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Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....w and the old ones. But increased powers and functions were given to the Union Councils‑since these were considered to be the "base of democracy in the country". In addition to functions as grass‑root local bodies, members thereof were made the “constituency" for election of members of the Nat...... inconsistent with Articles 9 and 11. As to Articles 59 and 60, which are undisputedly enforceable judicially, Respondent's contention was that provisions of these two Articles would not apply in the case of the Upazila Parishads since these Parishads are not Local Government within, the meaning of ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......Commercial Bank Limited, briefly UCBL (respondent No. 1 herein) registered in the name of Khondkar Mahtabuddin Ahmed, judgment-debtor No. 2 in the aforesaid Admiralty Suit. 2. Facts of the case, briefly, are that the appellant obtained a decree for an amount of US $ 1, 27,089.70 against ..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ...... the respondents a single Judge of the High Court Division, Dhaka by the impugned judgment and order dated 10 December, 1990 acquitted the respondents upon finding that the evidence adduced in the case was utterly inadequate. 4. Mr. Fazlul Karim, learned Advocate for the petitioner, has submitte..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......after 25 years" in connection with a judgment delivered on January 20, 1987 by the learned Subordinate Judge, in Money Suit No. 22 of 1986. For a fuller understanding of the background of this case let me quote the report itself: "Mr. Rahimullah Chowdhury and another..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......titions (Writ Petition No. 868 and Writ Petition No. 1560 of 1991) challenging the order of punishment dated 31 December 1990 on the ground that the principle of natural justice was violated in their case as they were not given any opportunity to be heard and to defend themselves. Rules having been ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......lant as a prudent contractor was required to visit the site, make his own measurement, see the drawings and calculate whether he could do the work within the price quoted and negotiated. If it is his case that the University authorities misled him by projecting misleading figures of quantity of eart..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ......gust 30th, 1992 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by M Nawab Ali, Advocate-on-Record - For the Appellant in both the cases. A J Mohammad Ali, Advocate instructed by Md. SaJadul Huq, Advocate-on-Record - For r..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....dents, when asked by us how he could defend the view taken by the learned Judges that section 34 was not applicable in this case, tried to evade this question. But he has drawn our attention to the root of the finding of both the courts below that the incident took place at the time and place an......nder section 324 and they were sentenced to rigorous imprisonment for 3 years. The basis of alteration of the that section 34 of the Penal trial Court's finding was Code was not applicable in their case but they were held responsible for their individual criminal acts. As to accused Mantu, in wh..Category: Criminal Law | Date: | Hits: 93
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......der Order 9 rule 13 of the Code of Civil Procedure, giving rise to Miscellaneous Case No. 199 of 1984 for setting aside the ex parte decree. The tenant died after the institution of the miscellaneous case. The present appellants, as heirs of the deceased, filed an application under Order 22, rule 3 ..Category: Tenancy Law | Date: | Hits: 90
Sheikh Ibrahim & others Vs. Nazma Begum, 1992, 21 CLC (AD)
....the High Court Division on such an important matter relating to Mohammadan Law. We do not find any reason for expressing any doubt about the matter. The petition is dismissed. Ed. ......succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stripes receive a share 'equivalent to the share' which such son or daughter, as the case may be, would have received if alive." It appears that it is the date of openi..Category: Others | Date: | Hits: 93
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......e Court which in turn set aside the judgment of the trial Court arising out of a pre‑emption proceeding under section 96 of the State Acquisition and Tenancy Act. 2. Pre‑emptor's case is that he is a co‑sharer in the jama by purchase from one Mohendra Nath Mondal by kabal..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......to see whether the High Court Division duly considered the questions raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were not followed and the principle of natural justice was also not followed in his case by ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ons 302/149 of the Penal Code. Five others were acquitted. By the impugned judgment and order the High Court Division dismissed the appeal of the appellant and Mansur Ali. 3. The prosecution case, as stated in the FIR by the informant, PW 1 Makbul Hossain, is that in the night of 18th Oct..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....9;case, but this decision is palpably erroneous. The decision by the other Single Bench in the 41 DLR 94 case is found to be perfectly correct. 12. Jurisdiction of a court goes to the very root of a matter brought before it, and if the court got no jurisdiction, everything shall fall thr...... Tribunal with exclusive jurisdiction on service matters. Alternatively, the appellants contended that the plaintiff being a "worker" his remedy lay only before the Labour Court, in which case also the civil Court's jurisdiction was ousted. This question as to jurisdiction was not given..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......being the balance of sale proceeds of 2,308 metric tons of salt @ Tk. 100.00 per bag less the amount credited to the plaintiff’s account @ Tk. 90.00 per bag. 5. It is the further case of the plaintiff that after the delivery of 2,308 metric tons of salt, defendant No. 3 handed ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ...... & others ..................Defendant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such a part..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ......hman J.- This appeal by leave is directed against the judgment of the High Court Division passed in Civil Revision No. 104 of 1989 making the Rule absolute and directing to proceed with the execution case in accordance with law. 2. The material facts relevant for disposal of this appeal are that ..Category: Limitation Law | Date: | Hits: 175
Mozahar Ali Howlader Vs. Lal Miah Talukder and another, 1992, 21 CLC (AD)
....rt Division is modified accordingly and it is directed that the accused‑petitioner be tried by the Sessions Judge and Ex‑officio Senior Special Judge, Jhalakati. The petition is dismissed. Ed. ......ity. 3. In view of this position, Mr. Moksudur Rahman, learned Advocate for the petitioner, finds nothing to argue before us. He, however, submits that in the present circumstance the Petitioner's case need not be transferred to the Divisional Special Judges Khulna. In the result, the impugned or..Category: Anti-Corruption Laws | Date: | Hits: 100
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......obtain a decree for specific performance of contract. By filing an additional written statement defendant No. 2 stated that the suit property having been sold to a third party in the said certificate case and the appellants having paid no heed to the earlier written statement of the answering defend..Category: Property Law | Date: | Hits: 82
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