Search Options
Judgment Advanced Search
Displaying 5921-5940 of 6365 results.
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......ng Mr. Syed Nazrul Islam as the Vice-President.). It conferred on the President all the powers of the Republic, including all its legislative powers (providing further that in the absence of the President all such powers would be exercised by the Vice-President). The President w......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......etition was in effect one for an adjournment, which amounted to taking a step in the proceedings within the meaning of the section and as such the second defendant having submitted to the jurisdiction of the court there was sufficient reason for refusing the first defendant's pray..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... but be available, therefore, to the High Court Division unless, of course it can be shown that they are inconsistent with any provision of the Collaborators Order. In other words, in the absence of any such inconsistency the High Court Division will be within its jurisdiction, in ...... Procedure, that the Government preferred these two appeals upon obtaining special leave from us. 3. Leave to appeal was granted in order to consider whether the High Court Division has jurisdiction, pending disposal of an appeal against an order of acquittal passed by a Special Tribu..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....notification as it was done in a number of cases. The respondent's case is that his case is not at all different from those persons whose names were omitted from the notification and that his case is totally dissimilar from those persons who did not come to challenge the notification. 24. Even i......14 DLR Dhaka 705 and Gour Chandra Saha Vs. The Vice‑Chairman, East Pakistan Enemy Property Dhaka and others 21 DLR, Dhaka 535. It was observed in 14 DLR, Dhaka 705: " [I] t will be presumed, in the absence of any evidence to the contrary, that the passport obtained by the respondent from the Pakis......hat "It has long been settled law that a decision affecting the legal rights of an individual which is arrived at by a procedure which offends against the principles of natural justice is outside the jurisdiction of the decision‑making authority. As Lord Selborne said as long ago as 1885 in Spackm..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......ain next submits that the Petitioner's liability was only to the extent of Taka 13 lakhs and that the suit was also barred by limitation and when the suit was ex facie barred by time and in excess of jurisdiction, the petitioner can invoke the jurisdiction under Article 102 of the Constitution. 6..Category: Civil Law | Date: | Hits: 139
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......rned. The petitioner thus acquired the right of the consignee/assignee of the bill of lading. This argument is quite reasonable, but language of section 6 of the Admiralty Court Act, which confers jurisdiction upon the Court of Admiralty, is very specific and definite as to the persons who can r..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......g Orders) Act, but unless the matter is pressed before the Labour Court, it may not consider the case of the second party in ex parte proceedings. It appears from the impugned order that in the absence of Second Party‑Petitioner, the Labour Court took up the case for hearing ex parte and a......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..Category: Labour and Industrial Law | Date: | Hits: 103
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......r-claim in a written statement……………………………(12) If the Adalat Act is read as a whole, it will be found that it contains four different kinds of subject matters, namely, (i) the jurisdictional matter setting out the parameter and boundaries of the special Court set up under a s..Category: Banking Law | Date: | Hits: 168
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 ......ourt (LY Jadhav Vs. Sangkar Abashahab Power, MR 1983 (SC) 1219=1983 Criminal Law Journal 1501). The Indian Supreme Court did not reverse or disagree with the Bombay High Court on its view that in the absence of a rider clause like "unless the context otherwise requires" the term dowry throughout the...... 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 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....was received by the respondents. But neither the government, nor the land‑owners stated before us on what date the Deputy Commissioner had made this assessment except stating that out of the total amount assessed, Taka 1.08 lakh was received in the period from 1968 to 1973. No paper was pr......ion the matter of acquisition was not finalised, and that, for finalisation of the matter of acquisition, the respondents had to file a writ petition. In these circumstances, the Arbitrator, in the absence of any copy of the notice under section 5(1) and also in the absence of any evidence that ......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 ..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 ......heirs of a deceased writ petitioner and in restoring a writ petition dismissed for default the High Court Division by analogy applies the principles laid down in die Code of Civil Procedure in the absence of any specific Rules governing the procedure for disposal of such situations under Article...... Code of Civil Procedure providing that "the procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction", apply in terms to proceedings in writ in the original constitutional jurisdicti..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
.... heirs of Gurudas Singha remained unaffected. They denied to be tenants under plaintiffs and claimed tenancy under the original landlords. They contend that the rent was Taka 15.00 and Taka 10.00, total being Taka 25.00 per month. They denied the default or the bonafide requirement of the plaint......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......al by special leave raises the question whether the Small Cause Court could declare a decree passed in a title suit by a civil Court a nullity and whether the High Court Division in its revisional jurisdiction could reverse such a finding. If the first question is answered in the negative, then ..Category: Civil Law | Date: | Hits: 134
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 ......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 ...... executive and judicial-each independent of the other whilst acting within its own sphere. For the harmonious working of such a system it is incumbent on each to know the limits of its own jurisdiction and not to seek to trespass into the field of the other. The writ of mandamus cannot ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....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. ......legated itself to a non‑Government private school is for the writ petitioner to assert and prove and these are matters which are not proper matters of proof before a constitutional Court exercising jurisdiction under Article 102 of the Constitution. If both sides are to say who pays the teachers, ..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......h Court Division the appellant moved this Court and obtained leave to appeal on the following grounds: i) Whether the conciliation Court has the jurisdiction to decide the claim in the absence of, written contract. ii) Whether Part II (b), which gives jurisdiction, speaks ......t debtor instituted an objection under section 47 CPC being Miscellaneous case No. 48 of 1970, in the same Court for a declaration that the decree obtained by the respondent was illegal and without jurisdiction since there is no written contract of monthly tenancy. Further, he asserted that ther..Category: Property Law | Date: | Hits: 70
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....eeting. (1B) Notwithstanding anything contained in this Ordinance, a Union Parishad shall be deemed to have been duly constituted after the election of seventy‑five percent of the total number of its elected members has taken place. Explanation.- For calculating the......day appointed by the Deputy Commissioner, namely, on 15.4.92. The writ petitioner has not made the Deputy Commissioner a party to the writ petition and therefore the matter has been decided in the absence of a necessary party. 7. Mr. AN Md. Gaziul Hoque, learned Advocate for the appellant......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)
.... 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 ......e contacted the minors. He also did not contact any of the other guardians. He only perused the official records and submitted the report, Exhibit (A). The High Court Division concluded that in the absence of any allegation of fraud made in the plaint, the plaintiffs were not entitled to challen...... 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)
....tement could be allowed after closure of the plaintiffs case in a suit for ejectment of monthly tenant at sufferance by introducing an inconsistent and new story of payment of salami, etc. which is a totally new case of permanent tenancy in place of monthly tenancy, and further whether the learned S......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 ......Single Judge of the High Court Division in deciding this case. Mr. SR Paul, learned Advocate appearing for the appellant, has submitted some decisions of this court, High Court Division and of Indian jurisdiction for appreciating the true scope of amendment of pleadings. In the case of Golam Hafiz M..Category: Tenancy Law | Date: | Hits: 81
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. ...... without adverting to the reasonings of the trial Court; that the second show cause notice was not available to the plaintiff, not being a government servant; and that as there is no rule that in the absence of a member of the enquiry committee its proceeding should be automatically adjourned, the d......213 where a new point, not mentioned in the petition, was allowed to be raised when accuracy of factual basis of statement was not disputed. 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 wa..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 ...... i.e. 15 November, 1990 which are impugned in the respective appeals before us the Rules were discharged in both the writ petitions. 7. In WP 1457/88, it was argued, inter alia, that in the absence of explicit language empowering the CMLA to convert the order of acquittal into an order of......nbsp; ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquittal into one of conviction in exercise of his power of re..Category: Constitutional Law | Date: | Hits: 174
11761175117411711170116511631159115811561155115411531152115111491148114711461145