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Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......h another bank in the seller's country known as the correspondent or negotiating bank, to accept drafts drawn upon it for the price of the goods, against tender by the seller of the shipping documents. The contractual relationship between the issuing bank and the buyer is defined by the t..Category: Banking Law | Date: | Hits: 130
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....top-ranking authorities, like the Commissioner of Income Tax and the Central Board of Revenue. The Court, however, held that there might be cases where improper execution of power could result in injustice to the parties, but the "possibility of such discriminatory treatment cannot necessarily i......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....lication under Article 102 of the Constitution was not maintainable in view of the fact that the appellant was governed by the ordinary law of master and servant. Further, the principles of natural justice were not available to the appellant, as his service was terminated in terms of his contract ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....s to run the organization as a non-profit making public welfare organization. This clause has been ordered to be deleted without any notice to the appellant and accordingly the principle of natural justice is violated. 8. The records of the case show that the Ministry of Commerce took more...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ble by a Court of Session, having been transferred to the Special Martial Law Court, depriving the appellant from the advantages and remedies available under the Code of Criminal Procedure, grave injustice has been done to the appellant. The argument however could not be praised further in view ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....ion 4 provides that a Sessions Judge may, on review, set aside, vary or modify any order, judgment or sentence or make orders for retrial or such other orders as he deems necessary for the ends of justice. The expression "Sessions Judge" was inserted by substituting the word "Gove......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ...... the power to Arbitration Court, a Thana Magistrate or a Tribunal to issue summons to any person to appear before any Court and give evidence or to produce or cause the production of any document. Clause (2) of article 10 provides that if any person to whom an Arbitration Court, a Than..Category: Constitutional Law | Date: | Hits: 153
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......er a power of attorney executed in India and authenticated by a Magistrate in India and not authenticated by any authorised officer of Diplomatic Mission of the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are, that the plaintiff Haji Abdul ..Category: Others | Date: | Hits: 128
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... notices in time, and if so, had they sufficient cause in failing to appear at the time of hearing and present their case and had they succeeded in making out a case for review, so that the ends of justice demanded re-hearing of the Writ petition, and in so doing the earlier judgment and order cou......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....suitors. Execution will be issued as a matter of course; but in cases of the code, restitution is not a matter of course but depends upon the discretion of the court and will be ordered only when the justice of the case calls for it. The jurisdiction as to restitution bears only a superficial rese......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....-consideration of material points in the evidence. It is, therefore, to be seen whether the impugned finding is of such a nature as to justify our interference at this stage in the interest of justice. 56. The sale-deed in question (Ext. B) consists of about fifty pages containing ......ce of section 4 it would be difficult for the authority concerned to give full relief under section 2. A person who had taken possession of any house, hut, structure or land on the basis of a document executed by the owner and registered, in a case as stated in section 2, would have a valid..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....8-58 by itself presumes a quasi judicial proceeding by an administrative tribunal wherein the presence of the claimant for reward is essential to comply with the rules of principle of natural justice and to afford him an opportunity to establish his claim upon legal evidence." Accordin......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....t is a perverse judgment, the State or the person aggrieved will have no remedy against such an illegal order of acquittal, and consequently the accused will go, unpunished, occasioning failure of justice. So, considering the question by applying any of the tests indicate above, I have no doubt ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....reme punishment of dismissal should be imposed upon the respondent. The Public Service Commission gave advice that dismissal would be harsh and opined that censure would meet the ends of justice in this case. The Secretary to the Ministry concerned, however, took the view that the......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....g barred by limitations The conclusion is in accordance with law. The High Court Division had summarily dismissed the appeal. In air fairness it must be stated in the case of judgment of reversal, justice demands a consideration of the materials which led to the reversal of the trial court judgm...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ...... the provisions of section 27 of the General Clauses Act which read as follows: Where any Act of Parliament or Regulation made after the commencement of this Act authorises or requires any document to be served by post, whether the expression "serve" or either of the expressions "gives"..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ...... Leave was granted to examine the question whether the learned Judge of the High Court Division was correct in holding that a subsequent transferee from a person claiming benefit under a document executed by a pardanashin lady was not fastened with burden of proof to show that the lady..Category: Property Law | Date: | Hits: 57
....ce against the increased number. There might have been some legitimate scopes for grievance if the number of the inquiry officer went below the number provided for in the Statute. More and not less justice it expected when an Inquiry Committee is seen to consist of a greater number of persons. The......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......ি নির্দায় কবলা”. The learned Subordinate Judge noticed that the consideration of the transfer has been mentioned as "principal" instead of price and the stamp-paper of the document was purchased by the executant. The learned Subordinate Judge further found that all the du..Category: Property Law | Date: | Hits: 58
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