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Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....rom 1988 upto 1993. 7. In England there was no statutory law empowering an Arbitrator to grant interest on the principal sum found due till the Administration of Justice Act, 1982, which, by amending the Supreme Court Act, 1981, empowered an Arbitrator to allow interest on his award, Prior......was that the Arbitration Award for the principal sum due along with interest was red. In coming to their conclusion the learned judges of the High Court Division noticed that there was no statutory law in Bangladesh empowering an Arbitrator to allow interest on his award, but held that under a d..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 ...... for the petitioner, has contended that no evidence has yet been recorded in the Election case and no foundation for recounting has been established and, as such, the order for recounting is bad in law. In support of this contention he has referred to the decisions reported in 27 DLR 594 and 38 ..Category: Election Law | Date: | Hits: 119
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 ......ision accepted the submission of the petitioner-respondents that a delegate cannot further delegate and the enquiry was respondent's readiness to provide copy the held by a person not authorised by law to hold the same. The basis of the allegations upon which the Managing Committee was dissolved ..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 ......HCD 364, M/s. Rahmania Trading Co. Vs. Eagle Star Insurance Co. Ltd. PLD 1960 (SC) (Pak) 202 and Bhola Nath Vs. Empire of India Life Assr. Co. AIR 1948 Lahore 56. 6. There is no dispute about the law which appears to be settled that a Corporation can be said to carry on business at the place whe..Category: Procedural Law | Date: | Hits: 91
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. ......ports for the benefit of so-called importers in utter disregard of his duties, that the whole transaction was collusively made for misappropriating Bank's money and that there was no violation of any law/rule or procedure in awarding the punishment of dismissal to the respondent. 4. The Administr..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....on and absence of proper application of the legislative mind which, in our opinion, can be removed by further amendments of these two sections. 19. Pending such legislative action for amending the provisions of section 439, for removing the anomaly or conflict between the provisions......ions Judge, 5th Court, Dhaka, under section 439 of the Code of Criminal Procedure respectively in Criminal Revisions Nos. 71 of 1992, 207 of 1993 and 439 of 1985. 2. Since the same points of law are involved in these three applications they are disposed of by this judgment. 3. Befo..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 ......estion but to put an end to the chaos, confusion and anarchy in the administration of criminal justice, created by the impugned judgment of the High Court Division, which is very much aware that a law declared by the Appellate Division is binding upon all the Courts including the High Court Divi..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. ......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. ..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. ...... of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of price of goods supplied. The general principles..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 ......ment of the learned Single Judge it appears that he totally omitted to consider as to whether the situation prevailing at that time prevented the tenant from complying with the requirements of the law to get the protection as provided therein. From the judgment it appears that the learned Judge ..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. ......tively to the writ petition. It is further alleged that on 'receiving the application for retirement from the respondent which was submitted against his will, the said Chairman, illegally and without lawful authority passed the impugned order on 29.9.88 releasing the respondent from his permanent se..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.......icle 27 of the Constitution. It was added to the Navy Rules, 1961 by an amendment in the year 1988 by the previous autocratic regime and the Government is honour-Âbound to repeal all un‑democratic laws introduced by the previous autocratic regime. 8. It is contended that the High Court Divisio..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 ...... 12. Article 3 of President's Order No. 128 of 1972 provides that the provisions of this Order and any rule made thereunder shall have effect notwithstanding inconsistency therewith with any other law for the time being in force. Article 28 originally stood as follows: "28. All l..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 ...... of the Supreme Court. The appointment, removal and other terms and conditions of service of a retired Judge in a public office should not be governed either by "master‑and‑servant law" or by any unequal contract. If it is not thought to be expedient to make any statutory pr..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....w this right could not be affected or taken away by the subsequent law. This contention was rejected by the Supreme Court and it was held that a vested right created by statute could be taken away by amending or repealing the statute. 18. On careful examination of facts of the instant cases visâ€...... basis for the purpose of seniority i.e. from the date of the original appointment. The Gradation List dated 31 May 1989 was prepared on the basis of this Memorandum and this Memorandum was made into law, namely the impugned Rules, in consultation with the PSC. Respondents resisted the claim of the ..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 ......y and on that construction of section 464 acquitted the accused-respondents. 5. Leave was granted to consider whether the learned Single Judge of the High Court Division was well founded in law in holding that the accused‑ respondents were not guilty under section 467 of the Penal C..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. ......tances of the case and thereafter satisfy itself as to its reasonableness before the delay is condoned. In these circumstances, the learned District Judge appears to have committed a serious error of law by admitting the appeal and staying the execution case." 5. Leave was granted to consider wh..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. ......e on all the points raised at the time of granting leave. Nevertheless, it requires to be said that the High Court Division misdirected itself in deciding the matter by travelling beyond the relevant law as would be applicable for a decision as to the custody of a minor pending criminal proceedings ..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. ......t within the Tribunal's jurisdiction by an Amendment made in 1984. Mr. TH Khan, learned Counsel for the applicant‑Bank, has tried to argue that the Administrative Tribunal Act being a special law, the provisions of section 14 of the Limitation Act for the purpose of computation of the peri..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. ...... 3. The respondent No.1 flied affidavit-in-opposition contending, inter alia, that since it has its own experts in the matter for construction of buildings within the Dhaka City Area and the law making authority expressly gave it power and authority to draw up a Master Plan for the City wh..Category: Environmental Law | Date: | Hits: 293