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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 ......nt Nos. 1-8, Chairman and Directors of its Managing Committee, elected for 3 years from 28.10.91 to 28.10.94, obtained as petitioners a Rule Nisi in Writ Petition No. 1351 of 1993, challenging the order dated 2.8.93 passed by respondent No. 12, District Co-operative Officer, dissolving the manag..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 ......Judgment and Order dated 31st October, 1993 passed by the High Court Division in Civil Order No. 3032 of 1993). Judgment ATM Afzal J.- Defendant-petitioner is seeking for leave to appeal from order dated 31 October, 1993, Civil Order No. 3032 of 1993 passed by a Division Bench of the High Co..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. ......gency Requisition of Property Act, 1948 (XIII of 1948), section 8B Natural Justice After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Ab..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....be proved. The liability in such cases is of an absolute nature. Once it is found that an employee is negligent or has contravened any instruction, he incurs the liability for punishment and strictly speaking there is no room for showing any leniency even in the matter of punishment merely because h...... is dismissed. The Constitution of Bangladesh, 1972, Article 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Section 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..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 ......p; Amirul Islam Chowdhury J : These three applications under section 561A of the Code of Criminal Procedure are directed against the orders dated 15.8.93 and 17.7.93 respectively passed by the Sessions Judge, Sherpur, Sessions Judg..Category: Criminal Law | Date: | Hits: 76
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 ......d-For the Respondent No. 2. Aminul Huq, Attorney-General, (Sharifuddin Chaklader, AAG with him)-For the Respondent No. 1. Criminal Appeal No. 1 of 1994. (From the judgment and order dated 21.11.1993 passed by the High Court Division in Criminal Revision No. 2054 of 1993). ..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. ......ate-on-Record-For the Appellant. (In Civil Petition No. 58 of 1993). Civil Appeal No. 20 of 1993 with Civil Petition No. 58 of 1992 & Civil Petition No. 58 of 1993. (From the Judgment and order dated November 28, 1991 passed by the High Court Division in Writ Petition No. 343 of 1987). ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....nt that the plaintiff was claiming compensation for business loss and damages for breach of contract and in reality the plaintiff was awarded compensation which is permissible under the law. Strictly speaking under the law interest cannot be recovered as damages other than an agreement for the payme......t Judgment November 29, 1993. Result: The appeal is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract 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 inte..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 ......e rent is payable; or unless the tenant has deposited such rent and any subsequent rent in respect of such premises as provided in section 19 together with the cost of transmission by postal money order to the landlord in the cases mentioned in clause (b) of sub-section (1) of that section. The ..Category: Property Law | Date: | Hits: 79
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
.... defendant without being in possession, wants to disturb the possession, the Court cannot be powerless to grant temporary injunction in an appropriate case. The order granting injunction must be a speaking order. 6. The facts have already been set out earlier. If we now turn to the ......by the learned Subordinate Judge. The learned Judges of the High Court Division, however, 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..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....ality of the act he had so sanctioned, to the prejudice of those who have so given faith to his words or to the fair inference to be drawn from his conduct …………I am of opinion that, generally speaking, if a party having an interest to prevent an act being done has full notice of its having ......n special consideration. The Corporation released him from service undertaking to pay all financial benefits. But then he came in writ to complain that the Corporation had no jurisdiction to pass the order of release. The High court Division accepted the contention and put him back in service. 2..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....... A Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Nowab Ali, Advocate- on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 78 of 1992. (From the judgment and order dated January 19, 1992 passed by the High Court Division, Dhaka in Writ Petition No. 64 of 199..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 ......ed, 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 this Court in Civil Appeal Nos. 31 and 32 of 1983). Judgment&n..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 ......t), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by the High Court Division in Writ Petition No. 95 of 1993). Judg..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. ......l No. 77 of 1992) Not Represented-For the Respondent Nos. 2-64 (In Civil Appeal No. 77 of 1992) Civil Appeals Nos. 44, 45, 46, 47, 48, 49, 62, 63, 76, and 77 of 1992. (From the judgment and order dated 12.5.92 passed by the High Court Division, Dhaka in Writ Petitions Nos. 4, 111,134, 847,..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 ......gment: 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 Crimina..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. ......ssed that it is a rule sanctioned 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 lear..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. ......d, Yunus, is also an accused in the case. The Chief Metropolitan Magistrate, Dhaka refused the prayer of the appellant for custody of his daughter and put her in the jimma of her elder sister by an order passed on the aforesaid date. 2. At the time of hearing of this appeal the learned Advocate..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 ...... No. 1677 of 1988.) Judgment: Mustafa Kamal J.- This leave petition by the writ petitioner is from the judgment and order of the High Court Division discharging the Rule Nisi, in Writ Petition No. 1677 of 1988. ..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. ......ith him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents (in CA 79 of 1992). Civil Appeals Nos. 42 and 79 of 1992. (From the judgment and order dated 25th June, 1992 passed by the Administrative Appellate Tribunal Case No. 71 of 1991) ..Category: Administrative Law | Date: | Hits: 149
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