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Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... Mr. Mainul Hosein, learned Counsel who entered Caveat on behalf of the petitioner-respondents, that the failure to supply the copy of the enquiry report is a violation of the principles of natural justice in the facts and circumstances of the case. We, therefore, find no ground for interference...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..Category: Others | Date: | Hits: 89
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ich it was acquired, as a notice not to show cause against resumption. The next contention is, that the High Court Division was wrong in holding that there was a violation of the principle of natural justice in the making of the impugned order in as much as it was not noticed that upon the represent...... by the Deputy Land Reforms Commissioner, Khulna Division, after notice to the parties, who not only heard Mr. Md. Hayder Ali, Governing Director of respondent No, 1, but also examined the papers and documents produced before him and then submitted his report to the Ministry on the basis of which th..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
.... the order of dismissal from service was not a proper order in that all the circumstances in his favour were not taken into consideration in awarding the said punishment which caused a miscarriage of justice. Finally, the Tribunal by its judgment and order dated 22.10.91 allowed the application in p......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)
....f the High Court Division to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.". 29. There is no dispute that section 561A is a non-obstante general pro......be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of securing the attendance of any person or the discovery or production of any document". 52. The inherent power and jurisdiction under section 151 of the Code of..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ase, has said "No". Leave has been granted by us in this case not only to re-examine this question but to put an end to the chaos, confusion and anarchy in the administration of criminal justice, created by the impugned judgment of the High Court Division, which is very much aware that......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)
....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. ......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)
.... other forum, such as the Court, to realise interest on the award; interest pendente lite is not a matter of substantive law like interest for the period anterior to the reference; for doing complete justice; such power has always been inferred". We however will not express any view on this question......addition to interest during the pendency of the suit and also interest from the date of the decree till payment of the decretal amount. 4. The trial Court upon consideration of evidence, oral and documentary, held that the price of each car was Taka 2.30 lac as agreed upon between the parties an..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 ......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 ..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......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)
....t file any representation as there was no provision for releasing an officer from the service of the Corporation and as such the order itself was illegal and he undertook to withdraw the order and to justice to him. As nothing was done however, he filed an application on 1.11.89 and prayed for allow...... 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)
....ired from service. It is submitted that the President's pleasure, in Article 134 of the Constitution, cannot be exercised arbitrarily, capriciously or whimsically or against the principles of natural justice. 7. Rule 14(5) is violative of Article 27 of the Constitution. It was added to the Navy R...... 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)
....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 ......rlier. The learned Additional District Judge found, vide his judgment and decree dated 21.9.79, that there was no cogent evidence as to the amount that was due from the respondents. He rejected the documents produced by the petitioner as inadmissible. Relying on Ext. 7(d), a letter written by re..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
..... Rashid has referred to Article 99 of the Constitution vis‑a‑vis section 5(3) of the Public Servants Retirement Act. Section 5(3) provides that "the President may employ a public justice. That many others servant on contract after his retirement". In pursuance of Section 5......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)
.... according to those distinctions. Therefore a classification is reasonable if it is made to give special treatment to a backward section of the people. It is also permissible to dole out distributive justice by taxing the privileged class and subsidizing the poor section of the people. A classificat......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)
....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 ......ecution of the subsequent kabala shows her intention to deprive the appellant of his right already acquired by his kabala which was found to be genuine. "Forgery" means making of a false document with certain intentions, such as to cause damage or injury to a person, to support any cla..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....o him purports to deprive him of a valuable right, for, it put in peril the finality of the decision in his favour and if he is precluded from questioning its propriety it would amount to a denial of justice. "It must, therefore, in common fairness be regarded", their Lordships said, "a tacit term o......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. ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....ion which overtakes strictly legal standards when a victim girl refuses to go with her parents, at times even after persuasion by the court itself. The court in such cases out of anxiety to do proper justice examines the victim and speaks to her as has been done in the present case. This practice is......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
.... Regulation 22 the question of giving notice or a pre‑hearing does not arise. In such a case there is no scope for making any grievance on the ground of violation of the principle of natural justice either. In the instant case the Administrative Tribunal is found to have correctly applied ......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)
....ed 4-6-1994, though admitted that in the Master Plan the land in question was reserved for public Car Parking Centre and the same became a depot of garbage but refused to comply with the demand of justice notice stating that they have constructed many shopping complexes in the Dhaka City Area wi...... all the formalities; the application form for submission of plan was not purchased from the Agrani Bank, RAJUK Branch and prescribed fee for approval of plan was also not submitted and no paper or document was filed to show the ownership or title of the respondent No. 1 in the land in question ..Category: Environmental Law | Date: | Hits: 293
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