Search Options
Judgment Advanced Search
Displaying 6481-6500 of 7038 results.
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....ligence in instance similar to the one I have given amounts to fraud. I cannot subscribe to this view because gross negligence and fraud are in law two mutually exclusive concepts though the same facts may be evidence either of one or the other. In my view, therefore, apart from fraud, gross n...... Appellate Division (Civil) Present: Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Rekha Datta and others.........................Appellants Vs. Chittagong Urban Co-ope......u Bala were made parties in place of deceased Nanibala Ghose. The trial Court considered the version of the plaintiffs that they were never known by these names and they produced their documentary evidence to show that they are known as Rekha, Sikha and Usha. Certified copies of the school regis..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....e defendants filed an application for amendment of their written statement stating that defendant No. 1 who resides in UK had been there when the written statement was filed and as such some material facts were not stated in the written statement and therefore prayed for adding the additional fact t......6 DLR (AD) (1994) 130 ......oid prejudice as the primary consideration in the amendment of written statement is the determination of real controversy between the parties. 10. From the materials on record, it appears that the evidence on the side of the plaintiff's having been closed and all the plaintiffs witnesses having b..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....ned counsel for respondent No. 1 frankly concedes that the plaintiff was not entitled to a second show cause notice before the passing of the order of dismissal. He has, however, insisted that in the facts of the case the plaintiff was not given full opportunity to defend himself before the enquiry ......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S......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. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
.... paragraph 19(2) of the Fourth Schedule of the Constitution. 2. To start with, the facts of the respective cases may be briefly noticed. In Civil Appeal No, 51 of 1989 the appellant ......] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Respondents Judgment August 6th, 1992 Cases Refe......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 ..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. ...... The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the Ordinance which also absolves the landlord to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy isâ€......ence of a fresh agreement of lease, the relationship of landlord and tenant between the parties had come to an end and the appellant had no legal right to stay in the demised premises. Discussing the evidence on record the trial Court held that the second notice dated 18.10.81 was validly served upo..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....riod of limitation being 30 days and days of statutory prohibition being 90 days, only 120 days from the date of the original order will be available for filing appeal before the Tribunal. On law and facts this case will be of little help, though the report of the case contains an interesting discus......€¦â€¦â€¦â€¦..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder ..........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. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... 19. Thus the question raised in Civil Appeal No. 43 of 1993 is answered. But whether the respondents are entitled to interest under the principles (b) and (c), as described above, on the facts and circumstances of this case, we shall see to it after we consider whether the award itself......afa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Responde......emand any interest on their claim even in their Notice for the reference and appointment of the Arbitrator. As to the claim for compensation, their contention is that the award was made without any evidence and, as such, it is liable to be set aside. We shall first examine the principal question ..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 ...... ATM Afzal J Mustafa. Kamal J Latifur Rahman J. Syed A Jalil .........................Petitioner Vs. Mahbub Alam (Babul) and others ........................Respondents Judgment July, 4th 1993. ......ated 12 May 1993. Petitioner is now seeking leave to appeal from this order of the High Court Division. 2. Mr. AK Badrul Huq, learned Advocate for the petitioner, has contended that no evidence has yet been recorded in the Election case and no foundation for recounting has been esta..Category: Election Law | Date: | Hits: 119
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
....t pay the requisite fee. 8. We have perused Rules 182 and 183 of the Co-operative Societies Rules, 1987 and we do not find that to obtain a copy of an enquiry report under section 84, in the facts and circumstances of the case, Court fees have to be paid. The petitioner respondents ma...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Borhanuzzaman and others .................Petitioners Vs. Ataur Rahman Chowdhury and others ............. 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 ..Category: Others | Date: | Hits: 89
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....dify the order of punishment which was passed by the proper authority in the exercise of its discretion vested in it by law. Secondly, even if it had such power, was the modification justified in the facts and circumstances of the present case? 7. Mr. Asrarul Hossain, learned counsel for the appe...... Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant (In Civil Appeal No. 50 of 1992). Dr. Kamal Hossain, Senior Advocate (Mainul Hosein and Md. Joynal Abedin, Advocates with him) instructed by Md. Aftab Hossain, AdvocateÂ-on-Record- Fo......dered reinstatement of the respondent to the post from which he was dismissed. Dr. Hossain in pressing the appeal of the respondent, besides pointing out the finding of the Tribunal that there was no evidence of any dishonest intention or any collusion on the part of the respondent, referred to cert..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....ee that it does not transgress itself into the field preserved by the Constitution for any other organ of the State. This responsibility of the Supreme Court is of highest importance in view of the facts that the Constitution makers gave this responsibility alone to the Supreme Court, a non poli...... accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....rther investigation, to direct the police to submit charge‑sheet as well. 3. The learned Judges of the High Court Division in the impugned judgment did not say a single word about the facts or merit of the case, but suo motu examined the question of maintainability only of the appli...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, M......and 379 of the Penal Code. The Informant filed a naraji-petition before the Haluaghat Thana Magistrate alleging that some other accused persons were excluded from the charge‑sheet in spite of evidence against them and praying that charge‑sheet should be submitted under appropriate law..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
.... 7 of 1988, affirming that of the Subordinate Judge, Dhaka dated 30 September 1987, in Money Suit No. 270 of 1986. The short question raised in this appeal is whether the Court got power, at least on facts of this case, to award interest for the period prior to the institution of the suit. Mr. Asrar......ct 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 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 ge......te of the suit, in addition to interest during the pendency of the suit and also interest from the date of the decree till payment of the decretal amount. 4. The trial Court upon consideration of evidence, oral and documentary, held that the price of each car was Taka 2.30 lac as agreed upon bet..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....5) of section 18 of the Ordinance the following observation has been made: "It is true that enquiry about compliance of the provisions of the statute may call for consideration of facts at each point. There may be a case of waiver or acquiescence or such supervening facts and...... 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, (absent) - For the Appellant. Md. Aftab Hossain, Advocate-on-Rec......ance, legal consequence flowing therefrom cannot be averted." On the basis of the above noted observation the learned Advocate submitted that the trial Court on consideration of the evidence of the case and the supervening circumstances as disclosed from the evidence arrived at a ..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....onomy is involved, the rule of balance of convenience is to refuse the prayer for temporary injunction. The relevance of this decision, though of importance, is not attracted to the distinguishing facts of this case. 5. Mr. Miah A Gafur, learned Advocate‑on Record, of co...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ramani Marak and another …………Appellants Vs. Jamini Marak a......turn to the findings of the learned Judges of the High Court Division on the basis of which the injunction has been granted we find that it has been clearly found by them by referring to the evidence of defendant that "She was not in possession of the suit land but ..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... Court Division ought to have decided the case on the principle: 'Allegans contraria non est audiendus', which means, he is not to be heard who alleges things contradictory to each other. Now the facts of the case may be noticed in details. Respondents No. 1 in his writ petition No.1990, inter a......e Division (Civil) Present: Shahabuddin Ahmed CJ ÂMH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Responden......n or undue influence, it was given to him on due consideration of his application for retirement, and the application was submitted out of his own free volition. These facts are proved by the further evidence that on his release" at his own request", respondent instead of challenging the impugned or..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.......f State AIR 1937 PC 31, Bangladesh 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 ......to naval vessels, the Government, in all fairness ought to have initiated a proceeding against the petitioner and given him an opportunity to explain his case. 4. In his application for additional evidence, the petitioner states that he came to know that the actual order passed by the acting Pres..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
.... be used to determine the extent of the respondents' liability and was thus to be left out of consideration. 6. In allowing the respondents' appeals in part this Court found however from the facts and circumstances that "in spite of frantic efforts the appellant (respondent herein) ha...... Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Petitioner in both the petitions. Asrarul Hossain and Syed Ishtiaq Ahmed, Senior Advocates instructed by Md. Aftab Hossain, Advocate-on-Record-For th...... and it was found necessary to reduce the claim as some payments were made earlier. The learned Additional District Judge found, vide his judgment and decree dated 21.9.79, that there was no cogent evidence as to the amount that was due from the respondents. He rejected the documents produced by ..Category: Banking Law | Date: | Hits: 125
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....nter se seniority was already determined, under the then rules in force, in order of merit assigned by the Public Service Commission while making the recommendation for appointment. 2. Most of the facts are common to all these Writ Petitions and, as such, facts of each and every Petition need not......sion (Civil) Present: Sahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the SecreÂtary, Ministry of Communications, Road and Road Transport Division and another …………Appellants (In Civil Appeal Nos. 44, 45 & 48......n the lowest post of that Service". The writ petitioners claimed that their service was not earlier organised on junior and senior scale arrangements as referred to in Rule 3(a); but there is no evidence to show that their service was not earlier organised on this basis. It is their case, which..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
.... as she was under the control and influence of the other accused persons and had no independent will of her own in the matter. 4. In the appeal before the High Court Division the finding of facts arrived at by the trial Court was not seriously challenged but it was contended that even if ...... Fazle Munim J Shahabuddin Ahmed J. Amjad Molla................................Appellant Vs. Syeduzzaman Molla and others …………… Respondents Judgment &nb......endor Amatunnessa had sold only 0.3 decimals of land but the appellant fraudulently got inserted in his sale-deed an area of 28 3/4 decimals. 3. The Sessions Judge on consideration of evidence of 11 witnesses examined by the prosecution, no witness having been examined by the defenc..Category: Criminal Law | Date: | Hits: 61
11481147114611451144114311401139113811351134113311311130112911281127112611241123