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Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....urt's jurisdiction is completely barred by section 439(4). In coming to look notice of some earlier decisions of the Appellate Division on the same question and indicated that those decisions were erroneous, observing that the “ Highest Court of the country”, namely the Appellate Di......placed before the Appellate Division, its decisions would have been otherwise. None of the learned Counsels including the Attorney‑General, it may be noted, has supported before us any of the views expressed by the learned Judges in their judgment as to lack of jurisdiction under section 56..Category: Criminal Law | Date: | Hits: 98
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. ......fferent dates, 12.1.85, 26.1.85 and 23A.85. But at the time of taking delivery of the cars the defendant wanted to re‑fix the price of the cars by reducing the earlier agreed price considerably, in view of the fact that the plaintiff, by representing to the suppliers in Japan namely, Daihatsu Comp..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 ......ng to the trial Court, the defendant in both the cases "should get the benefit of the abnormal circumstances of the period in question". 2. Leave was grated to consider whether in view of the finding of the trial Court section 18(5) of Premises Rent Control Ordinance should be i..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 ......, accepting the case of the respondents found it a fit case for restraining the appellants and so issued the order of temporary injunction. 3. Leave was granted to consider whether in view of the decision in the case of Kanti Ram Shil Vs. Sumitra Devi 16 DLR 272 and in the case of M..Category: Property Law | Date: | Hits: 61
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. ......on several occasions but received no reply. After a long time on 24.5.90 the Corporation by its letter No. AS P/PF-M-8/78/169 informed the respondent that it could not allow him to resume his duty in view of section 9 of the Public Servants (Retirement) Act of 1974 (Act No. XII of 1974). The said le..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.......ngladesh, was retired by the order of the President from his service in the Bangladesh Navy under Rule 14(5) of the Navy Rules, 1961. By an order dated July 7, 1991 the petitioner's application for review was rejected. The petitioner unsuccessfully challenged the two orders in his Writ Petition No. ..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 ......n both the petitions. Asrarul Hossain and Syed Ishtiaq Ahmed, Senior Advocates instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents in both the Petitions. Civil Review Petition Nos. 14 & 15 1984. (From the Judgment and order dated 28.3.84 passed by th..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 ......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 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....vice is palpably wrong and malafide and the writ petitions are not at all maintainable, which were liable to be dismissed, summarily, he has further argued. The High Court Division, he has contended, erroneously entertained these writ petitions disregarding the provisions of Article 102 and that Art......of his‑ appointment by the Public Service Commission, briefly the PSC. This period was extended from time to time in consultation with the PSC. In 1977 the PSC by an open advertisement held an interview, which he called "Competitive Examination," for appointment of Assistant Engineers on regular b..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 ......atunnessa sold away her land under kabala Ext. I to the appellant, accused Syeduzzaman approached him to request the appellant to return the land so that he could purchase his sister's property. In view of this evidence there is no substance in the contention of Mr. Karim. 8. In the result..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. ......s Vs. Yakub Ali .......................Plaintiff-Respondent Judgment May 27, 1993 Result: The appeal is allowed. The Limitation 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 DL..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....ing under sections 363/366A of the Penal Code, (3) and that the learned Judges in disregard of the competent evidence of the father as to the age of the girl and the school certificate in that behalf erroneously proceeded to declare the girl to be a major upon physical appearance and other extraneou......ently her elder sister. 3. Mr. ANM Gaziul Huq, learned Advocate for the appellant, after making some preliminary submissions ultimately submitted on instruction from the (appellant) father that in view of the new development in the life of his daughter, he (the appellant) would no longer insist o..Category: Criminal Law | Date: | Hits: 68
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ..Category: Property Law | Date: | Hits: 77
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. ......as, by filing the Writ Petition was to be excluded in computing the period of limitation, particularly when acts and decisions of Bangladesh Bank relating to service matters were not within the purview of the Administrative Tribunal when it was established in 1980, but were brought within the Tr..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. ...... public officials, the doors of justice are open to them to sue the public authorities for pecuniary relief by enforcing the principle of accountability." 25. We are of the view that since the respondent Nos. 1 and 5 started construction of multi-storied shopping com..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......ale of the land in suit allegedly on January 1, 1952 left for India with the members of her family including the sons and were residing there. In that state of the matter the trial Court was of the view that impleading of the defendant Nos. 37 and 38 showing their address in Bangladesh was not g..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 68
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. ......ne on 20-10-1956 and thereafter defendant No.1 has exchanged and sold the lands with other defendants and they are in possession thereof for over 12 years and the suit is not maintainable in law in view of the fact that SA Record was prepared long before 6(six) years of filing of the suit which ..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. ......whether the respondent Nos. 2 and 3 recognised them or not as such directors. As such, the petitioner till his death and the respondent No. 4 shall still be deemed to be a director. Besides, in view of section 110 of the Companies Act, 1994, the prayer for deletion of Article 38 of the Artic..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. ......inister. Since the appellant is no more a Minister, the Rules in the Writ Petitions have become infructuous and as such the Court was reluctant to examine and decide the question whether in view of the provisions of Article 147 (3) of the Constitution with its proviso, the holding of the ..Category: Civil Law | Date: | Hits: 103
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