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Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Re..Category: Constitutional Law | Date: | Hits: 174
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....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. ......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. ......) 113. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....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 ......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 ......upreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed C J MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appel..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....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 ......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 ......ment was for the supply of money and tea by both the sides. Explanation 11 of section 20 of the CPC provides that a corporation shall be deemed to carry on business at its sole or principal office in Bangladesh, or in respect of any cause of action arising at any place where it has also a subordinat..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....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. ......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. ......t (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 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Se..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ...... respectively sections 401 and 399) of the Code of these three countries, we find that they are not identical and there are substantial differences in them. 8. Chapter XXXII of the Code (of Bangladesh) deals with powers of the Courts in relation to reference and revision. Sections 435 and..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....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 ......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 ......a clear violation of the Constitutional mandate by the learned Judges of the High Court Division, Is it not a violation of the oath of office of a Judge to protect and preserve the Constitution of Bangladesh? The learned Judges of the High Court Division in their erudition and wisdom discovered ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....he proviso to section 4(3) (b), as the case may be, for no fault of the person interested, all proceedings in respect of such acquisition shall, on the expiry of that period, stand abated and a declaration by the Deputy Commissioner to that effect shall be published in the official Gazette. ......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. ......the Judgment of the Review Petition Here. Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....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. ......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. ......f this case. Grant of Tk. 33 lac as interest is therefore, he argues, quite legal, particularly when the plaintiff had demanded it by a notice in due time. The Interest Act, 1839 has been repeated in Bangladesh by the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act VIII of 1973). Neverthel..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....ther the learned Judges of the High Court were justified in granting temporary injunction during the pendency of the first appeal in the High Court Division, arising from a suit which was only for declaration of title without any prayer for consequential relief. 2. Facts are that Res......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......emporary injunction. 3. Leave was granted to consider whether in view of the decision in the case of Kanti Ram Shil Vs. Sumitra Devi 16 DLR 272 and in the case of Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation 29 DLR (SC) 168 the injunction granted by the High Court Di..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... petition and marked as Annexure G. The respondent challenged this decision through an appeal which was turned down by letter dated 2.7.90 (annexure H) whereupon the writ petition was filed seeking a declaration that the order dated 29.9.88 issued under the signature of appellant No. 2 (annexure E a...... 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. ......orted in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 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....... 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.......ported 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 ......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 ......(AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....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 ...... Supreme Court or who is eligible for appointment as a Judge of the Supreme Court". If such a Judge's service depends upon the sweet will of the Appointing Authority the principle of judicial independence will be a mockery and public confidence in his decisions will be shaken. Article 99, t...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Rep..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ontends that if any fundamental right of the writ petitioners had been violated they should have better invoked clause (1) of Article 102 of the Constitution for enforcement of that right and not for declaration of their right under clause (2) of Article 102. As we have found from the facts of the w......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. ...... is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....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. ......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. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others ....... Appellants Vs. Mohammad Abdul Ma..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..........Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. The Constitution of Bangladesh, 1972, Articles 32 & 102 Public interest- Private interest The public ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....o. 24 of 1992 reversing the judgment and decree dated March 7, 1992 of the Court of Assistant Judge, Sadar, Gopalganj, in Title Suit No. 218 of 1974 dismissing the same. The suit was filed seeking declaration of title by adverse possession and confirmation of possession in respect of 3.25 acres ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......mbers of her family including the sons and were residing there. In that state of the matter the trial Court was of the view that impleading of the defendant Nos. 37 and 38 showing their address in Bangladesh was not genuine since plaintiff himself averred that Karuna Moyee Dasi with her children..Category: Property Law | Date: | Hits: 59
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....94 by the learned Subordinate Judge, Munshiganj in Title, Appeal No. 36 of 1991 reversing those of the learned Assistant, Judge, Munshiganj dated 17-6-91 who dismissed Title Suit No. 36 of 1991 for declaration of title of 12 decimals of land out of 28 decimals of the suit plot. 2. Facts,......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
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