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Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... 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 ...... 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)
....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 ......nd order dated 19.1.89 passed by the High Court Division, Sylhet Bench in Civil Revision Nos.146 and 147 of 1987). Judgment: Latifur Rahman J.- These two appeals by the plaintiffs following leave, is directed against the judgments passed by a Single Judge of the High Court Division in Civi..Category: Tenancy Law | Date: | Hits: 81
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 ......ily by the impugned order dated 22nd May, 1986. 3. Dr. Kamal Hossain, learned counsel for the appellant, besides the point referred to in the beginning of the judgment also submitted at the leave granting stage that the minimum principle of natural justice was not followed while passing ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
.... Case No. 367 of 1984 regularly. In that view, of the matter, defendant is a tenant under the Premises Rent Control Ordinance and in that sense he is a statutory tenant. Rent Control legislation is a special law which gives a greater protection to a tenant against eviction so long he pays rent to th......3. (From the judgment and order dated 2.9.93 passed by the High Court Division, Dhaka in Civil Revision No. 2291 of 1990). Judgment Latifur Rahman J.- This appeal by the defendant following leave, is directed against the judgment and order of a Single Judge of the High Court Division passe..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....that when applied to the Rules, 1985 an appeal is contemplated in the first proviso, because Rule 17 of the Rules, 1985, provides for appeal "to the authority specified in this behalf by a general or special order made by the Government or, where no authority is specified, to the authority to which ...... 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 1981) ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....eposit fifty per cent of the decretal dues under section 7 of the Artha Rin Adalat Act. Reliance is placed on Nagendra Nath Vs. Mon Mohan Singh AIR 1931 Cal 100. 7. The Artha Rin Adalat is a special forum created by a special law for adjudication of suits which can be filed by a Bank or a......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)
....991 and 21 of 1992 respectively). Judgment: Shahabuddin Ahmed J.- These two appeals by special leave are from two judgments of the High Court Division of the same date 6 September 1992 ......21 of 1992 respectively). Judgment: Shahabuddin Ahmed J.- These two appeals by special leave are from two judgments of the High Court Division of the same date 6 September 1992 passed r..Category: Business or Commercial Law | Date: | Hits: 98
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 ......r was challenged before the High Court Division in Writ Petition No. 749 of 1993; but it was summarily dismissed by the High Court Division by an order dated 12 May 1993. Petitioner is now seeking leave to appeal from this order of the High Court Division. 2. Mr. AK Badrul Huq, learn..Category: Election Law | Date: | Hits: 119
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
....was given a show cause notice having been conducted by an incompetent official the impugned order could not be sustained. 3. Section 7 of the Ordinance empowers the Government, by general or special order, to confer all or any of the powers or impose all or any of the duties entrusted to t......ecord-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 Hig..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 ....... 56. Lawyers Involved: Asrarul Hussain, Senior Advocate Supreme Court, instructed by Mvi. Md. Wahidullah, Advocate-on-Record -For the Petitioner. Fazlul Huque, Advocate, (appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civ..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. ......l 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). Judgment MH Rahman J.- This appeal by leave, at the instance of the Government, is directed against the judgment and order dated June 7,19..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. ......f 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 1991). Judgment 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 respond..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... Court or otherwise to secure the ends of justice.". 29. There is no dispute that section 561A is a non-obstante general provision and section 439(4) is also a non‑obstante special provision of the Code. The question before us is whether in respect of an order passed by t......if the Sessions Judge passed an illegal order under section 439A and the refusal of the High Court Division under section 561 A of the Code to interfere with that order of the Sessions Judge, would leave the petitioners without any remedy is sustainable in law. The Court having jurisdiction to ad..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....minal Revision No. 2054 of 1993). Judgment: Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division has got power under section 561A of t......vision No. 2054 of 1993). Judgment: Shahabuddin Ahmed CJ.- In this appeal by special leave the question is whether the High Court Division has got power under section 561A of the Code ..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. ......cessary in Civil Petition No. 58 of 1992, filed by the requiring body, and, is accordingly disposed of. 16. The petitioners in writ petition before the High Court Division filed civil petition for leave to appeal No. 58 of 1993 on February 22, 1993. The petition is time‑barred by 354 days. On t..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. ....... 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). Judgment Shahabuddin Ahmed CJ.- This appeal by leave is from a judgment and decree of the High Court Division, dated 29 May 1991 in FA No. 7 of 198..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 ......on. 3. Mr. Golam Rabbani, the learned Advocate appearing for the appellants, submitted that in view of the undisputed position that the war of liberation intervened and the appellants had to leave the premises out of fear of life, and the premises were damaged by the Pak Army and the same..Category: Property Law | Date: | Hits: 79
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 ..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....1990.) Judgment ATM Afzal J.- Respondent No. 1 was a manager under the Bangladesh Parjatan Corporation, briefly the Corporation, appellant No. 1. He made an application seeking retirement on special consideration. The Corporation released him from service undertaking to pay all financial be......mplain that the Corporation had no jurisdiction to pass the order of release. The High court Division accepted the contention and put him back in service. 2. The question raised in this appeal by leave is whether the High Court Division ought to have decided the case on the principle: 'Allegans ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 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.......ted July 7, 1991 the petitioner's application for review was rejected. The petitioner unsuccessfully challenged the two orders in his Writ Petition No. 64 of 1992. 2. The petitioner is now seeking leave against the impugned order dated January 19, 1992 of the High Court Division summarily rejecti..Category: Employment/Service Law | Date: | Hits: 107
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