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Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....e-Islami of the then East Pakistan in 1969. He was a permanent resident in Bangladesh on March 25, 1971 and he continued to be so resident on 22 November 1971 when he went to Lahore for attending his party's Central Working Committee meeting. As the war broke out between India and Pakistan he wanted......s permanent residence in this country. 55. After publishing the notification in the Bangladesh Gazette on 30 November 1972 about the respondent's abscondence, the Government did not follow up any investigation or enquiry under the Bangladesh Collaborators (Special Tribunals) Order 1972 (Presiden..Category: Immigration and Citizenship Law | Date: | Hits: 522
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....ut, on an application by the said directors-defendants, their names were struck off by the Subordinate Judge, by an order dated 12 June, 1990, and in their place some other persons, namely opposite parties Nos. 7-11, were impleaded as defendants. This order was sought to be reviewed by the petit......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..Category: Banking Law | Date: | Hits: 106
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....petitioners, as already stated, are elected President and Secretary respectively. 4. The post of a TC Muharrar is a non-Government post; but the lowest Government post in the Registration Department is of permanent Muharrar. It has been alleged that as per Bangladesh Service Rules for the......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... MA Wahhab Miah, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record -For the Appellant. Sharifuddin Chaklader, Advocate-on-Record- For the Respondent No. 2. Ex parte - Respondent No. 1. &nb...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....n the Official Gazette, appoint. 2. Definition of "dowry".‑In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party t...... 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)
....t to the Subordinate Judge, Dhaka, who was an Arbitrator appointed by the Government under section 7(b) of the Act. Thus Arbitration Case No. 333 of 1984 started. The Arbitrator, after hearing the parties, gave his award on 28 May 1985. In this award compensation determined was Taka 37.71 lakh a......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)
.... 1 made certain statements with regard to the merit of the Rule itself. The appellants filed an affidavit-in-reply thereto. 4. The learned Judges of the High Court Division after hearing the parties held by its judgment and order dated 3.8.92 that in appropriate cases a court exercising wr......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)
....r documents. Respondent failed to return the said Mill w the Bangalee, share‑holders. It was further alleged that the petitioner has apprehension that the Mill will be transferred to a third party at the instance of certain interested quarters. Accordingly, it prayed for a direction in the......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
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....y is enforceable by law. The word 'contract' may, therefore, mean either an oral or a written contract. In the Conciliation Court Ordinance the word contract' has not been qualified in any way, in particular, whether this is to mean and include only a written contract. In this context, it must, ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ..Category: Property Law | Date: | Hits: 70
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....d they have taken oath at the first available opportunity on the very first day appointed by the Deputy Commissioner, namely, on 15.4.92. The writ petitioner has not made the Deputy Commissioner a party to the writ petition and therefore the matter has been decided in the absence of a necessary ......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
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in mortgage execution case is fraudulent one and the plaintiffs were not made parties therein and, as such, the sale is a nullity and the minors were not represented in the said...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....2. [In Civil Appeal No. 51 of 19891 M Nurullah, Senior Advocate, Supreme Court, instructed by B. Hossain, Advocate-on-Record -For Respondent No. 4. [In Civil Appeal No. 51 of 1989] Ex-parte-Respondent No. 3. [In Civil Appeal No. 51 of 1989] Shamsul Hoque Chowdhury, Senior Ad......arayanganj Branch at the relevant time. In connection with a shortage in cash of Tk. 19, 10,000.00 an FIR was lodged by the Assistant General Manager of the Bank whereupon the Police after holding investigation submitted charge sheet under Regulation Nos. 9 and 11 of MLR No. 1 of 1982. The appel..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....efflux of time. 19. The trial Court held that with the expiry of the term of lease on 31.10.84 and in the absence of a fresh agreement of lease, the relationship of landlord and tenant between the parties had come to an end and the appellant had no legal right to stay in the demised premises. Dis......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....); Bengal Nagpur Rly Co. Vs. Rattanji Ramji, AIR (1938) (PC) 70; AZ Co. Vs. SM Bakhsh, 17 DLR (SC) 404; (17 DLR, SQ; Engineer Galimala Vs. Abnaduta Jena, AIR 1988 (SC) 1520; Secretary, Irrigation Department V GC Roy, AIR 1992 (SC) 723; Jena's case (AIR, 1988); Jugal Kishore Sharma Vs. Vijayendra ......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)
....n to the proper Court, inter alia, alleged that the Court at Moulvibazar has no jurisdiction to entertain the suit because the agreement (dated 10.3.9 1) referred to in the plaint was executed by the parties at Dhaka, 2) none of the parties is a resident within the jurisdiction of the Court and 3) n......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
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....pellant Vs. Sonali Bank .........................Defendant-Respondent (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 ......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
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....icates clearly that the Sessions Judge's decision is not final in relation to a person who has not filed the revisional application to the Sessions Judge but has been impleaded therein as opposite party. Therefore, he is free to go to any appropriate forum to challenge the Sessions Judge's decis......ant whereupon Haluaghat Police Station Case No. 2(5)93 was registered under sections 323, 307 and 379 of the Penal Code, read with section 4 of the Anti‑Terrorism Act, 1992. The Police after investigation submitted charge-sheet against these three appellants under sections 323 and 379 of t..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....Appeals, 66=AIR 1893 PC 70; Pillo Dhunji Shidwas Vs. Municipal Corp., Poona, AIR 1970 (SC) 1201; M/s AZ Company Vs. M/s Moula Baksh Mohd. PLD (1965) (SC) 505 =17 DLR (SC) 404; Secretary, Irrigation Department Vs. GC Roy, AIR 1992 (SC) 732. Lawyers Involved: Asrarul Hossain, Senior Advocate (......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
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....d that while working as a Journalist in the Pakistan Observer (nor Bangladesh Observer) he was selected by the Central Public Service Commission of Pakistan to the post of Assistant Director in the Department of Tourism, Government of Pakistan and he joined in the said post on 7.12.68. The Departmen...... 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)
....as retired from service for malafide reasons. 5. It is contended that Rule 14 (5), is a kind of "Henry VIII clause" permitting hiring and firing at will‑is violative of principle of audi alteram partem and is patently discriminatory allowing unrestricted latitude to the Government to pick and c...... 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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