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State Vs. MA Malik, 1995, 24 CLC (AD)
....offence alleged but also we are convinced that if the petitioner were to be arrested and/or refused bail such course would in all probability be taken not from motives of furthering the ends of justice but from some other motive with the object of injuring him causing irreparable harm to his......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....ry estoppel is to be considered. 5. The principle of promissory estoppel is now well established in the Administrative Law. It has been evolved by Courts on the basis of 'equity' to avoid gross injustice particularly when the injustice results from strict application of any rule or procedure of ......tion. A few months later on 13 August 1990 that order was cancelled, but a memorandum was issued on 6 September 1990 asking all authorities to keep those lands of the appellant for which it submitted documents of title out of acquisition. Finally, on 27 September 1990 only 21.09 acres of land of the..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....that the matter is purely a concern between the private rights of two parties. The matter assumed a new character and it turned into a matter concerning public policy relating to administration of justice. This Court decided in the case of Abdul Jalil Munshi vs. Abu Bakar Siddique, 35 DLR (AD) 4......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....ties present, all facts stated and all relevant claims made, is to punish him altogether for filing any Suit at all against the respondents We note with dismay that instead of furthering the cause of justice by allowing the plaintiff-appellant a full opportunity to place his case against all the par......il revision case it was found that in one of the suit lands one Md. Mohsin and his wife Rabeya Begum were making preparation for construction of a building. The appellant obtained certified copies of documents executed by Habiba Banu and other defendants in favour of the said Mohsin and Rabeya Begum..Category: Property Law | Date: | Hits: 59
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......voice dated 19-11-91. The ship carrying the goods from Singapore arrived at the Chittagong Port on 30-11-1991. The writ-petitioner approached the Customs Authority, Chittagong with all necessary document through C&F agent for taking delivery of the consignment. The Deputy Collector of Cus..Category: Business or Commercial Law | Date: | Hits: 126
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....control. He further denied that the building leaned on any side. He stated, that he has invested his life’s savings and also taken loan from the House Building Finance Corporation and so no injustice should be done to him. Before the expiry of 24 hours the Kartripakkha by a Memo, dated 22-1......ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ..Category: Business or Commercial Law | Date: | Hits: 136
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
.... force upon the appellant Ministry. 21. The High Court Division will do well to remember that it is only the Appellate Division which has been bestowed with the jurisdiction of “doing justice in any cause or matter pending before it” under Article 104 of the Constitution and t......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....al non-consideration of all the six witnesses of the pre-emptee-appellants and when non-consideration of this evidence has materially affected the decision of the case occasioning a miscarriage of justice. 6. The vital and material question for consideration before all the courts below in......lusive only to avoid limitation and the alleged informer Sekander Ali is the uncle of Lahajuddin Howlader, the pre-emptor, living in the same homestead. 4. During trial besides proving some documentary evidences, 3(three) witnesses were examined by the pre-emptor-respondent and six witnes..Category: Property Law | Date: | Hits: 60
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....ee. 8. Mr. SS Halder, learned Counsel appeared on behalf of the appellant and submitted that the learned Judge of the High Court Division had committed an error of law occasioning failure of justice in reversing the finding of fact arrived at by the trial Court in revision without conside......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..Category: Procedural Law | Date: | Hits: 133
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......mage either. 6. The Admiralty Court framed five issues. The plaintiff examined its Managing Director as PW 1 and two other witnesses and the defendant examined one. Both sides exhibited some documents to which we shall refer in due course. 7. To compress the lengthy judgment of the ..Category: Business or Commercial Law | Date: | Hits: 151
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......as been depositing the rents to the Court and the question of default does not arise at all. 4. The learned Subordinate Judge found on consideration of the materials on record, both oral and documentary, that the defendant paid rent upto August, 1975 and filed rent receipt of the same. The..Category: Property Law | Date: | Hits: 56
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....wrongly rejected the plaint to the great prejudice of the appellant and whether the reasons given by the learned Judge are tenable in law and extraneous to the question at issue causing failure of justice. Leave was also granted to consider whether on the averments made in the plaint and the pra......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......aintenance is guided by the personal law of the appellant and her son and that the High Court Division wrongly held that the appellant was not entitled to past maintenance in the absence of a written document. 3. The suit was filed by the appellant as plaintiff on the allegations, inter alia, tha..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....ted pumps and issuing certificate for payment. We are, however, satisfied that the orders of acquittal passed by the High Court Division were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Repo......en transferred the case to the Court of Divisional Special Judge for trial. 10. Prosecution examined 14 witnesses (Investigating Officer deposed both as P.W.1 and 15) and proved a large number of documents Exts. 1-40/1. The respondents denied the allegations altogether. The defence taken by ..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
....udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......1. We find that both the trial Court and the lower appellate Court concurrently found, with reference to the evidence of D.W.2, a neutral person of 73 years, and with reference to the recitals in the documents of purchase of the plaintiff, that the right of redemption was relinquished by Begumjan ha..Category: Property Law | Date: | Hits: 63
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ...... case land to him by Heba deed. 3. At the trial the pre-emptor examined two witnesses including himself and the pre-emptee also examined two witnesses including himself and the scribe of the document. The learned Assistant Judge, Shailakupa dismissed the miscellaneous case. On appeal by t..Category: Property Law | Date: | Hits: 56
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......d to finalise the accounts and make all payments. Appellant No. 1 granted a receipt in acknowledgement of the cheque. In August, 1988 appellant No. 1 came to learn that Tofayel Ahmed converted the documents and papers containing the signatures of the appellants into a valuable security and got t..Category: Business or Commercial Law | Date: | Hits: 118
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....erson who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority is secured………………(14) ii) Whenever a gross injustice is done to anybody for no fault or laches of his own and no remedy is available to the aggri......Ministry failed to produce the relevant laws, namely, the Mujibnagar Employees (Condition of Service) Rules, 1980, the Government Servants (Seniority of Freedom Fighters) Rules, 1979 and the relevant documents giving effect to these rules so far as it relates to the appellant. At the time of grantin..Category: Administrative Law | Date: | Hits: 167
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