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Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....or the protection of the interest of the minority share holders. The High Court Division passing the order directing the respondent company to take necessary action to conduct the company’s affairs in the manner prescribed in the articles of association, committed no illegality by passing ..Category: Business or Commercial Law | Date: | Hits: 95
Special Reference No. 1 of 1995, 24 CLC (AD)
....oon of the 4th July, 1995 the reference was received with a forwarding letter addressed to the Secretary of the Chief Justice and signed by the Secretary, Ministry of Law, Justice and Parliamentary Affairs with a request to place the Reference before the Chief Justice. The reference could not be add..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....here are no peculiar rules of construction applicable to the clauses and conditions in. a policy which are not equally applicable to the terms of other contracts. The conditions are to be construed fairly between the parties and the Court will endeavour to ascertain their meaning by adopting the ..Category: Business or Commercial Law | Date: | Hits: 114
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....le without showing the file to the appellant and giving her an opportunity to controvert those allegations on which the Court of Settlement relied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principle..Category: Property Law | Date: | Hits: 86
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....be definite and clearly ascertainable. This is why, gifts to unborn persons, gifts in futuro and gift of Musha have been held to be invalid. Rather, in their anxiety to see, that the transactions are fair and just to all the parties concerned, the Muslim Jurists have ordained against profiteering an..Category: Property Law | Date: | Hits: 146
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... of the facts and circumstances in particular, the conduct of the DIT, now RAJUK, the proposed acquisition, practically' of the whole of the appellant's land under the Lay‑out Plan, is not just and fair. It is not4ound to have been made in the larger public‑interest so as to overcome the bar of ..Category: Property Law | Date: | Hits: 79
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....f its inherent power, require the offending party, by issuing a temporary injunction in mandatory form, to restore the status quo ante. "We hold that "this principle is in consonance with fair administration of justice and this power of making an order of mandatory injunction on an inte..Category: Civil Law | Date: | Hits: 106
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....d in law in holding that the recommendation of the Ministry of Establishment is binding upon the Taxes Appellate Tribunal and that its newspaper advertisement is unilateral and void. In internal affairs between different Ministries/Divisions, particularly when a decision on a controversy can be ..Category: Constitutional Law | Date: | Hits: 161
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....urt Division acquitted him of all the charges. Although this is an appeal from the order of acquittal, the learned Additional Attorney-General rightly conceded at the very beginning, which showed his fairness, that the conviction under section 406 Penal Code was misconceived and he would not dispute..Category: Anti-Corruption Laws | Date: | Hits: 92
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....University Vs. Zakir Ahmed, 16 DLR (SC) 722 (733-734) “Nevertheless, the general consensus of judicial opinion seems to be that, in order to ensure the “elementary and essential principles of fairness” as a matter of necessary implication, the person sought to be affected must at least be ..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....arlier show cause notices issued by BTTB to BTL and from a combined reading of all these notices and replies thereof it is apparent that the principle of natural justice, namely, the opportunity of a fair hearing, has been substantially complied with in this case. BTL had more than one occasion and ..Category: Information Technology Law | Date: | Hits: 242
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
....ndents, who also perused the original chalan dated 26.12.1973, a copy of which has been put in with a sworn application, found it difficult to reconcile his client’s case. Dr. Rahman has been fair enough to say that in the face of such material the respondents’ case of having been in ..Category: Property Law | Date: | Hits: 57
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....th a broom-stick. I could in no way tolerate this. I became blood-thirsty and took the decision that I would kill my cousin and see who would enjoy the properties. In the afternoon of that day, a fair took place in our village on the occasion of 'Rath' (Chariot) festival. From the said fair,..Category: Criminal Law | Date: | Hits: 62
Abul Hossain and Abul Md. Vs. Amatu Md., 1972, 1 CLC (HCD)
....ence evidence, if any, under section 208 and then proceed further under Chapter XVIII. Another case which though not on all fours with the facts of the present case but which Mr. ATM Afzal was also fair enough to place before us should be mentioned here, for it has some bearing on the point at i..Category: Criminal Law | Date: | Hits: 82
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....dananda Ghosh & others 11 DLR 470 in delivering the judgment Gupta J observed: "To summarize, in the case of temporary injunction (a) an applicant must show a fair prima facie case in support of the right claimed: (b) an actual or threatened vio..Category: Civil Law | Date: | Hits: 100
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....d to implicate him also with an offence under the Penal Code without formally charging him therewith. The appellant was sought to be struck with two weapons, one open and another concealed. It is not fair for the prosecution to charge an accused in a manner so as to cause jeopardy to his defence. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....dicated that the matter was disposed of in a perfunctory manner by the trial Court. The applicant, in regular hearing, may or may not succeed in establishing this part of her case; nevertheless, a fair opportunity for a regular hearing of the petition cannot, in my opinion, be denied to her. In ..Category: Property Law | Date: | Hits: 69
State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....hould be sent back for retrial of the condemned prisoner on account of the belated appointment of an advocate by the State to represent him at the time of trial. The learned Legal Remembrancer was fair enough to draw our attention to the decision reported in 22 DLR at page 289 of a Division Benc..Category: Criminal Law | Date: | Hits: 154
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....gone into incidentally in order to declare the action of the government officials in pulling down the structures of the respondents to be without any lawful authority. Mr. Ahmed, however, has been fair enough to submit that in order to allay the misapprehension of the petitioners an observation ..Category: Property Law | Date: | Hits: 64
Jahir Gazi and others Vs. Belal Hossain, Advocate and others, 1999, 28 CLC (AD)
....sabled informant to go to Barisal repeatedly from Dhaka to depose in the case and to secure the attendance of other witnesses. The informant-party has also an apprehension that they will not get a fair and impartial justice in the Court of Barisal. Accordingly, the Rule was made absolute and the..Category: Criminal Law | Date: | Hits: 63