Judgment search - Chancery Law Chronicles

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Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)

....slation prohibiting dowry and making the giving or taking or demand of dowry an offence. The Dowry Prohibition Act, 1961 (Act No. 28 of 1961) of India, it appears, was profusely borrowed by the later Bangladesh legislation on the subject and therefore it may not be out of place here to quote the fir...... 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 ...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Sel...... 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 ..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)

....ed in: 46 DLR (AD) (1994) 158 ......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 ...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- ......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)

.... made by the High Court in its writ jurisdiction will be available to it under the said section 114, if that section is otherwise applicable. 10. In the case of Khademul Islam Chowdhury Vs. Bangladesh, 33 DLR (AD) 111, a judgment passed on review by the High Court Division in its writ jur......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 ...... This case is also reported in: 46 DLR (AD) (1994) 154 ......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 ..

Category: Procedural Law | Date: | Hits: 102

Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)

....J. Secretary, Ministry of Industries, Nationalised Industries Division ...........Appellant VS. Saleh Ahmed & anr ........................Respondents and Bangladesh Textile Mills Corporation……………..Appellant VS. ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ...... Chowdhury J. Secretary, Ministry of Industries, Nationalised Industries Division ...........Appellant VS. Saleh Ahmed & anr ........................Respondents and Bangladesh Textile Mills Corporation……………..Appellant ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..

Category: Constitutional Law | Date: | Hits: 157

Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)

....45. ......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. ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, Civil Aviation Authority of Bangladesh.......................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: ......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. ..

Category: Property Law | Date: | Hits: 86

Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)

....om the consequence provided in the Ordinance itself, namely, the vacation of the office of Chairman and members. With regard to the omission to make the Deputy Commissioner a party he submits that Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development being ......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 ......sp; Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers In......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

Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)

....dents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (SQ 1552 (1553); Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others 44 DLR (AD) 267-270. Lawyers Involved: M Nurullah......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. ......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S......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)

................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Re......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 ......] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Respondents Judgment August 6th, 1992 Cases Refe......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 ..

Category: Constitutional Law | Date: | Hits: 174

AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)

....) 113. ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......��………..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder ..........he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..

Category: Administrative Law | Date: | Hits: 129

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....upreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed C J MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appel......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 ......afa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Responde......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

Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)

....ment was for the supply of money and tea by both the sides. Explanation 11 of section 20 of the CPC provides that a corporation shall be deemed to carry on business at its sole or principal office in Bangladesh, or in respect of any cause of action arising at any place where it has also a subordinat......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing Director....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Respondent-Plaintiff Judgment January 18, 1994. ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..

Category: Procedural Law | Date: | Hits: 91

Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)

.... This Case is also Reported in: 46 DLR (AD) (1994) 89. ......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. ...... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Tru......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

Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)

....t (In Civil Appeal No. 51 of 1992) Judgment December 9, 1993. Result: Civil Appeal No. 50 of 1992 is allowed in part. Civil Appeal No. 51 of 1992 is dismissed. The Constitution of Bangladesh, 1972, Article 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Se......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. ...... Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant (In Civil Appeal No. 50 of 1992). Dr. Kamal Hossain, Senior Advocate (Mainul Hosein and Md. Joynal Abedin, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- Fo......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. ..

Category: Administrative Law | Date: | Hits: 143

Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)

.... respectively sections 401 and 399) of the Code of these three countries, we find that they are not identical and there are substantial differences in them. 8. Chapter XXXII of the Code (of Bangladesh) deals with powers of the Courts in relation to reference and revision. Sections 435 and......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 ...... accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......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)

....a clear violation of the Constitutional mandate by the learned Judges of the High Court Division, Is it not a violation of the oath of office of a Judge to protect and preserve the Constitution of Bangladesh? The learned Judges of the High Court Division in their erudition and wisdom discovered ......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 ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, M......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)

....the Judgment of the Review Petition Here. Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. ......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. ......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Responde......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. ..

Category: Property Law | Date: | Hits: 64

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....f this case. Grant of Tk. 33 lac as interest is therefore, he argues, quite legal, particularly when the plaintiff had demanded it by a notice in due time. The Interest Act, 1839 has been repeated in Bangladesh by the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act VIII of 1973). Neverthel......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. ......ct 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 institution of the suit and by specific laws providing for compensation for non‑payment of price of goods supplied. The ge......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

Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)

....emporary injunction. 3. Leave was granted to consider whether in view of the decision in the case of Kanti Ram Shil Vs. Sumitra Devi 16 DLR 272 and in the case of Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation 29 DLR (SC) 168 the injunction granted by the High Court Di......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak and another …………Appellants Vs. Jamini Marak a......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..

Category: Property Law | Date: | Hits: 61

Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)

....orted in: 46 DLR (AD) (1994) 46. ...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Responden...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..

Category: Employment/Service Law | Date: | Hits: 126

Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)

....ported in: 46 DLR (AD) (1994) 43....... 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.......f State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Syed Amirul ...... 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

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