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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 ......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 ......ecial leave the question is whether the High Court Division has got power under section 561A of the Code of Criminal Procedure, (briefly the Code) to interfere with a decision given by the Sessions Judge in revision under section 439A of the Code. This Court the Appellate Division by a series of..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....otwithstanding anything contained in this Ordinance, where in any case compensation has not been paid or deposited within a period of six months from the date of decision of the Government, the Divisional Commissioner, or the Deputy Commissioner, as the case, may be, for acquisition of the p......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. ......nvoking section 12 does not arise. It is only in case of non‑compliance of the provisions of section 10 the question of abatement or revocation of the acquisition proceeding will arise. The learned Judges of the High Court Division totally failed to examine this aspect of the matter and erroneousl..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. ......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. ......1088). Judgment Shahabuddin Ahmed CJ.- This appeal by leave is from a judgment and decree of the High Court Division, dated 29 May 1991 in FA No. 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 th..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 ......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 ...... is the subject-matter in Civil Appeal No. 171 of 1979 is a small pan‑shop; and the promises which is the subject matter in Civil Appeal No. 76 of 1980 is a small cloth shop. The learned SCC Judge accepted the case of the defendant in both the cases that the suit premises were damaged by t..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 ......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......nbsp; Kemaluddin Hussain CJ.- Leave was granted to consider whether the learned Judges of the High Court were justified in granting temporary injunction during the pendency of the..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. ...... 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. ...... 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. ..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....... precautionary measures during the cyclone. He has also filed a copy of the letter dated July 28, 1993 of the Controller General of Defence Finance, Ministry of Defence intimating him that payment of Special Additional Pension was not available to him, because he was compulsorily retired from servic...... 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...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 ......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 ......these two petitions, filed an application under Article 33 of the Bangladesh Shilpa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972) against the respondents in the Court of the District Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for rea..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 ...... 1993). Judgment: Shahabuddin Ahmed CJ.- Petitioner, a retired Judge of the High Court Division of the Supreme Court, was appointed Chairman of the Settlement Cou..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. ......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. ......e effect. In support of this contention he has referred to the case of Manzoor Qadir, 22 DLR (SC) 65. In that case right of legal practice was given by the President's Order No. 21 of 1962 to retired Judges of the High Court, who had been Advocates prior to their elevation to the Bench. The responde..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 ......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; Shahabuddin Ahmed J.- This appeal by special 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. Accu..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. ......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. ......ned by expediency and established by practice that a separate application is necessary to be filed for condonation of delay………………………..(9) (ii) The order of the learned District Judge admitting the time barred appeal was apparently bad but the learned Judge of the High Court Di..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. ......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. ......ffidavit‑in-opposition filed by the appellant in the High Court Division. 7. Being aggrieved by the order of the Chief Metropolitan Magistrate dated 13.9.92, the appellant went to the Sessions Judge Dhaka in revision, Criminal Revision No. 329 of 1992, who, by his judgment and order dated 4.1..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 ......nd further claiming that the petitioner obtained an ex parte decree on 11.4.83 in a suit for specific performance of contract, namely, Title Suit No. 1441 of 1981 from the 4th Court of Subordinate Judge, Dhaka against the said Dr. Sadrul Hasan and that the petitioner obtained a deed of sale thro..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. ......ined in section 4, sections 9‑18 and section 22 shall apply to a case under a special or local law "only in so far as, and to the extent to which they arc not expressly excluded by such Special or Local Law". Before considering whether the provision in section 14 are expressly ex......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. ..Category: Administrative Law | Date: | Hits: 149
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. ......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. ......dated July 23, 1996 of the High Court Division in Civil Revision No. 1835 of 1994 making absolute the Rule obtained against the judgment and decree dated February 24, 1994 of the Court of District Judge, Gopalganj in Title Appeal No. 24 of 1992 reversing the judgment and decree dated March 7, 19..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. ......eemptor respondents initiated a preemption proceeding, being Miscellaneous Case No. 56 of 1990 for pre-emption under section 96 of the State Acquisition and Tenancy Act in the Court of Subordinate Judge, 2nd Court, at Chittagong on 20-8-1990. 3. The preemptor respondents claimed themsel..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. ......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. ...... 6-6-2000 passed in Civil Revision No. 1502 of 1994 by a single Bench of the High Court Division discharging the Rule and affirming the judgment and decree dated 7-3-1994 by the learned Subordinate Judge, Munshiganj in Title, Appeal No. 36 of 1991 reversing those of the learned Assistant, Judge, ..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. ......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. ...... to Appeal No. 1405 of 2002. Judgment Abu Sayeed Ahammed J.- Petitioners seek leave to appeal against the judgment and order dated 12-5-2002 of a Company Judge of the High Court Division passed in Company Matter No. 5 of 1995 arising under section 233 o..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....Industries Ltd vs. Quamrul Huda and others 31 DLR (AD) 234; Md. Abdur Rahman vs. The National Tea Company Ltd & others 4 MLR (AD) 347; Khurshed Alam vs. Bangladesh 47 DLR 299; Madan Lai vs. Sub Divisional Magistrate and another AIR 1965 Madhya Pradesh 18; Dhaka Warehouse Ltd and another vs. ...... 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. ......ted the Rule by filing affidavit-in-opposition in Writ Petition No. 2746 of 1997 taking the stand as taken by Mr. Anwar Hossain. 9. A Division Bench heard the writ petitions and gave split Judgements. Md. Joynul Abedin J, discharged the Rules in all the writ petitions while Abdus Salam ..Category: Civil Law | Date: | Hits: 103
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