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Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......Enquiry Officer and the respondent was asked to show cause within seven days as to why he should not be dismissed from service. The respondent showed cause and cited eight witnesses in support of his case but the Enquiry Officer did not examine them. He was asked to answer some questions in writing ..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 ...... 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)
....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 ......evision under section 439A of the Code. This Court the Appellate Division by a series of judgments already decided this question saying "Yes"; but the High Court Division, in the instant case, has said "No". Leave has been granted by us in this case not only to re-examine thi..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. ......ir Writ Petition before the High Court Division respondent Nos. 1‑3, washermen by profession, challenged the acquisition asserting, inter alia, that as owners in possession they have been using the case land from time immemorial, as the vacant northern portion of their ancestral homestead, for was..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. ......firming 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. Asrarul Hossain, te..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 ......972, and appellant Naushad Ali was in arrear in payment of rent from April 1971 to August 1972. Both the suits were contested by the tenants by filing separate written statement denying the plaint case of default in payment of rent. The tenant's case is, that due to war of liberation he had to q..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 ......was further contended that the respondents' possession in the suit property was not accepted 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 ..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....use the appellants had no authority to pass such an order? The answer, we have no manner of doubt, must be in the negative. The principle which compels the said answer is as will established as it is rooted in antiquity. The Judicial Committee in the case of Sarat Chunder Dy Vs. Gopal Chunder Laha, ......f release. The High court Division accepted the contention and put him back in service. 2. The question raised in this appeal by leave is whether the High Court Division ought to have decided the case on the principle: 'Allegans contraria non est audiendus', which means, he is not to be heard wh..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....... in his Writ Petition No. 64 of 1992. 2. The petitioner is now seeking leave against the impugned order dated January 19, 1992 of the High Court Division summarily rejecting his writ petition. His case is that he got his Commission in the Pakistan Navy on May 10, 1963 and he was awarded the Sword..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 ...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Shilpa Rin Sangstha ……………..Petitioner [In both the cases] Vs. Haque Brothers (Carbide) Ltd. …………..Respondent..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 ......e or payment of one month's pay in lieu thereof. The petitioner alleged that within three months after he assumed office, that is, from the middle of September to November, 1992 he disposed of 217 cases out of which 136 cases were decided against the Government (in the Public Works Ministry, Aba..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. ......though an ad‑hoc appointment was to be made for a period not exceeding six months and on a fixed day without any Pay‑Scale, these ad‑hoc appointments were made on regular Pay‑Scales as in the case of regular appointments and their terms were extended from time to time beyond six months and i..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 ......ars from the language of section 464 that ante‑dating of a document with any of the intentions as mentioned above constitutes forgery. Illustration (h) has come in as a concrete example of a case of an ante‑dated document which is "forged". The interpretation put on section..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. ........Plaintiff-Respondent Judgment May 27, 1993 Result: The appeal is allowed. The Limitation Act, 1908 (IX of 1908), Section 5 (i) The view taken by the High Court Division in the case of Chowdhury Saifuddin Ahmen vs. Shamsuddin, 40 DLR 10 that it is not absolutely essential that..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. ......s that she is aged about 19 years and she married accused Azizur Rahman of her own accord. She is presently staying since 13.9.92 with her cider sister whose husband, Yunus, is also an accused in the case. The Chief Metropolitan Magistrate, Dhaka refused the prayer of the appellant for custody of ..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 ....... 6. The submission has no substance. The suit, appeal or application pending on the date of publication must be of a stated type. Mr. Hakim failed to show that either the suit or the misc. case answered the description given in the said proviso. 7. Mr. Hakim submits next that the ..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. ...... Writ Petition before the High Court Division which, after issuing a Rule thereon and hearing the parties dismissed the Writ Petition on the ground that Writ Jurisdiction was not attracted in this case as it was exclusively within the jurisdiction of the Administrative Tribunal, established unde..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......in the shape of private or public nuisance and accordingly, has no locus standi to move the writ petition and the efficacious remedy, if any, can only be obtained by respondent No. 3 in a suitable case; free access of air and light to the rented premises cannot be claimed by a lessee without the..Category: Environmental Law | Date: | Hits: 293
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. ......re was stipulation in the agreement that the kabala would be executed and registered after six months from date of agreement after payment of balance of the consideration money Taka 600. It was the case of the plaintiff that after executing bainapatra and receiving the part of the consideration m..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. ......ned and on 9-2-1992 it was filed before the First Court of Subordinate Judge, at Chittagong and registered as Miscellaneous Case No. 78 of 1990. The pre-emptee petitioners contested the preemption case by filing written objection and denied the case of the preemptor respondents and raised severa..Category: Property Law | Date: | Hits: 68
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