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Mahbub and others Vs. State, 1994, 23 CLC (AD)
....tice of the Court in the cases of short term imprisonments. The learned Advocate has also tried to go into the merit of the case alleging that there is no satisfactory evidence that the prohibited goods in question were recovered from possession of the petitioners. Since the matter before us rel...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ..Category: Criminal Law | Date: | Hits: 55
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....the date so fixed, the Deputy Commissioner or any officer authorised by him shall administer the oath of office to such Chairman or member on a subsequent date fixed by the Deputy Commissioner for good cause shown. Section 13(b) of the Ordinance provides that the office of Chairman or member bec.......3.92 and it was their duty and responsibility to approach and remind the Deputy Commissioner that the oath of office has to be administered within thirty days. The appellant has placed nothing on record to show that he and respondent Nos. 5‑13 have ever done so. In the absence of any proo......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....tion proceeding in question and all the processes were properly served. 3. The trial Court dismissed the suit and appeal that was filed was also dismissed by the High Court Division. A good number of points were raised before the High Court Division, namely, (a) that the heirs being ......was held fraudulently by suppressing all sale processes; (c) that there had been gross under-valuation of the property; (d) that the legal heirs of the deceased judgment debtor were not brought on record, instead, some fictitious names were given. The last point was argued vehemently before the ......urendra for Rs. 10,000.00. The bank is concerned with money". This witness stated that he conducted the case on behalf of the bank but he had no personal knowledge about the service of processes. Thus the position which emerges is that these plaintiffs were minors during t..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......determine the real controversy between the parties; unless this test is satisfied the amendment cannot be allowed. It seems that the learned Single Judge of the High Court Division on the material on records as available in the present case failed to appreciate the real issue involved in this cage b......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....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. ......mmittee asked the plaintiff to give his reply to the charges within seven days. The plaintiff received the notice on 31 August 1987. On his prayer he was permitted on 15 September 1987 to examine the records. The plaintiff examined the records on four different dates between 22 September to 1 Octobe......amination. In view of a decision of the School Committee the plaintiff could not allow that student to appear in the SSC Examination. On 11 January 1987 the plaintiff was illegally suspended from his service. He challenged the order of suspension by filing the above suit. By an order dated 15 August..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....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 ......l Law Court shall be called in question in any manner whatsoever in, by or before any Court, including the Supreme Court. (7) No Court, including the Supreme Court, shall call for the records of the proceedings of any Martial Law Court for any purpose whatsoever. (8) No......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)
.... event. …………………………………. 27. It is thus clear that if the period of lease expires with efflux of time or if the interest of the lessor is transferred, that will be a good ground for eviction of a tenant under the Transfer of Property Act, but "shall not of itself ......s been defined in section 2(Uma) of the Premises Rent Control Ordinance, which also says that a person continuing in possession after termination of a tenancy in his favour is also a tenant. It is on record that after the expiry of the period of lease the tenant is continuing in possession and is pa......does not stay in the address given. The trial Court found that the landlord‑respondent had given the correct address of the appellant in that notice, but failed to give a decision as to whether the service of the notice was a valid service or not. However, on 18.10.84 the landlord-respondent sent ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....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. ......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. ......ensive power to make any order as he deems fit, a Government servant will be entitled to the remedy available to him under the Rule 23. The Act and the Rules deal with the terms and conditions of the service in the Republic and they arc complementary to each other. They are to be construed together ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....was not bound by the old rules and practices followed by the Juries. His Lordship was also of the view that the Arbitrator got power to award interest on the ground of equity, justice, fairness and good conscience. In the Techno‑Impex Vs. Van Weedel, Lord Denning, no matter his views were ......read with section 30 of the Arbitration Act, on the ground that it was based on "no evidence". It has been contended before us that no witness was examined and no other evidence was also recorded in support of the claim of the respondents and that when the BADC, in their written object......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..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 ......ioner 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 established and, as such, t...... 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 ..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 ...... 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 ...... 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
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 ......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 ......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 ..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......sent the proposal for derequisition to the Ministry on June 13, 1983 have not been denied by the appellants in their affidavit-in-opposition before the High Court Division. Again, there is nothing on record to indicate that the resumption proceeding was completed by strictly following the terms of c......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....n to vary or modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But it can never ......n 4 A Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished record of 22 years of service is a good ground for altering the nature of the sentence which may red......competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished record of 22 years of service is a good ground for altering the nature of the sentence which may reduce the hardship. But ..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....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 ...... of the Code reads as under: 438. (1) The Sessions Judge, Chief Metropolitan Magistrate or District Magistrate may, if he thinks fit, on examining under section 435 or, otherwise the record of any proceedings, report for the orders of the High Court Division the result of such exa......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)
....act an exercise in utter misconception of the provisions of sections 439, 439A and 561A of the Code. 15. In view of the great public importance involved in this appeal in particular, when a good deal of confusion has been deliberately created by the impugned judgment of the High Court Di......p;.Respondents Judgment March 8th, 1994. Lawyers Involved: Maksum-ul-Hakim, Senior Advocate (Zakir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -For the Appellants. Md. Ozair Farooq, Advocate-on-Record-For the Respondent No. 2. ......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 ..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. ......will arise. The learned Judges of the High Court Division totally failed to examine this aspect of the matter and erroneously invoked section 12 and wrongly directed the Deputy Commissioner, Dhaka to record an order to the effect that the acquisition proceeding stood abated. 14. In the result, Ci......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)
....c 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 governing interest of this nature, as elaborated above, are t......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. ......l purchasers namely, the students. The plaintiff did not agree to make any reduction in the price taking the ground that even after delivery of the cars the plaintiff would be required to render free service to those cars for proper maintenance for several years. The defendant, however, unilaterally..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 ......he learned SCC Judge was wrong in holding that the defendant effected the repairs of the suit premises at his own cost." The above observation is not warranted by the evidence on record. The landlord's witness PW I Md. Sultan Ahmed alias Abdul Jalil, an agent of the plaintiff, ......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 ..Category: Property Law | Date: | Hits: 79
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