Search Options
Judgment Advanced Search
Displaying 5221-5240 of 5707 results.
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....ew. When the President passes the order of dismissal he, being the highest constitutional functionary, cannot be termed or deemed as the higher authority when he review his own order. The second proviso indicates that a Government Servant may come to the Tribunal within six months from the date of a......ministrative authority. The first proviso to section 4(2) is not attracted in these two appeals. 24. The second proviso to section 4(2) presents a paradox and in the two appeals before us, we are called upon to solve them. I may as well reproduce the second proviso: "Provided further that no......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. ......€¦â€¦â€¦â€¦..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder ......Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....amal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Respondent (In......se, is one among those cases in which Courts allowed interest in arbitration proceedings. In England the first statute governing payment of interest is the Civil Procedure Code, 1833, which is also called Lord Tenterden's Act. This Act authorised common law Courts, in which actions were tried by ...... CA 46 of 1991 the seller (plaintiff) claimed the price of goods sold along with interest thereon as the buyer (defendant) did not pay it in terms of an Agreement that governed the transaction. The trial Court decreed the suit and allowed interest on the principal sum by way of compensation, usin......afa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Responde..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....nt it appears that the agreement 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 wh......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 ......d by the parties at Dhaka, 2) none of the parties is a resident within the jurisdiction of the Court and 3) nothing is required to be done under the agreement within the said jurisdiction. 4. The trial Court rejected the petition on 5.10.93. The High Court Division in refusing to interfere with ......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing DireÂctor....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Respondent-Plaintiff Judgment January 18, 1994. ..Category: Procedural Law | Date: | Hits: 91
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....shed record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But it can never be considered to be a good exercise of discretion when a person is reinstated in an institution like a bank by way of altering an order of dismissal from servic......gence and serious irregularities in opening the disputed letters of credit in the name of fictitious persons causing huge loss to the Bank, that he prepared false credit reports for the benefit of so-called importers in utter disregard of his duties, that the whole transaction was collusively made f......re is a fundamental difference between 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 r...... 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, AdvocateÂ-on-Record- Fo..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....iction or to entertain any proceedings in revision with respect to an order made by the Sessions Judge under section 439A". 6. It may be mentioned here that in India and Pakistan also section 439A had been inserted by amendments (in India Code section 399) in their respective Cod......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 ...... accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....igation submitted charge-sheet against these three appellants under sections 323 and 379 of the Penal Code. The Informant filed a naraji-petition before the Haluaghat Thana Magistrate alleging that some other accused persons were excluded from the charge‑sheet in spite of evidence against t......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 ......ourt Division concluded. This Court (Appellate Division) found that the High Court Division proceeded on the assumption that section 561A is meant only for quashing a criminal proceeding before the trial starts and that when the trial has been concluded, the accused may file an appeal and a revis...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, M..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
.... salient features of the case are being described below. 3. Defendant, Sonali Bank took up a scheme called "Bikalpa" for helping unemployed University graduates by providing them with taxi‑cars so that they could earn their livelihood as taxi-drivers. Under this scheme the defendant-Bank decid......y for us to enter into the details thereof. For the purpose of disposal of this appeal, however, salient features of the case are being described below. 3. Defendant, Sonali Bank took up a scheme called "Bikalpa" for helping unemployed University graduates by providing them with taxi‑cars so t...... plaintiff to the defendant, and as such, the question as to interest is not of much relevance. 2. The disputed questions as to facts of the case have been concluded by concurrent findings of the trial Court and the appellate Court, and as such, it is not necessary for us to enter into the detai......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..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....earned Single Judge of the High Court did not give any consideration to this aspect of the case, namely, that the abnormal situation prevailing in the year 1971, effect of which still continued for some time even after liberation, were beyond the control of the tenant. 4. On perusal of the......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 ......defendant in both the cases that the suit premises were damaged by the Pak Army and these were repaired by the defendants at their own cost which was not adjusted by the landlord. According to the trial Court, the defendant in both the cases "should get the benefit of the abnormal circumsta...... 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..Category: Property Law | Date: | Hits: 79
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....tuted under the Commission of Enquiry Act, 1956 for an enquiry into the circumstances leading to the heavy damage to aircraft and vessels based at Chittagong during the cyclone of April 29, 1991; and some questions were raised in the parliament and press reports were widely published as to the cause......ment of Special Additional Pension was not available to him, because he was compulsorily retired from service due to inefficiency. It is contended that had the High Court Division issued the Rule and called for the records, it would have been clear that he was retired from service for malafide reaso...... 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 ..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....9 equivalent to US $ 1,90,609.05 only as on 1.7.77 with interest at the rate of 7½% and liquidated damages at the rate of 2% on the defaulted amount till final payment of the entire dues, also for directing the respondents to pay the said amount with aforesaid interest, liquidated damages......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 ...... exchanged (sic) during the pendency of this application", i.e., if the exchange rate was higher during the pendency of this application. 3. Before the close of the argument during the trial of the miscellaneous case before the learned Additional District Judge, 5th Court, Dhaka the ...... 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..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....tition taking the ground that it was malafide and repugnant to the principle of judicial independence as well as against public policy. The Rule was discharged by the High Court Division, with some observations against a Secretary of the Government; he has now come before us with an applicat......on was contested by the Government through the Secretaries of Works and Establishment. The High Court Division after hearing both the parties accepted the petitioner’s allegation that he was called by the Secretary of Works through his PA and observed that such action was extremely objecti......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 .........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others……………… Respondent Judgment Novem..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....Md. Nabinoor Islam Khan and anr …….Respondents (In Civil Appeal No. 49 of 1992) Judgment October 28, 1993. Cases Referred to- Narendra Chadda Vs. Union of India, AIR 1986 (SC) 638; Asoke Gulati Vs. BS Jain, AIR 1987 (SC) 424 ; PD Agarwal and another Vs. State of UP and others, AIR ......ntment by the Public Service Commission, briefly the PSC. This period was extended from time to time in consultation with the PSC. In 1977 the PSC by an open advertisement held an interview, which he called "Competitive Examination," for appointment of Assistant Engineers on regular bas4s. 'Petition......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 SecreÂtary, Ministry of Communications, Road and Road Transport Division and another …………Appellants (In Civil Appeal Nos. 44, 45 & 48..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....e for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellant. Facts are, that accused Amatun Nessa (acquitted since then) inherited 28 3/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 on consideration......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......eal by special leave is from an order of acquittal passed by a Single Judge of the High Court Division on April 12,1979 in Criminal Appeal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 o...... Fazle Munim J Shahabuddin Ahmed J. Amjad Molla................................Appellant Vs. Syeduzzaman Molla and others …………… Respondents Judgment &nb..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
.... is allowed. The Limitation Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved ......ppeal, the court has first of all to be satisfied that there was sufficient cause for not filing the appeal in time. The appellant has to make out a case of sufficient cause by filing an application, called a petition for condonation of delay. Mr. Ahmed argued that it is not required by section 5 of......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. ......s 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)
....No. 2, however, claims that she is aged about 19 years and she married accused Azizur Rahman of her own accord. She is presently staying since 13.9.92 with her cider sister whose husband, Yunus, is also an accused in the case. The Chief MetroÂpolitan Magistrate, Dhaka refused the prayer of the appe......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. ......teen) years of age as laid down in section 361 of the said Act. Indeed for proving the offence of kidnapping (section 363 Penal Code) the minority of the victim as above will have to be proved at the trial. If, however, the allegations are that of procuration of minor girl attracting section 366A of......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..Category: Criminal Law | Date: | Hits: 68
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....bsp; Md. Ruhul Amin, J.- This is plaintiffs' appeal by leave against the judgment dated July 23, 1996 of the High Court Division in Civil Revision No. 1835 of 1994 making absolute the Rule obtained against the judgment and decree dated February 24, 1994 of the Court of D......iff has been found not genuine and accepting the said finding the appellants are claiming title by adverse possession. The claim so made is not legally well founded. 10. The question that called for determination in the instant case is, whether the plaintiff was able to make out a case ......by false personation, that a case of forgery was filed against the defendant No.1 and others and they were found guilty and were convicted but on appeal they were acquitted on technical ground that trial was held without obtaining sanction since one of the accused was a public servant. It was al......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..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....n J.- The petitioners seek leave to appeal against the judgment and order dated 5-11-2001 passed by a Division Bench of the High Court Division in Civil Revision No. 5326 of 2000 making the Rule absolute. 2. The facts leading to the leave petition are that the preemptor respondents init......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......he case land by spending lot of money and now that it has become a valuable, land the preemptor respondents are trying to grab the case land on the basis of some false deeds. 4. The trial Court by its judgment dated 29-11-1998 allowed the application for pre-emption. On appeal the...... ..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....cimals of land out of 28 decimals of the suit plot. 2. Facts, leading to the filing of this petition are that the Suit plot measuring 28 decimals, belonged to Nagar Ali. He died leaving two sons Abdul Gafur and Sayeed Ali and two daughters Rahiman Nessa and Raimun Nessa. Abdul Gafur also ......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. ......ntainable in law in view of the fact that SA Record was prepared long before 6(six) years of filing of the suit which recorded possession of the land in the name of the defendants. 5. The trial Court dismissed the suit. On appeal, it was reversed decreeing the suit. In Civil Revis...... 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..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....dul Kader, respondent No.3 held 375 shares and Md. Chand Mia, respondent No. 4, held 1,875 shares. They are related to one other. The company was incorporated in 1980 according to the Articles of Association of the Company and was registered under the Companies Act, 1913. It was stipulated in th...... of the minority share holders. 2. The short facts, leading to this leave petition are that the respondents are promoters/ shareholders of the petitioner No.1 Company, hereinafter shortly called the company. The deceased respondent No.1 purchased 1,875 shares out of 6000 shares of the C......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. ......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..........Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....Writ Petitions have become infructuous and as such the Court was reluctant to examine and decide the question whether in view of the provisions of Article 147 (3) of the Constitution with its proviso, the holding of the post of Executive Director by the appellant after he became a Minister was v......, Tihar Jail, Delhi and others reported in AIR 1975 SC 1505. In that case the Rules in Jail Manual, making discrimination between European and Indian prisoners in regard to treatment and diet were called in question but the Court did not think it necessary to interfere as the petitioner was no l...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......ection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefaq Group of Publications Ltd. In his capacity as Executive Director of the Company and as the Printer, Publisher and Editor of the Daily Ittefaq while he was a Minister. Since..Category: Civil Law | Date: | Hits: 103
11431140113711351134113311311130112711261125112411231122112111161114111311121110