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Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)

.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... 1501. Lawyers Involved: Syed Ziaul Karim, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record -For the Appellant. M Shamsul Alam, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate -on-Record -For the Respondent (State). Am...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......slation prohibiting dowry and making the giving or taking or demand of dowry an offence. The Dowry Prohibition Act, 1961 (Act No. 28 of 1961) of India, it appears, was profusely borrowed by the later Bangladesh legislation on the subject and therefore it may not be out of place here to quote the fir..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)

....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......olam Hossain 40 CWN 83; Ramji Lal and ors. Vs. Giani and another, AIR 1921 Lab 250; Abdul Gafur Vs. Bangladesh 42 DLR (AD) 100. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, (Sharifuddin Chaklader, Assistant Attorney‑ General, with him), instructed by AW Mal......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......ed in: 46 DLR (AD) (1994) 158 ..

Category: Procedural Law | Date: | Hits: 104

Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)

....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... made by the High Court in its writ jurisdiction will be available to it under the said section 114, if that section is otherwise applicable. 10. In the case of Khademul Islam Chowdhury Vs. Bangladesh, 33 DLR (AD) 111, a judgment passed on review by the High Court Division in its writ jur..

Category: Procedural Law | Date: | Hits: 102

Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)

....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......cord - For the Appellant (in CP No. 71 of 1979). KS Nabi, Advocate, instructed by SM Huq, Advocate-on-Record- For the Respondent No. 1 (in CP No. 70 of 1979). KA Bakr, Attorney‑General, with A W Bhuiyan, Assistant Attorney- General, instructed by B. Hossain, Advocate-on-Recor......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......J. Secretary, Ministry of Industries, Nationalised Industries Division ...........Appellant VS. Saleh Ahmed & anr ........................Respondents and Bangladesh Textile Mills Corporation……………..Appellant VS. ..

Category: Constitutional Law | Date: | Hits: 157

Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)

....zi Abdur Rouf as Headmaster and Secretary of the Staff Welfare High School, Airport Road, PS Tejgaon, Dhaka filed the writ petition challenging Memo. No. 8297(4) dated 29.7.92 addressed by the School Inspector, Board of Intermediate and Secondary Education, Dhaka (respondent No. 4 herein) to the Cha......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......45. ..

Category: Property Law | Date: | Hits: 86

Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)

....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 ......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 ......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 ......om the consequence provided in the Ordinance itself, namely, the vacation of the office of Chairman and members. With regard to the omission to make the Deputy Commissioner a party he submits that Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development being ..

Category: Election Law | Date: | Hits: 136

Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)

....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. ......sion simply by questioning the accused and considering his explanation." 9. The appellant has cited Project in Charge, Paruma (Eastern) Ltd. Vs. Aminur Rahman Khan and another 31 DLR 124 and the General Manager, Jamuna Oil Company Ltd. Vs. Golap Rahman & another 34 DLR (AD) 166 where the fo......ary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (SQ 1552 (1553); Bashir ......dents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (SQ 1552 (1553); Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others 44 DLR (AD) 267-270. Lawyers Involved: M Nurullah..

Category: Employment/Service Law | Date: | Hits: 101

Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)

....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 ......yers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellant. [In Civil Appeal No. 51 of 1989] AW Bhuiyan, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record - For the Respondent Nos. 1-2. [In Civil Ap......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 General Manager of the Bank whereupon the Police after holding investigation submitted charge sheet under Regulation Nos. 9 and 11 of MLR No...................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Re..

Category: Constitutional Law | Date: | Hits: 174

AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)

....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. ......ernment of Pakistan 16 DLR (SC) 405. Lawyers Involved: AJ Mohammad Ali, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appellant. AY Salehuzzaman, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate -on-Record‑For the Respondent (In Civil A......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. ......) 113. ..

Category: Administrative Law | Date: | Hits: 129

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....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 ......uli Works Ltd. Vs. Sonali Batik (CA No. 46 of 1991) judgment of which has not yet been reported, we have held that even after the repeal of the Interest Act 1839 the Court has got power, under the General Principles as well as under specific laws, to award interest for pre‑suit period more...... it was suspended for 47 days from 2.2.83 to 20.3.83 due to a dispute arising between the appellants, BADC, and the Ministry of Land at whose instance the Deputy Commissioner, Faridpur, by applying Police Force, took over possession of the construction site. After prolonged negotiations between t......upreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed C J MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appel..

Category: Business or Commercial Law | Date: | Hits: 98

Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)

.... 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 ...... 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 ...... 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 ...... 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 ..

Category: Others | Date: | Hits: 89

Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)

....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 ......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 ......ment 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 where it has also a subordinat..

Category: Procedural Law | Date: | Hits: 91

Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)

....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. ......�…….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, 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 Rahma......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. ...... 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)

....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. ......edit in favour of two fictitious firms, namely, Ahmed Brothers and Millat & Co., at 15% margin in excess of his powers and by obtaining approval of the Principal Office fraudulently. An Assistant General Manager of the Bank was appointed as the Enquiry Officer and the respondent was asked to sho......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. ......t (In Civil Appeal No. 51 of 1992) Judgment December 9, 1993. Result: Civil Appeal No. 50 of 1992 is allowed in part. Civil Appeal No. 51 of 1992 is dismissed. The Constitution of Bangladesh, 1972, Article 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Se..

Category: Administrative Law | Date: | Hits: 143

Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)

....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 ......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 ...... respectively sections 401 and 399) of the Code of these three countries, we find that they are not identical and there are substantial differences in them. 8. Chapter XXXII of the Code (of Bangladesh) deals with powers of the Courts in relation to reference and revision. Sections 435 and..

Category: Criminal Law | Date: | Hits: 76

Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)

....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 ......ir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -For the Appellants. Md. Ozair Farooq, Advocate-on-Record-For the Respondent No. 2. Aminul Huq, Attorney-General, (Sharifuddin Chaklader, AAG with him)-For the Respondent No. 1. Criminal Appeal No......st information report was lodged against the accused- appellants and others alleging that they had, by threat and physical assault, snatched away Taka 5000.00 from the Informant whereupon Haluaghat Police Station Case No. 2(5)93 was registered under sections 323, 307 and 379 of the Penal Code, r......a clear violation of the Constitutional mandate by the learned Judges of the High Court Division, Is it not a violation of the oath of office of a Judge to protect and preserve the Constitution of Bangladesh? The learned Judges of the High Court Division in their erudition and wisdom discovered ..

Category: Criminal Law | Date: | Hits: 98

Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)

....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. ......Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Md. Wahidullah, Advocat......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. ......the Judgment of the Review Petition Here. Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. ..

Category: Property Law | Date: | Hits: 64

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....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. ......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. ......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. ......f this case. Grant of Tk. 33 lac as interest is therefore, he argues, quite legal, particularly when the plaintiff had demanded it by a notice in due time. The Interest Act, 1839 has been repeated in Bangladesh by the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act VIII of 1973). Neverthel..

Category: Business or Commercial Law | Date: | Hits: 128

Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)

....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......emporary injunction. 3. Leave was granted to consider whether in view of the decision in the case of Kanti Ram Shil Vs. Sumitra Devi 16 DLR 272 and in the case of Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation 29 DLR (SC) 168 the injunction granted by the High Court Di..

Category: Property Law | Date: | Hits: 61

Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)

.... 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. ......e can be no doubt that the respondent voluntarily wanted to go on retirement because it was not possible for him to continue in the service of the Corporation as his juniors had obtained promotion as General Managers during the period while he was serving in the Directorate of relief and rehabilitat...... 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. ......orted in: 46 DLR (AD) (1994) 46. ..

Category: Employment/Service Law | Date: | Hits: 126

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