Search Options

Judgment Advanced Search

Displaying 4701-4720 of 5057 results.

Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)

....nt to a lower post (by way of alteration of sentence) in an institution like, bank when the authority thereof had decided to get rid of him on charges of negligence, etc, which were fully proved. The relevant portion of the Tribunal's judgment may be quoted here: বর্তমান ক্ষ......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. ...... Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant (In Civil Appeal No. 50 of 1992). Dr. Kamal Hossain, Senior Advocate (Mainul Hosein and Md. Joynal Abedin, Advocates with him) instructed by Md. Aftab Hossain, Advocate­-on-Record- Fo......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

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....balanced purchase price had been kept deposited in any bank, it would have given an amount of Tk. 33,16,645.00 by way of interest of the said amount." 23. The trial Court in the money suit framed relevant issues of which issue No. 3 is to this effect,“বাদী ক্ষতিপূরণ......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. ......ct Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of price of goods supplied. The ge......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

Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)

....l circumstances prevented the tenant from paying rent to the landlord. The trial Court on consideration of the evidence found that in view of the abnormal condition prevailing in the country at the relevant time the default in payment of rent would not disentitle him from the protection. The lea......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 ...... Judgment November 5th, 1980. Case Referred to- Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record, (absent) - For the Appellant. Md. Aftab Hossain, Advocate-on-Rec......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 ..

Category: Property Law | Date: | Hits: 79

Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)

....vants (Retirement) Act, 1974 was not applicable to him. 13. To take up the second contention first if is to be observed that admittedly the respondent had not completed 25 years of service at the relevant time and as such his option for retirement was not exercised under tic aforesaid Act. That ...... 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. ......e Division (Civil) Present: Shahabuddin Ahmed CJ ­MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Responden...... 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)

....revious autocratic regime. 8. It is contended that the High Court Division rejected the petitioner's application summarily by wrongly holding that "in any view of the matter, if Rule 14(5) and the relevant SRO guiding the appointment of the petitioner is read together and the President is found t...... 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.......f State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Syed Amirul ...... 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

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 ...... Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioner in both the petitions. Asrarul Hossain and Syed Ishtiaq Ahmed, Senior Advocates instructed by Md. Aftab Hossain, Advocate-on-Record-For th......rlier. The learned Additional District Judge found, vide his judgment and decree dated 21.9.79, that there was no cogent evidence as to the amount that was due from the respondents. He rejected the documents produced by the petitioner as inadmissible. Relying on Ext. 7(d), a letter written by re..

Category: Banking Law | Date: | Hits: 125

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....eld that a vested right created by statute could be taken away by amending or repealing the statute. 18. On careful examination of facts of the instant cases vis‑a‑vis the Principles and Rules relevant to them, I find that the question of seniority of the writ petitioners and others was not s......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. ......sion (Civil) Present: Sahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secre­tary, Ministry of Communications, Road and Road Transport Division and another …………Appellants (In Civil Appeal Nos. 44, 45 & 48......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. ..

Category: Employment/Service Law | Date: | Hits: 97

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....t notice go to the respondents (date of order)" We are of the opinion that the view taken and the procedure laid down by the Judicial Committee for dealing with time‑barred appeals remain very much relevant and valid even to this day and requires to be followed. 14. However, the Privy Council ...... arise. The question whether the appellants had knowledge about the decree is a matter for investigation at the time of hearing of the appeal. If at the time of hearing the appellants by reference to papers of the lower court records can satisfy the suppression of summons and absence of knowledge ab......s also Reported in: 46 DLR (AD) (1994) 13. ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..

Category: Procedural Law | Date: | Hits: 121

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

.... to dilate on all the points raised at the time of granting leave. Nevertheless, it requires to be said that the High Court Division misdirected itself in deciding the matter by travelling beyond the relevant law as would be applicable for a decision as to the custody of a minor pending criminal pro......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......pellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nas......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

....ed above, was forwarded. How could he know of the resolution and how could he procure a copy thereof. In dealing with the case of any employee the Board of Directors may take into consideration any relevant matter including allegations against him and it is for the Board to decide whether the em......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. ...... Present:  Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others .......  Appellants Vs. Mohammad Abdul Mannan............ ......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. ..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

....n 75 of the Act, 1953 all developments and construction, both public and private, must be in conformity with the Master Plan or with amendment thereof. 12. Further from the contents of the relevant portion of Master Plan, Annexure B to the writ petition, the copies of two layout plans da......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.   ......in J MM Ruhul Amin J Md. Tafazzul Islam J Sharif Nurul Ambia.....................................Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. Th......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.   ..

Category: Environmental Law | Date: | Hits: 293

Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)

....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. ...... purchase, that plaintiff failed to prove his title and possession in the land in suit, that the plaintiff as well as defendants have no right, title and interest as well as possession and that the papers relied upon by the plaintiff and defendants in support of their respective claim cannot be c......ion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Po......aruna Moyee Dasi including the land in suit upon overlooking the fact that the said affidavit and the Power of Attorney were not proved by calling the competent witness and because of that the said documents were left out of consideration by the trial Court. The appellate Court while considering ..

Category: Property Law | Date: | Hits: 59

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....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. ...... Present: Mainur Reza Chowdhury J SJR Mudassir Husain J Serajul Islam & others ...................Petitioners Vs. Md. Abdur Razzaque Chowdhury and another.................Respondents Judgment April 15, 2002. The State......he impugned judgment of the High Court Division. It appears that the learned Single Judge found that the learned Subordinate Judge, the appellate Court being the final court of fact, considered the documents of title of both the parties and found that the plaintiffs' predecessor Nowab Ali purchas..

Category: Property Law | Date: | Hits: 43

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....misappro­priated by the respondent Nos. 2 and 3. Under the aforesaid facts and circumstances, the respondents filed a petition under section 233 of the Companies Act. Upon that application the relevant company case was started. 4. The petitioner contested the Company case by filing a...... general meeting of the share holders but the petitioners 2 and 3 did not make any response. The respondents then referred the matter to the Registrar, Joint Stock Companies. On examination of the papers, he referred the matter to the Ministry of Commerce who appointed a firm of the Chartered Ac......eme Court Appellate Division (Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others..............ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 86

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

....ic; the executing Court erred in law in entertaining the application of the decree holder under Order XXI, rule 56, CPC in the absence of any specific provision made in the Appropriation Act of the relevant year for payment of decretal dues against the Republic from out of the Consolidated Fund ...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Bangladesh Bank…………………….Appellant Vs Rana Awan and others......................Respondents Judgment July 25, 2004. In case...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..

Category: Civil Law | Date: | Hits: 104

Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)

....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......said situation the High Court Division in its revisional jurisdiction was not well founded in law to set aside the finding of the last Court of fact. The lower appellate Court on examination of the papers filed by the defendant-respondents in support of their case held that in the plaint of Title......st of Taka 5,000. Ed. ......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..

Category: Property Law | Date: | Hits: 51

Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)

....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ...... has also filed affidavit-in-opposition stating, inter alia, that the Government took decision to sell the premises and authorized RAJUK for the purpose. The RAJUK invited tenders through various newspapers and pursuant to the tender notice the respondent had participated and deposited Taka 10,00,00...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15, 2005. The Ban......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 67

Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)

....im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ......ard Mr. Fazlul Karim, the learned Counsel for the appellants and Mr. Mahmudul Islam, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 10. It is not disputed that the pre-emptor is a co-sharer by inheritance in the cas...... Ed. ......im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ..

Category: Property Law | Date: | Hits: 64

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....g Academies at Sarda and Mirpur shall, however, be executed by post. The office is directed to transmit a copy of this Rule to the learned Attorney-General, so that he can mark his presence at the relevant time to assist the Court. 5. In Criminal Appeal No. 12 of 2004 on receiving the cl......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ...... Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Shahudul  Haque, IG Police and others..................Appellants Vs. State............................Responde......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..

Category: Criminal Law | Date: | Hits: 64

Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)

....itions along with application for stay for hearing by the Full Court on a date suiting the Court's convenience. The said application was allowed by a Bench of the Appellate Division. 7. The relevant portions of the application filed in CP No.88 of 2006 run as under: "2. ......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ...... Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election Commission represented by the Chair­man (Chief Election Commissioner) and anr.......Respondents Judgment April 17, 2006. Cont......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..

Category: Election Law | Date: | Hits: 108