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Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ...... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ...... Judge and Election Tribunal, Patuakhali. The Tribunal, by an order dated 24 April 1993, directed for recounting of ballot papers on 2 May 1993 in presence of all concerned including the Presiding Officers. This order was challenged before the High Court Division in Writ Petition No. 749 of 1993..Category: Election Law | Date: | Hits: 119
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... Vs. Ataur Rahman Chowdhury and others .............................Respondents Judgment January 16th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Petitioners. ...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ...... for 3 years from 28.10.91 to 28.10.94, obtained as petitioners a Rule Nisi in Writ Petition No. 1351 of 1993, challenging the order dated 2.8.93 passed by respondent No. 12, District Co-operative Officer, dissolving the managing committee on certain allegations under section 22 of the Co-operat..Category: Others | Date: | Hits: 89
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....CD 364; Rahmania Trading Co. Vs. Eagle Star Insurance Co. Ltd. PLD 1960 (SC) (Pak) 202 & Bhola Nath Vs. Empire of India Life Assr. Co. AIR 1948 Lah. 56. Lawyers Involved: Asrarul Hussain, Senior Advocate Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate-on-Record -For the Peti......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 ..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ms, Government of Bangladesh, 27 DLR 597. Lawyers Involved: B Hossain, Deputy Attorney‑General, instructed by MR Khan, Advocate-on-Record (absent) - For the Appellants. Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not r......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. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....parently because he had lost their confidence which is so essential in a financial institution. Compulsory retirement is the proper penalty …………..(16) Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant (In Civi......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. ......ment ATM Afzal J.- These two appeals by leave, Civil Appeal No. 50 of 1992 by the Sonali Bank and Civil Appeal No. 51 of 1992 by the respondent of the former appeal, who was the Senior Principal Officer/Manager of the Sadarghat, Dhaka Branch of the Bank, arise out of the same judgment and order..Category: Administrative Law | Date: | Hits: 143
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
.... Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondents Judgment March 8th, 1994. Lawyers Involved: Maksum-ul-Hakim, Senior Advocate (Zakir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -...... any other evidence and consequently the conviction was based on 'no evidence' which could be quashed by the High Court Division in exercise of its inherent power under section 561A. 9. The Judicial Committee of the Privy Council‑in the case of Emperor Vs. KA Nazir Ahmed, AIR 1945 P......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 ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....onal Attorney-General, (B Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. (In Civil Appeal No. 20 of 1993). Fazlul Karim, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent Nos. 1‑3. (In ......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. ...... case land from time immemorial, as the vacant northern portion of 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 Acq..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....70 (SC) 1201; M/s AZ Company Vs. M/s Moula Baksh Mohd. PLD (1965) (SC) 505 =17 DLR (SC) 404; Secretary, Irrigation Department Vs. GC Roy, AIR 1992 (SC) 732. Lawyers Involved: Asrarul Hossain, Senior Advocate (Mozammel Haque Bhuiyan, Advocate with him), instructed by Mvi. Md. Wahidullah, Advo......for the two subsequent periods as usual. The High Court allowed interests for all the three periods, as mentioned in section 34 CP Code, including the period prior to the institution of the suit. The Judicial Committee of the Privy Council rejected the claim of interest for the pre‑suit period (fr......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
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....Baker 8 CP 350. Lawyers Involved: AKM Nazrul Islam, Advocate (MA Tariq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Appellants. Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 1. No...... authority to pass such an order? The answer, we have no manner of doubt, must be in the negative. The principle which compels the said answer is as will established as it is rooted in antiquity. The Judicial Committee in the case of Sarat Chunder Dy Vs. Gopal Chunder Laha, Indian Appeals (1891‑92...... 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)
....hbub 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 Islam & ABM Khairul Huq, Advocates with him), instructed by Mvi. M...... 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...Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
.... Vs. Haque Brothers (Carbide) Ltd. …………..Respondent [In both the cases] Judgment August 5, 1993. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-......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 ..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 ......say is that a Judge of the Supreme Court even after retirement remains a Judge and when a provision has been made in Article 99 of the Constitution for appointment of a retired Judge only in "Judicial or quasi-Judicial office" where independent and impartial dispensation of justice is ......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 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e Appellants (In Civil Appeal No. 44 to 49192). Abdur Rab Chowdhury, Advocate, instructed by Shahabuddin Ahmad, Advocate-on-Record-For the Appellants (In Civil Appeal No. 62 of 1992) TH Khan, Senior Advocate, (MA Wahab Miah, Advocate with him) instructed by NH Khondkar, Advocate-on-‑Record......e. In other words, the learned Counsel has tried to invoke the "doctrine of severeability" as explained in Cooley's Constitutional Limitations, Vol. 1, p. 366, Dr. Wyness's Legislative, Executive and Judicial Powers in Australia, P.47, Seervai's Constitutional Law of India para. 3.10 and the case re....... State of Haryana, AIR 1987 (SC) 1858; TR Kapur Vs. State of Haryana, AIR 1987,(SC) 415; Manzoor Qadir, 22 DLR (SC) 65, Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) I 11; Sk. Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Jibendra KA Chowdhury Vs. East Pakistan, 9 DLR (SC) 21 and Pravakaran Vs. S..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
.... Chowdhury Saifuddin Ahmed Vs. Shamsuddin, 40 DLR 10; Krishnasami Vs. Ramasami 41 Madras 412 (PC) & Sunderabai Vs. Collector 43 Bom 376 (PC). Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Habibul Islam Bhuiyan, Senior Advocate with him) instructed by Md. Sajjadul Huq, Ad......ined with reference to facts which are likely to be disputed, the court must make the exercise under section 5 of the Limitation Act before admitting the appeal with notice to respondent. 12. The Judicial Committee in Krishnasami Vs. Ramasami, 41 Madras 412 (PC) and Sunderabai Vs. Collector, 43 ......nt cause for not preferring the appeal within such period. Order XLI rule 9(1) of the Code of Civil Procedure provides that where a memorandum of appeal is admitted, the Appellate Court or the proper Officer of that Court shall endorse thereof the date of presentation and shall register the appeal ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....tifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nasar Md. Gaziul Haque, Senior Advocate instructed by Md. Ozair Farooq, Advocate-on-Record-For the Appellant. M Shamsul A......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. ......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
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ner Vs. Chairman, Court of Settlement and another …………..Respondents Judgment May 19th, 1991. Lawyers Involved: Moksumul Hakim, Senior Advocate (Md. Zaker Hossain, Advocate with him) instructed by Abu Backkar, Advocate-on-Recor......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....7 (SC) I 11; Central Inland Transport Corporation Vs. Brojanath, AIR 1986 (SC) 1571 and MK Agarwal Vs. Gurgaon Gramin Bank, AIR 1988 (SC) 286. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court (MA Wahab Miah, Advocate with him) instructed by Md. Aftab Hossain, ......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. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....halequzzaman, Advocate-on-Record—For the Appellant. Dr Kazi Akhter Hamid, Advocate, instructed by Abu Siddique, Advocate-on-Record—For Respondent No. 1. Mainul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 5. ......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. ......ey have done so far…………..(23, 25-28). Cases Referred to- V Lakshmipathy vs. State of Karnataka reported in AIR 1992 Karnataka 57; RV Paddingtom Valuation Officer Ex P Peachey Corporation Limited vs. State (1966) 1 QB 380 (400). Lawyers Involved..Category: Environmental Law | Date: | Hits: 293
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record—For the Petitioners. ......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
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....;…(12) Case Referred to- Syed Al Nesar Ahmed MD, United Food Complex Ltd. vs. Nafisa Choudhury and others 53 DLR (AD) 83. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Md. Ataur Rahman Khan, Advocate-on-Record—For the Petitioners. ......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. ......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
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