Search Options
Judgment Advanced Search
Displaying 3661-3680 of 3988 results.
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. ...... modify an order 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 considere......to the Bank, that he prepared false credit reports for the benefit of so-called importers in utter disregard of his duties, that the whole transaction was collusively made for misappropriating Bank's money and that there was no violation of any law/rule or procedure in awarding the punishment of dis..Category: Administrative Law | Date: | Hits: 143
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....the said proceeding contended that some time before the dispute as to possession arose, the second party was his bargadar, but when the bargadar stopped giving him the share of barga‑crop and claimed to have purchased the land from his wife, he took back possession and was in actual posses...... of the High Court Division was passed on 21 November 1993 in Criminal Revision No. 2054 of 1993, which was heard along with two other revision cases. Facts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging that they had, by t......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
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....of the compensation in a deposit account in the Public Account of the Republic which shall be deemed payment for the purpose of taking over possession of the property without any prejudice to the claim of the parties to be determined by the Arbitrator .................." 11. The provision o......Respondents (In Civil Petition No. 58 of 1992) Subash Chandra Das and ors..................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993......ion not to proceed with acquisition was malafide. It, however, accepted the respondents' new submission, made at the time of the hearing, that the requiring body having not deposited the compensation money within 6 months from the date of decision of the Government to acquire the property all procee..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....es, the suit was filed for recovery of the balance of the price on the basis of the original agreement at the rate of Taka 2.30 lac per car, that is, Taka 2 crore and 20 lac, as the principal sum and claiming compensation of Taka 80.81 lac for non payment of the balance of the price in due time, tha......Judgment November 29, 1993. 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 f......and that the price of the cars would be paid within a period of 190 days from the date of delivery. The defendant paid to the plaintiff in advance an amount of Taka 10 latch as a part of the purchase money. In due course the plaintiff imported the cars and the defendant took delivery thereof on thre..Category: Business or Commercial Law | Date: | Hits: 128
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 ...... Ruhul Islam J.- These two appeals were heard analogously and are, being disposed of by this judgment. Facts, in short, are that the respondent instituted two separate suits for ejectment of the appellants from the respective suit premises on the ground that they were def......ich the rent is payable; or unless the tenant has deposited such rent and any subsequent rent in respect of such premises as provided in section 19 together with the cost of transmission by postal money order to the landlord in the cases mentioned in clause (b) of sub-section (1) of that section..Category: Property Law | Date: | Hits: 79
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... the Committee of Enquiry. The President's Order cannot also be interpreted in the light of a view of a government functionary like the Controller General of Defence who in rejecting the petitioner's claim for Special Additional Pension on several grounds also stated in his order that the petitioner......vi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. A Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Nowab Ali, Advocate- on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 78 of 1992. (From the judgment and order dated January 19, 1992 passed by...... 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...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....ent during the trial of the miscellaneous case before the learned Additional District Judge, 5th Court, Dhaka the petitioner by an amendment of the petition under Order VI, rule 17 CPC reduced the claim to Tk. 26,01,027.33 equivalent to US $ 1,66,765.66 on the ground that during pendency of the ......ment Mustafa Kamal J.- These two petitions were admitted for review of the judgment of this Court dated 28.3.84 passed in Civil Appeal Nos. 31 and 32 of 199......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....ce the Secretary had no authority to send for the Chairman of the Settlement Court who was discharging his judicial/quasi‑judicial functions. The High Court Division rejected the Secretary's claim that since the Court of Settlement was under the administrative control of his Ministry, he g...... Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by th......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....niority (1970), the seniority of these persons counted from the date of the recommendation of the PSC and their inter se seniority was determined on the basis of merit assigned by the PSC. Petitioner claimed to have acquired a "vested right" of seniority over the respondents who were placed below hi......on. By these Rules seniority of the ad‑hoc appointees is to be counted from the date of their original appointment on ad hoc basis, whereas their seniority was to be counted under the Rules then in force from the date of their regular appointment on the basis of recommendation of the Public Servic......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. ..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....and of Amatun Nessa, was one of the attesting witnesses of this sate-deed, other accused persons are closely inter-related with her. On the strength of the ante-dated sale deed the accused persons claimed the land which was already sold to the appellant. The accused persons pleaded not guilty to......pecial leave is from an order of acquittal passed by a Single Judge of the High Court Division on April 12,1979 in Criminal Appeal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 of the P......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....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. ......tion Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved by the Appellate Division ......eal, it was observed in the former case that "while this procedure may have the sanction of usage, it is manifestly open to grave objection. It may, as in this case, lead to a needless expenditure of money and an unprofitable waste of time, and thus create elements of considerable embarrassment when..Category: Procedural Law | Date: | Hits: 121
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....XII of 1974, we have heard at length the argument advanced by Mr. Abdur Rab Chowdhury that the appellant, a Class I officer of the Bangladesh Bank, is a public servant and as such he is entitled to claim same terms and conditions of service as arc applicable to other public servants including gov...... service. The Board of Directors of the Bank, by an order dated 29 December 1988 terminated his service under the Bank's Staff Regulation No. 12 (ii). He challenged this order by a Writ Petition before the High Court Division which, after issuing a Rule thereon and hearing the parties dismissed ......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. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ocus standi to move the writ petition and the efficacious remedy, if any, can only be obtained by respondent No. 3 in a suitable case; free access of air and light to the rented premises cannot be claimed by a lessee without the active participation of the owners of the building in question; tha......ka Municipal Corporation ignored this demand and allowed itself to be perverted at the instance of vested interests, i.e. respondent no. 1, respondent no. 5 and the allottees of the shops. It is unfortunate to witness the close collaboration between them. It is a glaring instance where responden......lant has filed the writ petition wrongly showing the present writ petition as pro bono publico case exposing the cause of the downtrodden and deprived section of the community unable to spend money to establish their fundamental rights but in the instant case the appellant and the in..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....nd interest in the land in suit on the basis of the forged bainapatra. 4. The trial Court on consideration of the evidence of the parties dismissed the suit on the finding that plaintiff's claim of offering the balance of the consideration money to Karuna Moyee Dasi and refusal by her to......e land in suit asserting his title upon denying the title of the real owner to her knowledge as well as to the knowledge of others and since that date his possession continued uninterruptedly for more than twelve years. No particular point of time of assertion of adverse possession has been......vered possession, that there was stipulation in the agreement that the kabala would be executed and registered after six months from date of agreement after payment of balance of the consideration money Taka 600. It was the case of the plaintiff that after executing bainapatra and receiving the ..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....56 of 1990 for pre-emption under section 96 of the State Acquisition and Tenancy Act in the Court of Subordinate Judge, 2nd Court, at Chittagong on 20-8-1990. 3. The preemptor respondents claimed themselves as co-sharers by purchase and the pre-emptee petitioners as strangers. Subsequen......isition and Tenancy Act, 1951 (XXVIII of 1951), Section 96 The Limitation Act, 1908 (IX of 1908), Section 14 With the presentation of the plaint in the proper Court the time consumed before the incompetent Court is excluded from the period of limitation under section 14 of the Limit...... also refused to purchase the suit land when it was offered to them and thus waived their right of pre-emption. Moreover, the pre-emptee petitioners have developed the case land by spending lot of money and now that it has become a valuable, land the preemptor respondents are trying to grab the ..Category: Property Law | Date: | Hits: 68
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
.... company never declared any dividend and no formal board meeting or annual general meeting of the company was ever held and the accounts were never audited. Although the minority share holders were claiming that the company was making profit but the Managing Director and the majority shareho........Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under the provision of ......to be paid to the respondent No.1 and the respondent No. 2 respectively but the same was not paid to the respondents. The respondent No.2 asked the petitioner to pay 75% of their money subscribed by him but it was not paid on the allegation that the company was running at a los..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... of the fundamental right regarding press freedom and no prayer has been made in these two writ petitions seeking enforcement of the fundamental right under Article 39(1) of the Constitution as is claimed now. Mr. Huq in support of his contention cited the case of Mujibor Rahman (Md) vs. Governm......te with him) instructed by Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed b......the Director General and the Secretary of the said Association to show cause why the orders passed by them requiring him to pay the arrear gas bills in connection with the canteen and the donation money due from him to the Association should not be declared to have been passed without lawful au..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... (I of 1877), Section 42 A plaint can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plaintiff under this provision the Court should carefully consider the nature o......ismiss it under Order XVII, rule 3 or under the Courts inherent power………………………..(7) A suit for declaration as to entitlement of money is maintainable, with a consequential relief for a decree by way of realization thereof&helli..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitution, as in the present case, bill has to be introduced in Parliament to provide for appropriation out of the Consolidated Fund. The words "shall be regulated by an Act of Par......idate Fund" as provided in clause (b) of Article 90(1) of the Constitution makes it mandatory to introduce in Parliament a Bill to provide for appropriation out of the Consolidated Fund of the money required to meet the expenditure charged on the Consolidated Fund. Clause (3) of Article 90 ..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....onstruction of the 'Ekrarnama' was in error in not holding that the unregistered Ekrarnama and the deed of reconveyance are antedated and product of after-thought for the purpose of frustrating the claim of preemption. 10. The undenied position is, that while the miscellaneous case ......a Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer available. But if reconveyance be a collus......by the opposite party No. 1 (pre-emptee) and the opposite party No.2 (seller) by filing joint written statement stating; inter alia, that the opposite party No.2 being in need of money transferred the land to the opposite party No.1, the pre-emptee with the stipulation of recon..Category: Property Law | Date: | Hits: 67
11351133113211311130112711261125112411231122111911171116111411121110110611051104