Search Options
Judgment Advanced Search
Displaying 3441-3460 of 3734 results.
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......he order of dismissal, dated October 20, 1986, which again referred to the employee's conviction in the above noted case. 7. In view of the employee's own papers and particularly, after noting the provisions of law in section 17(1)(a) of the Employment of Labour (Standing Orders) Act, 1965, the l..Category: Labour and Industrial Law | Date: | Hits: 103
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. ......5(ka) provides that a hearing of a suit cannot be adjourned for more than three times and the suit has to be disposed of within six months from its institution. Section 6 provides that subject to the provisions of section 7, the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......ecial order, specify in this behalf." 7. Pakistan was the next country to introduce a legislation prohibiting dowry, Dowry and Bridal Gifts (Restriction) Act (Act No. XLIII of 1976), but as the provisions of the Pakistani Act are not at pari materia with the Bangladesh legislation on the subje..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....r from the date of its correction (10.3.90), and also to consider whether the second contention of the appellant that the decree itself is void and nullity, in that it was made in violation of the mandatory provision of section 7(e)(i) of the Act. This section provides that the Arbitrator in mak......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
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 ...... Judgment: Mustafa Kamal J.- The question that arises in this appeal by leave is whether the provisions of section 141 of the Code of Civil Procedure providing that "the procedure provide..Category: Procedural Law | Date: | Hits: 102
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 general character, but of a special character. Regulation 20(1) says as follows- “20. (1) Notwithstanding anything contained in sub‑regulation (2) of regulation 4 and subject to the provisions of sub‑regulation (2), the Committee of the schools run in accordance with the term..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......there was no written contract of monthly tenancy. In support of his contention he placed reliance on a decision of the Pakistan Supreme Court, namely, Zamiruddin Vs. Havas Khan 21 DLR (SC) 39. The provisions of law conferring jurisdiction on the conciliation Court are contained in Part 1 (b) of ..Category: Property Law | Date: | Hits: 70
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....ays. The appellant has placed nothing on record to show that he and respondent Nos. 5‑13 have ever done so. In the absence of any proof of such discharge of their duty and responsibility the mandatory provisions of section 13 of the Ordinance will automatically come into play and there is ......ppellant has placed nothing on record to show that he and respondent Nos. 5‑13 have ever done so. In the absence of any proof of such discharge of their duty and responsibility the mandatory provisions of section 13 of the Ordinance will automatically come into play and there is no escape ..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....dismissed by the High Court Division. A good number of points were raised before the High Court Division, namely, (a) that the heirs being minors were not represented in the Court according to the mandatory provision laid down in sub‑rule (4) of rule 3 of Order 32 of the Code of Civil Proc...... 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 ..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....properly filled in. When the teacher-representative was not present the enquiry committee could have adjourned its hearing on the prayer of the plaintiff, but no such prayer was made. And there is no mandatory provision in the Regulations that in the absence of a member of the enquiry committee its ......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
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 ......ing an order in the exercise of such power of review by him. Lastly, he has submitted that the impugned orders of the CMLA passed in the exercise or even purported exercise of his powers under the provisions of a Martial Law Regulation are deemed to have been validly made and cannot be called in..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....sfer of Property Act no suit for ejectment of a monthly tenant can be filed………………………..(13) Per Mustafa Kamal, J: A notice under section 106 of the Transfer of Property Act is mandatory in all cases of eviction under the Ordinance as well, because a tenancy is created under t...... 1882 (IV of 1882), section 105 & 106 Whether a tenant can be evicted on the expiry of the period of lease without a notice under section 106 of the T.P. Act. Per Latifur Rahman J: The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....thing in the Act which can justify a conclusion that without exhausting the remedy of review a Government servant cannot make an application to the Administrative Tribunal. The Act has made an appeal mandatory, but not a review. To make a review mandatory in my opinion will be legislation, pure and ......or authority of the original order should not be regarded as a mere repetition of the first denial of the right of title. The scheme of the departmental rules, read in the light of the constitutional provisions, obviously seems to be that the matter has to be considered at different levels in the h..Category: Administrative Law | Date: | Hits: 129
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 ...... is deprived of the use of his money he should be compensated for the deprivation, whether it is called interest, compensation or damage. Where the law was in this uncertain position, the statutory provisions were made in 1982, as stated above. Under these provisions the High Court got power to ..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. ......the respondent had exceeded his authority in opening the disputed letters of credit for Taka 19 lakh in the name of each firm, that he had violated a staff circular and the usual banking practice and provisions of exchange control manual and that his negligence was proved beyond reasonable doubt. Th..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 ......g sections 439 and 439A, the Appellate Division observed that there are some lacuna in the law. In the said decision, Fazle Munim, J. observed as under : "Having scrutinised the provisions of sections 439 and 439A of the Code of Criminal Procedure, I am of the opinion that th..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 ......sections 439 and 561A. The former confers revisional power, whereas the latter reiterates the Court's inherent power. The inherent power may be invoked independent of powers conferred by any other provisions of the Code. This power is neither appellate power, nor revisional power, nor power of r..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. ......t account in the Public Account of the Republic as per provision of sub‑section (2) of that section the question of invoking section 12 does not arise. It is only in case of non‑compliance of the provisions of section 10 the question of abatement or revocation of the acquisition proceeding will ..Category: Property Law | Date: | Hits: 64
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ...... that in construing the language of sub‑section (5) of section 18 of the Ordinance the following observation has been made: "It is true that enquiry about compliance of the provisions of the statute may call for consideration of facts at each point. There may be a case o..Category: Property Law | Date: | Hits: 79
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.......) Order, 1981, passed by the President under clause (2) of Article 62(2) of the Constitution. The Chief of the Naval Staff is a constitutional post in the service of the Republic of Bangladesh as per provisions in Articles 61, and 62(1)(c) read with Article 152 of the Constitution. Rule 14(5) of the..Category: Employment/Service Law | Date: | Hits: 107
11631159115811561155115211511149114811461145114411431140113511341133113211301127