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Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......ourt. As a proposition of law the submission of Mr. Pal is sound, but from the findings of the two Courts below, we find it difficult to accept the challenge to the soundness of the learned Judge's decision. As has been observed that if the first question of the leave order does not stand, the s..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....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 ...... was challenged by an earlier Writ Petition being No. 112 of 1974 and the Rule was issued on 5.3.74. It was stated that during the pendency of the said writ petition in pursuance of the Government decision to release/return/hand over the specialised textile mills to the Bangalee share-holders/ow..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......titution. If both sides are to say who pays the teachers, how much are the tuition fees and how much are the donations and if a Court Sitting in writ has to go through this balance sheet to come to a decision on the applicability of the proper regulations, then it converts itself into a Court for de..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....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 ......he execution case. Being aggrieved, the Appellant filed the aforesaid Second Miscellaneous Appeal before the High Court Division which upheld the judgment of the first appellate Court. Against the decision of the High Court Division the appellant moved this Court and obtained leave to appeal on ..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... 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 ......ir affecting the interest of his wards he must be held to be guilty of negligence. Where negligence is established liability follows for all resultant consequences." In that decision the Full Bench surveyed the case laws on the subject and came to the conclusion that a dec..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....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. ...... the Managing Committee of the Appellant School, requested him to allow his relation Rehana Yasmin, to appear in the SSC Examination, though she fared very badly in the test examination. In view of a decision of the School Committee the plaintiff could not allow that student to appear in the SSC Exa..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....nclusion. The Legislature, however, even in abnormal circumstances, does not use such express or clear word or words which would necessarily imply such an unfair or unjust intent but resorts to legislative devices of incorporating "deeming" clause or extending the validity to even ......desh Supreme Court Digest, 1980‑81 Vol. 111, Page‑94. The same case is now reported in 43 DLR (AD) 104. The learned Judges of the High Court Division found themselves bound by the said decision but even then the Rule was discharged upon the view that the jurisdiction of the Court to ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....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. ......y Act was necessary prior to the institution of the suit as the tenancy of the defendant was terminated by efflux of time. 5. The learned Single Judge of the High Court Division took notice of the decision in the case of Pradhip Das alias Shambu and others Vs. Kajal Das Sarma and others, 44 DLR (..Category: Tenancy Law | Date: | Hits: 87
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. ...... 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 subject to appeal, there is no such ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....wer to settle all kinds of differences between them. As to Judge‑made law, it is true that authoritative decisions of the superior Court, if uniformly followed, ripen into law, in which case legislative backing is not necessary. But where such decisions are not uniform and they leave scope......r a doctrine known as doctrine of “implied term of the Agreement” the Arbitrator got power to award interest on his award. In support of their views, they referred to a great number of decisions from English and Indian Jurisdictions, in particular a decision of the Court of Appeal in..Category: Business or Commercial Law | Date: | Hits: 98
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. ......ition of the said 1.182 acres of land, keeping the written objection with him. The Ministry by its memo dated July 20, 1983 informed the Deputy Commissioner, Bakergonj that the Government had taken a decision on July 10, 1983 for resumption of the land acquired under LA Case No. 5 of 1959‑1960. On..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. ...... (2) A person in the service of the Republic (or of any statutory public authority) may make an application to an Administrative Tribunal Under sub‑section (1), if he is aggrieved by any order or decision in respect of the terms and conditions of his service including pension rights or by any ac..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....n 2 of section 439A has been negatived by sub-section (4) of section 439. The conflict arising out of the amendments seems to be the result of confusion and absence of proper application of the legislative mind which, in our opinion, can be removed by further amendments of these two sections......n the case of Safiqur Rahman Vs. N1 Chowdhury reported in 35 DLR (AD) 127, on interpreting sections 439 and 439A, the Appellate Division observed that there are some lacuna in the law. In the said decision, Fazle Munim, J. observed as under : "Having scrutinised the provisions..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....serted in the impugned judgment to emphasize the views of the learned Judges that the Appellate Division, in interpreting the law as to jurisdiction under section 561A, transgressed itself into the legislative field, and conferred upon the High Court Division a jurisdiction which the Legislature......hmed CJ.- In this appeal by special leave the question is whether the High Court Division has got power under section 561A of the Code of Criminal Procedure, (briefly the Code) to interfere with a decision given by the Sessions Judge in revision under section 439A of the Code. This Court the App..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. ......nal Deputy Commissioner to annul all actions taken in this regard and that if the requiring body still insisted on acquisition of land, alternative sites should be selected. In spite of the aforesaid decision of the Government the Deputy Commissioner, Dhaka, proceeded with acquisition of the case ..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. ...... referred to the Interest Act, 1839 (Act No. XXXII of 1839), one Decision of the House of Lords in the diocese of London, Chatham and Doper Ry Co. Vs. South Eastern Railway Co, 1893‑AC, 429 and one decision of the Privy Council in Bengal Nagpur Railway Co. Vs. Ruttanji Ramji 65 Indian Appeals, 66=..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 ......t the tenants should get the benefit of the abnormal circumstances of the period in question. In support of this contention the learned Advocate placed his reliance upon the observations made in a decision of this Court in the case of Ramjan Ali Mistry Vs. Hedayetullah, 31 DLR (SC) 183. The said..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 ......the case of the respondents found it a fit case for restraining the appellants and so issued the order of temporary 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 Hos..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... 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. ......ty in view of section 9 of the Public Servants (Retirement) Act of 1974 (Act No. XII of 1974). The said letter is annexed to the writ 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 w..Category: Employment/Service Law | Date: | Hits: 126
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 ......om the judgment of this Court in these appeals, passed on 28.3.84, that the respondents' arguments on the admissibility of the petitioner's documents, on which leave was granted, were noted but no decision thereon was given and it was held by this Court that the respondents' letter Ext. 7(d) can..Category: Banking Law | Date: | Hits: 125
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