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Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......C Muharrars. The Petitioner alleged that the impugned order was passed against the rules and the principle of natural justice and further in violation of their constitutional right equality before law. 5. Respondent Nos. 1-3, in their affidavit- in-opposition, inter alia, stated that Res..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......by limitation. This being a finding of fact on assessment of evidence on record, Mr. Mohammad Habib Ahmed, learned Advocate's contention that the application is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This ca..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......om the aforesaid judgment and order of the High Court Division dated 27.7.93. 5. Mr. Abdul Malek, learned Advocate for the accused-petitioner, submits that the High Court Division made an error of law in passing the impugned order as section 540 Cr.P.C. is applicable only when the Court wishes to..Category: Criminal Law | Date: | Hits: 53
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. ......he Writ Petition contending, inter alia, that when conviction of the worker by a court was the ground for his dismissal and when this fact was known to the Labour Court, the latter seriously erred in law in reinstating the worker in service. 3. While dismissing the Writ Petition summarily, the le..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. ......er dated 1.12.93 passed by the High Court Division, Dhaka in Writ Petition No. 1070 of 1992). Judgment Mustafa Kamal J.- This appeal by leave by the defendants raises three questions of law of public importance, namely, (i) whether a defendant can claim in written statement a set-off o..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 ...... 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)
....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 ......ontention of the learned Additional Attorney-General is that when a decree has been amended, the original decree does not exist and the decree that has been amended is the only decree in the eye of law and hence limitation will start from the date of the amendment. But reply to is contention give..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 ...... absolute and wrote out a lengthy judgment on the merit of the case on 3.8.92. 3. On 26.9.92 respondent No. 1 filed an application for restoration of the writ petition on the ground that the law clerk of the learned Advocate for respondent No. 1 did not inform of the date of hearing and s..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....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 ...... question can be enquired incidentally. He, however, says, when the defendants raised the question of title, the plaint ought to have been returned for filing in a proper Court. As a proposition of law the submission of Mr. Pal is sound, but from the findings of the two Courts below, we find it d..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 ...... The former Bangladeshi owners have filed the writ petition for implementation of this decision and sought a direction in the nature of mandamus directing the respondents to do which is required by law to do. The High Court Division has granted this prayer and no exception can be taken. Lastly, ..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. ......ng highly contentious and disputed questions of fact for adjudication by a civil Court and it is not his case before the High Court Division in writ that his grievance can be met merely by looking at law on agreed facts, so that this pursuit of a suit is unnecessary. He came to lay before the writ j..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 ......ritten contract of monthly tenancy. In support of his contention he placed reliance on a decision of the Pakistan Supreme Court, namely, Zamiruddin Vs. Havas Khan 21 DLR (SC) 39. The provisions of law conferring jurisdiction on the conciliation Court are contained in Part 1 (b) of the Conciliati..Category: Property Law | Date: | Hits: 70
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....n against the learned Advocates. Leave was also granted to consider the appellant's submission that the matter of taking oath does not lie in the hands of the appellant and respondent Nos. 5-13. By amending the Ordinance by Ordinance No. XXIII of 1988, later Act No. 40 of 1988, the Deputy Commiss......ommissioner is the authority by whom the oath of office is to be administered and therefore the aforesaid Rules will also have to be read in tile light of the change in the substantive provision of law. In other words, it is the Deputy Commissioner or such officer as may be authorised by him befo..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 ......names were given. The last point was argued vehemently before the High Court Division that the heirs of Nanibala were not substituted in the execution case and the High Court Division has erred in law in holding that the heirs of Nanibala were duly substituted although there is no such proof. ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....troversy between the parties which, in fact, did not exist before. In the case of Narsingh Prasad Paul Vs. Still Products Ltd. AIR (1953) (Cal) 15, it has been observed that awarding of costs against amending party does not necessarily avoid prejudice as the primary consideration in the amendment of......ney and consequently awarded cost of Taka 1000.00 as compensation to the plaintiffs. It must be stated here that the principle guiding the amendment of the written statement as contemplated under the law has not been taken note of and the learned Single Judge allowed these revision cases taking a sy..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....uary 1987 the plaintiff was illegally suspended from his service. He challenged the order of suspension by filing the above suit. By an order dated 15 August 1988 he was dismissed from service. After amending the plaint the plaintiff then challenged the order of dismissal. He asserted that the alleg......ttee unanimously decided to place him under suspension with effect from 12 January 1987. The plaintiff did not attend the school on 12 January 1987, but he engaged some goonda elements to disturb the law and order situation and academic atmosphere in the school. On a complaint the Officer‑in‑Cha..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 ......was argued, inter alia, that in the absence of explicit language empowering the CMLA to convert the order of acquittal into an order of conviction the impugned order of the CMLA had no sanction of law and as such the detenu was being detained in an unlawful manner and without any lawful authorit..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....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. ......ld the ejectment order of the trial Court. 6. In revision, defendant specifically submitted that in view of section 18 of the Premises Rent Control Ordinance, the trial Court committed an error of law by holding that the petitioner's lease was determined efflux of time and as such the SCC Judge c..Category: Tenancy Law | Date: | Hits: 87
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. ...... Rule 23. The Act and the Rules deal with the terms and conditions of the service in the Republic and they arc complementary to each other. They are to be construed together and each provision of the laws is to be saved, in the absence of a manifest contrary intention. A litigant is entitled to bene..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....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 ......l 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 financial institution for recovery ..Category: Civil Law | Date: | Hits: 122
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