Search Options
Judgment Advanced Search
Displaying 5301-5320 of 5867 results.
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
.... premises was about to be taken over by Me Custodian of Enemy Property and proforma‑defendant 3 moved the authority concerned for release of the same and get the property released by an order dated 18.8.66. Defendants 1 and 2 on getting scent of aforesaid order of release of the suit promi......es in the court of House Rent Controller in the name of Custodian, Enemy Property and Shakti Benode and others and thereafter stopped payment of rent to court also. The plaintiffs served quit notice under section 106 of the Transfer of Property Act on defendants 1 and 2, asking them to vaca......hree sons. In the recent Settlement operation the suit plot was recorded in the names of Shakti brothers. Shakti Benode and his two brothers while in possession entered into a contract on 11.12.55 for sale of the suit premises in favour of proforma defendant 3 Nasiruddin and a Bainapatra was exe..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....tioner. 3. In pursuance of the Government decision to release the Mills in favour of the Bangalee shareholders volume of correspondences was made by the parties. The perusal of those letters dated 18.6.77 Annexure‑C, 21.6.77 Annexure‑D, and the letter dated 11.1.77, 19.4.77, 4......d was taken in their affidavit‑ in‑opposition, nor any paper was produced before the Court to show that the Government had revised the earlier order in question. The High Court Division noticed even "the respondent No. 3 did not take the stand that the Government had revised its ...... of 1979 from WP 701 of 1977. Judgment: Badrul Haider Chowdhury J.- Those two petitions for special leave to appeal are directed against the judgment and order passed by the High Court D..Category: Constitutional Law | Date: | Hits: 157
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......ioner fixing a date of oath within thirty days from the publication of results. 18. Now we come to section 6 of the Ordinance, which after various amendments, latest by Act No. X of 1991, unnoticed by the High Court Division, stands as follows: "6. Term of Union Parishads,......d order of the High Court Division dated 22.6.93 in Writ Petition No. 1389 of 1982, making the Rule Nisi absolute. Md. Abdul Mannan @ Manu, respondent No. 4 in the writ petition, is the appellant before us. 2. It was the case of the writ petitioner Md. Sajedul Hoque (respondent No. 1 herei..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 ......urt Division considered the evidence and found that Roy Bahadur TL Ghose had 3 daughters by his wife Nanibala Ghose and these daughters were named as Usha, Rekha and Shika. The High Court Division noticed that the evidence disclosed that the difference in the name of Usha Rani as transpired from...... Division in FA No. 68 of 1962. 2. The appellants are plaintiffs. They filed a suit being Other Suits No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in questio..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...... of the plaintiffs. Abdus Sobhan died during the subsistence of the monthly tenancy with Hazi Karam Ali, the original monthly tenant and predecessor-in-interest of the defendants. Plaintiffs served a notice under section 106 of the Transfer of Property Act to vacate the premises and thereafter the s......evision Nos. 146 and 147 of 1987, making the Rules absolute after setting aside the two orders passed by the Munsif, Additional Court, Sylhet in Title Suit No. 117 of 1986, rejecting the applications for amendment of the written statement and for recalling PW 1 for re‑examination. 2. To narrate..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). ......s absent on 7 April 1988, but the enquiry committee continued its proceeding without adjourning it and without giving a reasonable opportunity to the plaintiff to defend himself. No second show cause notice was served before passing the order of dismissal. 2. The case of the appellant, the school...... Court Division, Dhaka in Civil Revision No. 954 of 1991). Judgment MH Rahman J.- Respondent No. 1 instituted Title Suit No. 122 of 1987 in the Court of Assistant Judge, Fourth Court, Dhaka for a declaration that the order dismissing him from the post of Headmaster of the Post Office High ..Category: Employment/Service Law | Date: | Hits: 101
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
.... Nurul Huq, Senior Advocate (Khairul Haque, Advocate with him) instructed by AKM Shahidul Huq, Advocate-on-Record -For the Respondent. Civil Appeal No. 90 of 1993. (From the judgment and order dated 2.9.93 passed by the High Court Division, Dhaka in Civil Revision No. 2291 of 1990). Judgme......nce, 1963 (XX of 1963), section 18 (1) (c) The Transfer of Property Act, 1882 (IV of 1882), section 105 & 106 Whether a tenant can be evicted on the expiry of the period of lease without a notice under section 106 of the T.P. Act. Per Latifur Rahman J: The provisions of the Rent C......d to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy is‑ determined by giving a notice as contemplated under section 106 of the Transfer of Property Act no suit for ejectment of a monthly tenant can be filed………………………..(13) Per Mustafa Kama..Category: Tenancy Law | Date: | Hits: 87
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......4 of 1992 the appellant, as Assistant Judge in the Bangladesh Civil Service (Judicial), was found guilty for antedating the date of the hearing of a proceeding in his court. After a second show cause notice he was dismissed from service by an order under the authority of the President on March 7, 19...... and High Ways and Others …Respondent (In Civil Petition No. 346 of 1992) Judgment July 26, 1993. Result: The two appeals, CA Nos. 24 and 82 of 1992 are allowed. The Civil Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 19..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 ....... Dr. M Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-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, 1..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......ultimate result of the two Appeals was that the Arbitration Award for the principal sum due along with interest was red. In coming to their conclusion the learned judges of the High Court Division noticed that there was no statutory law in Bangladesh empowering an Arbitrator to allow interest on......ns 30 and 33 of the Arbitration Act, 1940. The learned Subordinate Judge had, in his judgment, modified an award dated 20 September 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us re..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
....bedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for leave to Appeal No. 12 of 1994. (From the Judgment and Order dated 6.12.93 passed by the High Court Division in Writ Petition No. 1351 of 1993). Judgment......ule Nisi was made absolute was that the enquiry against the respondents' Managing Committee under section 84 (1) of the Ordinance in pursuance of which the Managing Committee was given a show cause notice having been conducted by an incompetent official the impugned order could not be sustained. ......on-Record-For the Petitioners. Mainul Hosein, Advocate (Joynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for leave to Appeal No. 12 of 1994. (From the Judgment and Order dated 6.12.93 passed by the..Category: Others | Date: | Hits: 89
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 .......Respondent-Plaintiff Judgment January 18, 1994. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), section 20 & Or. VII r. 10 Cause of action for the suit arose from the stoppage of supply of tea to the plaintiff from the tea estate within th..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented -Respondent Nos. 2-17. Civil Appeal No. 70 of 1990. (From the judgment and order dated June 7, 1988 passed by the High Court Division, Dhaka in Writ Petition No. 162 of 1985). J......omplications. 4. The Government's case is that from April 2, 1963 to October 18, 1983 the respondent company did not use the land for the purpose for which it was acquired, and, hence, by giving notice to the company and upon hearing a decision was taken to resume the land. The impugned order w......ivision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Trust of Bangladesh Ltd. and othe..Category: Property Law | Date: | Hits: 69
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 ...... his submissions personally on 16.9.86. As there was no witness/officer examined from the side of the Bank there was no question of cross-examining anybody. The authority served a second show cause notice for awarding the major penalty of dismissal from service to which the respondent replied and ...... modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished 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 considere..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... Amirul Islam Chowdhury J : These three applications under section 561A of the Code of Criminal Procedure are directed against the orders dated 15.8.93 and 17.7.93 respectively passed by the Sessions Judge, Sherpur, Sessions Judge, Mymen......nt decisions of the Appellate Division cited by the learned Advocates of the parties with regard to the interpretation of section 561 A of the Code of Criminal Procedure, it was not brought to the notice of the learned Judges of the Appellate Division that those decisions were given at a time wh...... Criminal Revisions Nos. 71 of 1992, 207 of 1993 and 439 of 1985. 2. Since the same points of law are involved in these three applications they are disposed of by this judgment. 3. Before disposal of these applications, it is necessary to say a few words in respect of sections 439 ..Category: Criminal Law | Date: | Hits: 76
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). ......ng sections 439(4) and 439A of the Code, held that the application under section 561A is not maintainable as the High Court's jurisdiction is completely barred by section 439(4). In coming to look notice of some earlier decisions of the Appellate Division on the same question and indicated that ...... of the High Court Division was passed on 21 November 1993 in Criminal Revision No. 2054 of 1993, which was heard along with two other revision cases. Facts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging that they had, by t..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......their ancestral homestead, for washing and drying clothes. In the first week of January, 19815 they came to know that the Authorised Officer and Lend Acquisition Officer, Dhaka in June, 1984 issued a notice under section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord......Respondents (In Civil Petition No. 58 of 1992) Subash Chandra Das and ors..................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993..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). ......ums be payable by virtue of some written instrument at a certain time; or if payable otherwise, then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of pa......Judgment November 29, 1993. Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract 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 f..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 ...... that the respondent instituted two separate suits for ejectment of the appellants from the respective suit premises on the ground that they were defaulters. The suits were instituted after serving notice under section 106 of the Transfer of Property Act. It was alleged that the appellant Kalu Mo...... Ruhul Islam J.- These two appeals were heard analogously and are, being disposed of by this judgment. Facts, in short, are that the respondent instituted two separate suits for ejectment of the appellants from the respective suit premises on the ground that they were def..Category: Property Law | Date: | Hits: 79
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 1. Not Represented - Respondent No. 2. Civil Appeal No. 69 of 1992. (From the Judgment and Order dated 20.7.1992 passed by the High Court Division, Dhaka in Writ Petition No. 2270 of 1990.) Jud......have decided the case on the principle: 'Allegans contraria non est audiendus', which means, he is not to be heard who alleges things contradictory to each other. Now the facts of the case may be noticed in details. Respondents No. 1 in his writ petition No.1990, inter alia, averred that while w......72 and the service of the respondent vested in the Corporation under said Order. The respondent was promoted to the post of Manager in the Corporation with effect from 8.12.1973 and sent to Australia for higher training in tourism and then to Japan and he successfully completed both the courses. Whi..Category: Employment/Service Law | Date: | Hits: 126
11541153114911481147114611441143114111401138113711361135113411331132113111301128