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Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....or Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented -Respondent Nos. 2 & 3. Civil Appeal No. 58 of 1993 (From the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgme......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....s passed on 31.3.91 by the learned Subordinate Judge, Artha Rin Adalat No. 3, Dhaka. Section 7 of the Artha Rin Adalat Act, 1990 provides for appeal to the High Court Division within 30 days from the date of the decree on depositing at least half of the decretal amount, the appeal being non-entertai......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ..Category: Civil Law | Date: | Hits: 139
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....d, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record -For the Appellant. Not represented - The Respondent. Civil Appeal No. 28 of 1986 (From the Judgment and order dated 14.11.84 passed by the High Court Division, Sylhet Bench, in Civil Revision No. 1391 of 1978......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
.... of a criminal offence by a Court and, as such, no show cause notice or enquiry for his dismissal was required; however, in his case, all opportunities were given to him for defending himself. On the date of hearing, April 27, 1988, the employer was absent and the Labour Court allowed the Complaint ......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..Category: Labour and Industrial Law | Date: | Hits: 103
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....s deposited along with the application. Section 7 provides that an aggrieved person may appeal against the judgment or decree of an Artha Rin Adalat to the High Court Division within 30 days from the date of judgment or decree, provided that no appeal shall lie against an interlocutory order of an A......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....vocate -on-Record -For the Respondent (State). Aminul Huq, Attorney-General- Amicus Curiae. Not Represented -Respondent No. 2. Criminal Appeal No.8 of 1993. (From the Judgment and Order dated 20.6.93 passed by the High Court Division in Criminal Revision No.895 of 1993). Judgment: ...... 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)
....r Rashid Gazi, Advocate, Supreme Court, instructed by MG Bhuiyan, Advocate‑on‑Record ‑For the Respondents. Civil Appeal No. 63 of 1993. (From the judgment and order dated 30 October 1992 passed by the High Court Division, Dhaka in First Miscellaneous Appeal from ......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)
....on-Record – For the Respondent No. 1. B. Hossain, Advocate-on-Record - For the Respondent Nos. 2 & 3. Civil Appeal No. 72 of 1992. (From the Judgment and Order dated 3.8.92 passed by the High Court Division in Writ Petition No. 330 of 1987). Judgment: ......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
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....nstructed by Sharifuddin Chaklader, Advocate-on- Record- For Respondent No.1. Not Represented - Respondent Nos. 2 -13. Civil Appeal No. 67 of 1993. (From the Judgment and Order dated 22.6.93 passed by the High Court Division in Writ Petition No. 1389 of 1992). Judgment......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)
....ected the right, title, interest and possession of the plaintiffs. The defendants, however, will be at liberty to withdraw the amount of Taka 5000.00 which was deposited in court vide Order No. 33 dated 17.1.61 and the balance amount to be paid within 6 months from the date. There ...... 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
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....d by Md. Aftab Hossain, Advocate-on-Record - For the Appellants in both the Appeals. Ex Parte - Respondents in both Appeals. Civil Appeal Nos. 74 and 75 of 1989. (From the judgment and order dated 19.1.89 passed by the High Court Division, Sylhet Bench in Civil Revision Nos.146 and 147 of 1......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 1. Not Represented - Respondent Nos. 2-5. Civil Appeal No. 52 of 1993. (From the judgment and order dated January 6, 1993 passed by the High Court Division, Dhaka in Civil Revision No. 954 of 1991). ......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
.... construction can be given without straining or violating either the language or the intended meaning of the law. The Government servant may file a case before the Tribunal within six months from the date of the appellate authority's decision. In case of an order subject to review, unlike the one su......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....on-Record (In CP No. 318193) - For the Respondent No. 1. Not Represented -Respondents. Civil Petition for Leave to Appeal Nos. 251 and 318 of 1993. (From the judgment and order dated April 20, 1993 passed by the High Court Division in Appeal From Original Decree No. 771 of 1......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....im), instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record. For the Respondent (in both the appeals). Civil Appeals Nos. 43 and 44 of 1993. (From the judgment and order dated 6 September 1992 passed by the High Court Division in FMA Nos. 695 of 1991 and 21 of 1992 res......ement, submitted a Bill (Bill No. 1) demanding compensation for their business‑loss caused due to the suspension of the work for 47 days; they held the appellants responsible for this partial breach of the contract since, in terms of the contract, the appellants were bound to give undispute..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....e, (appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 523 of 1993. (From the Judgment and Order dated 31st October, 1993 passed by the High Court Division in Civil Order No. 3032 of 1993). Jud......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)
.... Court, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. (In Civil Appeal No. 51 of 1992) Civil Appeal Nos. 50 of 1992 and 51 of 1992. (From the Judgment and Order dated 24.3.1992 passed by the Administrative Appellate Tribunal in Appeal Nos. 81 of 1991 and 85 of ......en a disciplinary proceeding against an employee taken departmentally and a criminal proceeding in a Court of law against him on the self same facts. In a criminal trial, for an offence like criminal breach of trust or forgery, dishonest intention or mens rea is required to be proved because it is a..Category: Administrative Law | Date: | Hits: 143
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....the Respondent No. 2. Aminul Huq, Attorney-General, (Sharifuddin Chaklader, AAG with him)-For the Respondent No. 1. Criminal Appeal No. 1 of 1994. (From the judgment and order dated 21.11.1993 passed by the High Court Division in Criminal Revision No. 2054 of 1993). ......ty to litigation at some point and that there must be judicial discipline, the lower judicial hierarchy being bound by the decision of the higher judicial hierarchy. To allow or even to tolerate a breach of this time‑honoured and constitutionally fixed duty is to invite judicial anarc..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....on-Record-For the Appellant. (In Civil Petition No. 58 of 1993). Civil Appeal No. 20 of 1993 with Civil Petition No. 58 of 1992 & Civil Petition No. 58 of 1993. (From the Judgment and order dated November 28, 1991 passed by the High Court Division in Writ Petition No. 343 of 1987). Judg......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)
....r the Appellant. Kh. Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 46 of 1991. (From the judgment and order dated 29.5.1991 passed by the High Court Division in Appeal from Original Decree No. 7 of 1088). ......e plaintiff for non‑payment of the balance on the date it fell due. In this connection the High Court Division observed that by not paying the price at the 11 agreed rate" the defendant committed a breach of contract and therefore the plaintiff was entitled to compensation which was rightly assess..Category: Business or Commercial Law | Date: | Hits: 128
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