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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 ...... of the High Court Division was passed on 21 November 1993 in Criminal Revision No. 2054 of 1993, which was heard along with two other revision cases. Facts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging that they had, by t......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 ......Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondents Judgment March 8th, 1994. Lawyers Involved: Maksum-ul-Hakim, Senior Advocate (Zakir Hossain, Advocate with him) inst..

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. ......Respondents (In Civil Petition No. 58 of 1992) Subash Chandra Das and ors..................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993......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. ...... Vs. Bangladesh, represented by the Secretary, Ministry of 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..

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. ......Judgment November 29, 1993. Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest f......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. ......dwas Vs. Municipal Corp., Poona, AIR 1970 (SC) 1201; M/s AZ Company Vs. M/s Moula Baksh Mohd. PLD (1965) (SC) 505 =17 DLR (SC) 404; Secretary, Irrigation Department Vs. GC Roy, AIR 1992 (SC) 732. Lawyers Involved: Asrarul Hossain, Senior Advocate (Mozammel Haque Bhuiyan, Advocate with him), ..

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 ...... Ruhul Islam J.- These two appeals were heard analogously and are, being disposed of by this judgment. Facts, in short, are that the respondent instituted two separate suits for ejectment of the appellants from the respective suit premises on the ground that they were def......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 ...... Vs. Begum Fazilatun Nessa.................Respondent Judgment November 5th, 1980. Case Referred to- Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record, (abs..

Category: Property Law | Date: | Hits: 79

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. ......72 and the service of the respondent vested in the Corporation under said Order. The respondent was promoted to the post of Manager in the Corporation with effect from 8.12.1973 and sent to Australia for higher training in tourism and then to Japan and he successfully completed both the courses. Whi...... 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. ......under Dey Vs. Gopal Chunder Laha, Indian Appeals (1891-92) Vol. XIX page 203, Cairncross Vs. Lorimer (1860) 3 Macq 829; Ambu Nair Vs. kelu Nair MR 1933 PC Page 167 & Smith Vs. Baker 8 CP 350. Lawyers Involved: AKM Nazrul Islam, Advocate (MA Tariq, Advocate with him) instructed by Sharifu..

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.......vi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. A Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Nowab Ali, Advocate- on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 78 of 1992. (From the judgment and order dated January 19, 1992 passed by...... 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.......sh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Syed Amirul Islam & ABM Khairul Huq, Adv..

Category: Employment/Service Law | Date: | Hits: 107

Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

....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 ......ment Mustafa Kamal J.- These two petitions were admitted for review of the judgment of this Court dated 28.3.84 passed in Civil Appeal Nos. 31 and 32 of 199......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 ......llip;..Petitioner [In both the cases] Vs. Haque Brothers (Carbide) Ltd. …………..Respondent [In both the cases] Judgment August 5, 1993. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) inst..

Category: Banking Law | Date: | Hits: 125

Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)

....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ...... Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by th......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......nment of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others……………… Respondent Judgment November 28th, 1993. Lawyers Involved: Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructe..

Category: Employment/Service Law | Date: | Hits: 73

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......on. By these Rules seniority of the ad‑hoc appointees is to be counted from the date of their original appointment on ad hoc basis, whereas their seniority was to be counted under the Rules then in force from the date of their regular appointment on the basis of recommendation of the Public Servic......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......f Gujrat, AIR 1987(SC), 2348; VT Kanzode Vs. Reserve Bank, AIR 1982, (SC) 917, AIR 1951 (SC) 3 IS; TR Kapur Vs. State of Haryana AIR 1987 (SC) 415; PD Aggarwal Vs. State of UP AIR 1987 (SC) 1976. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, A..

Category: Employment/Service Law | Date: | Hits: 97

Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)

....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......pecial leave is from an order of acquittal passed by a Single Judge of the High Court Division on April 12,1979 in Criminal Appeal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 of the P......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......nbsp; July 14th, 1981. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record -For..

Category: Criminal Law | Date: | Hits: 61

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......tion Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved by the Appellate Division ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......��………………(15) Cases Referred to- Chowdhury Saifuddin Ahmed Vs. Shamsuddin, 40 DLR 10; Krishnasami Vs. Ramasami 41 Madras 412 (PC) & Sunderabai Vs. Collector 43 Bom 376 (PC). Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Habibul Islam Bhuiyan, Senior Adv..

Category: Procedural Law | Date: | Hits: 121

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......ted in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nasar Md. Gaziul Haque, Senior Advocate instructed by Md. Ozair Farooq, Adv..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ...... service. The Board of Directors of the Bank, by an order dated 29 December 1988 terminated his service under the Bank's Staff Regulation No. 12 (ii). He challenged this order by a Writ Petition before the High Court Division which, after issuing a Rule thereon and hearing the parties dismissed ......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......n Tourism Development Corporation, AIR 1987 (SC) I 11; Central Inland Transport Corporation Vs. Brojanath, AIR 1986 (SC) 1571 and MK Agarwal Vs. Gurgaon Gramin Bank, AIR 1988 (SC) 286. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court (MA Wahab Miah, Advocate w..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......ka Municipal Corporation ignored this demand and allowed itself to be perverted at the instance of vested interests, i.e. respondent no. 1, respondent no. 5 and the allottees of the shops. It is unfortunate to witness the close collaboration between them. It is a glaring instance where responden......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......erred to- V Lakshmipathy vs. State of Karnataka reported in AIR 1992 Karnataka 57; RV Paddingtom Valuation Officer Ex P Peachey Corporation Limited vs. State (1966) 1 QB 380 (400). Lawyers Involved: Salauddin Mahmud, Advocate instructed by ASM Khalequzzaman, Advocate-on-..

Category: Environmental Law | Date: | Hits: 293

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... Section 143 The Limitation Act, 1908 (IX of 1908), Section 120 Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawye......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-o..

Category: Property Law | Date: | Hits: 43

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ........Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under the provision of ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ve Petition and it is dismissed………(12) Case Referred to- Syed Al Nesar Ahmed MD, United Food Complex Ltd. vs. Nafisa Choudhury and others 53 DLR (AD) 83. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Md. Ataur Rahman Khan, ..

Category: Business or Commercial Law | Date: | Hits: 86

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......te with him) instructed by Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed b......of the Printing Presses and Publications (Declaration and Registration) Act 1973 as Printer and Publisher of the daily Ittefaq for the Company. Mr. Anwar Hossain continued as the Minister under the Martial Law Government of HM. Ershad upto 6-12-1990 and Mr. Akhtarul Alam continued as the editor ......ector of Customs and others 1991 BLD (AD) 327; Osman Gazi Mondal vs. Mainuddin Ahmed and others, 27 DLR (AD) 61; Mujibor Rahman (Md) vs. Government of Bangladesh and others 44 DLR (AD) 111. Lawyers Involved: Rafiqul Huq, Senior Advocate, Rakonuddin Mahmud, Senior Advocate (MK Rahm..

Category: Civil Law | Date: | Hits: 103

Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ...... (I of 1877), Section 42 A plaint can be rejected under Order VII, rule 11 of the Code of Civil Procedure, if the defects mentioned in the petition are apparent on the face of the plaint. Before punishing the plaintiff under this provision the Court should carefully consider the nature o......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......s. Mt Chembeli and others, AIR 1951 Cal 262, Mela and another vs. Labhu and another, AIR 1955 Punjab 97; AIR 1920 Patna 82, AIR 1924 Lahore 608, AIR 1943 Madras 645, AIR 1956 Hyderabad 133. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Ahsanullah Patwary Advoca..

Category: Civil Law | Date: | Hits: 91

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitution, as in the present case, bill has to be introduced in Parliament to provide for appropriation out of the Consolidated Fund. The words "shall be regulated by an Act of Par...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... 725; AIR 1935 (Lahore) 914; AIR 1916 (Cal) 570; EM Visvandhan Chetty and two others vs. Arunachelam Chetti, ILR 44 Mad. 100; Khazan Chand vs. Moti Singh and another, AIR 1935 (Lahore) 914. Lawyers Involved: Shamim Khaled Ahmed, Advocate instructed by Abu Siddique, Advocate-on-Rec..

Category: Civil Law | Date: | Hits: 104

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......a Haider and others...............Respondents Judgment March 16, 2006. Reconveyance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer available. But if reconveyance be a collus...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......to- Biswaswar Roy vs. Joytennessa and others,13 DLR 287; Shafi Khan vs. Mannujan Hussain and others, 35 DLR (AD) 225; Muzaffar Ali Bepari vs. Omar All and others, 1 BLC (AD) 25. Lawyers Involved: Harendra Nath Nandi, Advocate instructed by Md. Aftab Hossain, Advocate-o..

Category: Property Law | Date: | Hits: 67

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