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Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....ance, read with the aforesaid Rules the appellant and respondent Nos. 5-13 ought to have taken the oath of their office within thirty days from the said Gazette Notification i.e. within 5.4.92. The time for making the oath was also not extended for any good cause shown as required by section 13(b......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....ution Case. No. 37 of 1954 of the First Court of Subordinate Judge, Chittagong. This property belonged to Nanibala, mother of the appellants who died leaving the plaintiffs as her heirs and at the time of her death the plaintiffs were minors. The plaintiff's father borrowed some money from the d...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....s examined as PW I and he was cross‑examined by defendants and PW 2 Bhupendra Mohan Chandra was examined on that date and the plaintiffs closed their case. Thereafter the case was adjourned for six times and ultimately it was fixed on 9.12.86 for further hearing and summons were issued upon defend......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....ed. In RJ Singh Vs. State of Delhi AIR 1971 (SC) 1552 (1553) a jurisdictional point as to whether the sanction for the prosecution was granted by the Government was allowed to be raised for the first time in the Supreme Court. The new plea need to be considered if the order of dismissal is found to ......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
.... accused‑appellant Md. ldris Patwary of Criminal Appeal No. 4 of 1992 were the Principal Officer and Senior Officer (cash) respectively of the Sonali Bank, Narayanganj Branch at the relevant time. In connection with a shortage in cash of Tk. 19, 10,000.00 an FIR was lodged by the Assistant......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....premises on the finding that no notice under section 106 of the Transfer of Property Act was necessary prior to the institution of the suit as the tenancy of the defendant was terminated by efflux of time. 5. The learned Single Judge of the High Court Division took notice of the decision in the c......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....ix months of the order, passed on review. In their case the date on which the order is passed on review will be treated as the date of making or taking of the order, decision or action concerned. The time spent in pursuing a time‑barred application for review will not be excluded to foil the perio......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. ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....eal against the judgment of the decree of the Artha Rin Adalat. The cross-objection by defendant No. 5, Abul Kalam Azad, filed beyond thirty days, was rightly rejected by the High Court Division as time‑barred. 8. In view of section 6 of the Artha Rin Adalat Act a defendant can only ......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 ..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....Act, 1833 was made by Parliament, at the initiative of Lord Tenterden, authorising the Juries in Common law Courts to allow interest (a) upon all debts or sums certain. payable at a certain time" or (b) otherwise if a notice in writing were given to the debtor demanding interest"......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
....er, in the matter of recounting of ballot papers the Tribunal must take adequate precaution against any malpractice; the Tribunal must see whether the ballot box was kept in proper custody from the time of its despatch by, the Presiding Officer till its final destination and whether the sealed b...... 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 ..Category: Election Law | Date: | Hits: 119
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....Land Administration and Land Reforms, Govt. of Bangladesh 27 DLR 597: "The words limiting the power of the Government to withdraw any property from acquisition are contained. in the words "at any time before the payment of compensation". If the Govt. had the power to withdraw any property from a......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)
....ory public authority): Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic (or of any s......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
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... 37. In this connection we may refer to section 469 of the Code (of Criminal Procedure) which reads as under: "Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment, shall alter or review the same, ex......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 ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....vision " to entertain any proceeding in revision with respect to an order made by the Sessions Judge under section 439A". 5. This question came up for consideration for the first time before the Appellate Division in the case of Shafiqur Rahman Vs. NI Chowdhury, 35 DLR AD 147, ......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)
....n before the High Court Division respondent Nos. 1‑3, washermen by profession, challenged the acquisition asserting, inter alia, that as owners in possession they have been using the case land from time immemorial, as the vacant northern portion of their ancestral homestead, for washing and drying......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. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....compensation for non‑payment of price of goods supplied. The general principles governing interest of this nature, as elaborated above, are that the principal sum is definite, payable at a definite time and the payment is provided by any written instrument, such as an agreement or by any law or by......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)
....d 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 judg......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)
.....11.89 and prayed for allowing him to resume his duty. A copy of the said application is annexed to the writ petition and marked as Annexure F. The appellants remained silent on the matter for a long time whereupon the respondent sent reminders and also met the Chairman of the Corporation on several...... 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)
....ny 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 to have power to retire the Chief of Naval Staff at any time 'in the public interest the impugned order can be said to be valid as although the words 'in th...... 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)
.... required to pay interest on this amount (i.e. US $ 90,679N) which has accrued thereon from the dates on which the loans were obtained till the date of the institution of the suit" but at the time of drawing up the final order we have deliberately allowed the petitioner a sum of US $ 90,679......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
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