultural Development Corporation (Service) Regulation 1968 wherei......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....hat the victim became angry and slapped the condemned prisoner and also pressed her neck, that said behaviour of the victim made the condemned prisoner furious, that the condemned prisoner tied the hands of the victim and sat on the chest of the victim and pushed cloth inside the mouth of the vi......ght of October 29 and 30,1999, that having had that information the informant along with his other brothers went to the condemned prisoner's house and found the dead body of the victim on the cot covered by a 'chaddar', that on removing 'chaddar' PW 1 and his companions noticed mark of injuries ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....tion was clearly illegal and without any lawful authority. Cases Referred to- Bangladesh vs Amena Khatun and others, 53 DLR (AD) 55; 47 DLR (AD) 71. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For ......1972 (President's Order No. 16 of 1972), article 7 The Abandoned Building (Supplementary Provision) Ordinance, 1985 (LIV of 1985), section 5 Abandoned property in possession of the government could only be included in the ‘Ka’ list of abandoned building in respect of which poss......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
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