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Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....e. the respondent, is evidently being barred under section 195(l)(c) of the Code of Criminal Procedure, the proceeding of the Complaint Case No, 520(1) 1995 is liable to be quashed in the interest of justice, that there being two conflicting views of the two Division Benches of the High Court Divisi......and 471, 475 and 476 of the Penal Code on the basis of complaint filed by any aggrieved party when such offence is alleged to have been committed by a party to any mutation proceeding in respect of a document produced or given in evidence in such proceeding." 6. The High Court Division was of the..Category: Criminal Law | Date: | Hits: 48
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......imitation did not arise. The lower appellant Court also held so. 7. Mr. Asrarul Hossain, learned Counsel for the appellant, submits that a "transfer" of pre-emptable land, effected by a registered document is to take effect under section 47 of the Registration Act and in view of sub-section (3) o..Category: Procedural Law | Date: | Hits: 119
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
.... consider the plaintiffs case of bona fide requirement and hence the finding in this regard cannot be termed as a concurrent one. 9. In the alternative, it is submitted that in the interest of justice the matter be remanded to the appellate Court for its finding on the plaintiffs plea of bo......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ...... as prayed for. Then follows the operative order as already quoted. In the case of Seth Manakchand AIR 1944 Privy Council 46 it has been held that "for the purpose of interpreting a decree no other document is so directly in point as the judgment or can in the nature of things have comparable fo..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....ishable under section 62 of the said Ordinance. He has submitted that there is no such deterrent provision under the Administrative Tribunal Act and the Administrative Tribunal cannot give complete justice to the appellant. This seemingly attractive argument does not stand scrutiny for two reaso......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..Category: Labour and Industrial Law | Date: | Hits: 111
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... for the High Court Division to direct the Election Commission to dispose of the application of the respondent who missed the bus due to ……………….and it is well known delay not only defeats justice but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior ......rs from the Election Commission following inquiries which were caused to be held. We do not think that the respondent could rightfully claim any benefit on the basis of general findings made in the documents (Annexure 'D' and 'E') after all these months, particularly when he made no move after the..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....rties under the said sections, being satisfied that no such notices were served before, but the file mysteriously disappeared. On 13.9.67 the successor Additional Deputy Commissioner noting that an injustice will be done by depriving the plaintiffs of due compensation, passed an order to serve fresh......o the judgment itself for construing a decree on the dicta of the Privy Council in the case of Seth Manakchand AIR (II) 1944 Privy Council 46 that "For the purpose of interpreting a decree no other document is so directly in point as the judgment or can in the nature of things have comparable forc..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
.... In this situation we think it will be an idle ceremony to direct the appellant to go to the court of settlement for another round of formal litigation which is against all norms of administration of justice. 14. The High Court Division, in our opinion, could itself interfere, notwithstanding cor......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....r there was sufficient cause for his non-appearance at the hearing of the suit. In the absence of any such finding the Assistant Judge had erred in law in allowing the Misc. Case only for the ends of justice, he observed further. It will be seen that the learned Assistant Judge evidently did not set......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...Category: Procedural Law | Date: | Hits: 88
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....dge has not had the occasion to know about the same. It has been held in an earlier decision of this Division that such ex parte final order should not be passed as it violates a principle of natural justice in that the appellants are deprived of any opportunity to represent their case before the ......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......ff has notice that performance is refused. The plaintiff’s case is that the respondent in spite of request made by the plaintiff refused to file application for permission for registration of the document and admittedly he had left for India in the last part of March 1964. The suit having been f..Category: Procedural Law | Date: | Hits: 132
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908) Order XLI, rule 23 It is well-settled that the Court will not decide a point especially in the interlocutory matter which will not advance cause of justice. It will merely delay the process of coming to a conclusion as to claim and counter-claim wh......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..Category: Banking Law | Date: | Hits: 99
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....was not justified in giving benefit of doubt to the respondents in the face of such strong circumstances showing their guilt and the order of acquittal, he contends further, has caused a failure of justice. 7. We have perused the impugned judgment carefully. In a case based on circumstantial ev......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....th by the appellate court; but the latter undisputedly got power to reverse an acquittal and hold the accused guilty if the acquittal is found to be perverse or shockingly improper causing failure of justice. It is to be seen in this case whether the finding of the trial court is so perverse as to h......elf. Lastly, learned Counsel contended that the High Court Division erred in appreciating the object and use of a statement of the accused under s. 342 Cr.P.C. and excluded from consideration the documents, which the accused appellants submitted as a part of their statement although all the fa..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....And suffered how? From 1975 he has been on the run and now reached the doors of this court paying the price for his indiscretion. 13. Considering all these we are inclined to hold that the ends of justice will be sufficiently met if the sentence of the appellant is reduced to the period already......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ..Category: Criminal Law | Date: | Hits: 44
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....ting a guardian for the minors there and thereupon to try the suit again. To do so, in my opinion, would amount to piling technicality upon unreason which will defeat rather than promote the cause of justice. Then again it is found that defendants 7-9 filed a sworn petition in the High Court Divis......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......tion for renewal of the working capital loan well ahead of me expiry of the period of loan i. e. 27.1.87. In support of me contention as lo provision for renewal of loan the appellant has annexed a document lo the leave petition (annexure "Y") containing procedure for renewal of working capital lo..Category: Election Law | Date: | Hits: 130
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