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Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....e 2 is attracted a citizen will not be required to explain further his case for staying abroad. That provision of law will not, however, preclude a citizen from explaining his staying abroad on other good reasons. For example, from December 1971 to September 1973, due to snapping of all communicatio......l or documentary, adduced by the applicant in support of his claim. He may, if he thinks it necessary, summon and examine any witnesses likely to know the fact of the application and may call for any records relevant to it. If the Magistrate is satisfied that the applicant is entitled to citizenship......f the requirement of notice must, therefore, fail. No notice was served on the respondent at either of the two addresses mentioned in the notification, nor any effort was made to effect a substituted service on his last known address. 19. The learned Counsel for the respondent has drawn our atte..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ..Category: Civil Law | Date: | Hits: 139
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..Category: Banking Law | Date: | Hits: 106
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......ars (vide Annexure‑D). The impugned order of the Government superseded the petitioners' claim to be appointed as permanent Muharrars vis‑a‑vis Muharrars, notwithstanding the long service as TC Muharrars. The Petitioner alleged that the impugned order was passed against the rule..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......f the kabala. The pre-emptee did not adduce any evidence to show that the pre‑emptor was aware of the registration of the kabala prior to alleged date of knowledge. There being no evidence on record by the pre‑emptee challenging the date of knowledge of the pre‑emptor, all the C......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ...... Court to examine Golam Kibria @ Tipu as an additional witness stating that he was an alleged eyewitness to the occurrence, his name was cited as a witness in the charge-sheet and his statement was recorded by a Magistrate under section 164 Cr.P.C. The Magistrate concerned has already deposed as P......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
.... returned to him with liberty to file the same in any appropriate Court. 2. Petitioner, Eastern Insurance Company Ltd., is the Insurer who already paid the insurance claim in respect of the goods for which he had stood surety, but which were damaged by the master or crew of the vessel. Af......laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....my property by Defendant No. 2 in EP Case No. 11/70-71 as the owners thereof, namely Suresh Chandra Bhattacharjee, Bankesh Chandra Bhattacharjee and Poresh Chandra Bhattacharjee left for India for good. The plaintiff is a co‑sharer of the suit land and so he applied for taking settlement o......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......e Employment of Labour (Standing Orders) Act, 1965, the learned Judges of the High Court Division ought to have struck down the judgment of the Labour Court for non consideration of the evidence on record. 8. In the result, the Appeal is allowed. The judgment and order dated February 27, 1988, ......rit Petition No. 118 of 1989 and refusing to interfere with the ex parte judgment and order of the Labour Court, Chittagong, passed in Complaint Case No. 193 of 1986, re-instating Respondent No. 2 in service. 2. Respondent No. 2, a Senior Accounts Clerk under the appellant, was dismissed from ser..Category: Labour and Industrial Law | Date: | Hits: 103
Ansaruddin Ahmed Vs. Senior Assistant Judge and Election Tribunal, Barguna & ors, 1994, 23 CLC (AD)
....ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ......ecounting the ballots, the High Court Division rightly discharged the Rules Nisi. 7. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 181 ..Category: Election Law | Date: | Hits: 120
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.....00 and assured him that he would pay Taka 40,000 in cash at the time of delivery and the rest Taka 43,059.00 within three days thereafter. After the accused paid Taka 40,000.00 the complainant, in good faith, supplied the goods, but the accused did not pay the balance within three days. Thereaft...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......d Advocate for the petitioner, contends that the concurrent finding of facts arrived at by the trial Court and the appellate Court is not based on proper consideration of the evidence. Evidence on record shows that Wahab Ali, predecessor-in- interest of the plaintiffs, took the Pattan from Sunil......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ...... of an application under section 152. In exercise of power of review the Court which has made a decree may amend or modify it in any way and to any extent which it thinks proper on the basis of the record of the case, but in the case of an application under section 152 the Court's power is limit......ll, among other things, take the average market value of the land of similar description and with similar advantages in the vicinity "during the twenty‑four months preceding the date of service of notice under section 5(1)(a)" of the Act; but in this case the Arbitrator had taken..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... apply the principles as distinguished from the technical provisions of the Code of Civil Procedure to meet the exigencies of the situation in appropriate cases on the ground of justice, equity and good conscience. In what situations the principles of the Code of Civil Procedure will be applied ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......and Shakti Benode and a widow Snehalata Hemalata. Snehalata relinquished her interest by way of family arrangement in favour of her three sons. In the recent Settlement operation the suit plot was recorded in the names of Shakti brothers. Shakti Benode and his two brothers while in possession en......iffs, which the learned Judge has rightly reversed. There is enough materials on record to hold that die relationship of landlord and tenant was established by the plaintiffs, The other findings of service of quit notice and default have clearly been held in favour of the plaintiffs by the trial ..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....irection. 10. Next, learned Attorney‑ General argued that no deed of transfer having b en executed, no right was conferred on the former owners, for claiming restoration, does not hold good because the well settled principle is, nobody is entitled to take benefit of his own wrong. T......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ..Category: Property Law | Date: | Hits: 70
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