Search Options
Judgment Advanced Search
Displaying 1001-1020 of 1069 results.
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ...... The appeal is dismissed with costs. Ed. ......g observation of Lord Herschell in (1891) AC 107 (144 and 145): "I think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any consideration derived from the previous state of the law, and..Category: Business or Commercial Law | Date: | Hits: 124
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others ...........1) of Article 102 for the enforcement of the rights conferred by the Part III of the Constitution. 48. Within its jurisdiction the Tribunal can strike down an order for violation of principles of natural justice as well as for infringement of fundamental rights, guaranteed by the Constitution, o..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another................................e learned 'Additional District Judge agreed with the aforesaid findings of the trial Court and relied upon the same decisions. Additionally, the lower appellate Court held that on the principle of natural justice the plaintiff ought to have been issued with a show cause notice before his dismiss..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....er of conviction can be reasonably based. While discussing this aspect of the matter the High Court Division observed that PW 5 is a neighbour of the informant who appears to be an independent and disinterested witness. He stated that the informant and other witnesses told him about recognition ...... Ed. ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ......urt Appellate Division (Civil) MH Rahman J ATM Afzal J Mustafa Kamal J Abdul Wahab .....................................Appellant Vs. Ali Ahmed and another .......................Respondents Judgment July 9, 1991 Cases Ref......proper party, I just allow the petitioner to be added as a party and let the suit be heard in his presence." 2. The above order is against basic norms of adjudication and principles of natural justice. This court has repeatedly held that granting relief’s summarily on a revisio..Category: Procedural Law | Date: | Hits: 110
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......vision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Pubali Bank ..... ...................Appellant Vs. The Chairman, First Labour Court, Dhaka and another...............Respondents Judgment June 13, 1991. Cases Referred to- ...... made in section 36 of the IRO and the Labour Court is left to deal with an application under section 34 in consonance with the acknowledged judicial norms of adjudication including the principles of natural justice. 15. In some of the decisions of the High Court Division and in the impugned one ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents &n......ions are ratified and the remnants of martial law are grafted into the constitutional system. 72. Therefore the Proclamation of Martial Law, Martial Law offences and Martial Law Courts die a natural death when the Martial Law is revoked but its legacies and fallouts continue to the extent..Category: Constitutional Law | Date: | Hits: 365
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......................Appellant. Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Ho......ion is that a rent-receiver, and each member of his family shall be entitled to retain a total quantity of land fixed under the sub-section. Rent-receiver in the sub-section has been conceived as a natural person. He is the owner of the land. The question is how a rent-receiver under sub-section ..Category: Others | Date: | Hits: 142
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......d. This Case is also Reported in: 28 DLR (AD) 120. ......n on the events as they stood on 28. 2. 72. 10. An explanation has been appended regarding any person who is not present in Bangladesh. The explanation clarifies by saying that person induces both natural and juristic person. 11. Turning to the second question, we find that the construction of..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......Supreme Court Appellate Division (Civil) Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Ne......tice. If his right of representation in the said circumstance is not provided under a specific provision of any law, he will undoubtedly be entitled to the said right under the general principle of natural justice. But the provisions of Order XXI being applicable to the execution of the order of ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....rict Judge thereafter proceeded to consider the evidence of P.W. 3, the Asst. Librarian of the Dacca University and P.W. 4, a member of the Town Committee, who, according to him, were competent and disinterested witnesses relied upon their evidence to come to the finding that the defendant had e...... Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &......view, if we try to interpret the exception rule set out above, the question for our consideration is, what on a true construction, is the meaning of the expression for a mosque". We think the natural meaning of expression conveys the idea of either 'construction' or 'actual use’ the m..Category: Trust/Waqf Law | Date: | Hits: 239
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......s. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......an Bank Ltd. as follows: "A share-holder is no doubt interested in the property of the Company in which he holds share; if the property is not looked after and administered the shareholder would naturally suffer in his pocket. But this does not mean that every share-holder who apprehends that..Category: Property Law | Date: | Hits: 118
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......J D. C. Bhattacharya J Fazle Munim J Nurun Nabi Mondal and others………………………..Appellants ......ised them. And it is clear that in later law a clean' sweep was made of all texts that dealt with Samskara of widows when very rigid standard of chastiiy of women was reimposed. It would be quite natural to expect therefore that there should be no extant texts giving special rules with regar..Category: Property Law | Date: | Hits: 59
Abul Hayat Choudhury Vs. Nurul Amin and ors., 1977, 6 CLC (AD)
....pondent Nos. 13, 14 and 15 is set aside, but the order relating to the election of Respondent No. 2 is not interfered with Respondent No. 1 shall bear the costs of this appeal. Ed. ...... Supreme Court Appellate Division (Civil) Present: Syed A. B. Mahmud Hussain CJ Abul Hayat Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Abul Haya......igh Court Division, on account of two infirmities, namely, the absence of a proper election petition as contemplated in rule 56 of the Election Rules and the violation of the principle of natural justice for not impleading the successful candidates at the election which were declared vo..Category: Others | Date: | Hits: 141
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......p;Appellant (In Appeal No. 6 of 1972). M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976....... ....................it is just and highly reasonable that they (i.e., Princess and the issue of her body and all persons lineally descending from her) in your Majesty's life-time should be naturalised............' but the enacting part of the Act provided "Pri..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... Case is also Reported in: 29 DLR (SC) 41. ......ivate concern, at least in principle as he is serving an institution of public benefit in the development and progress of which he also is supposed to be interested. Those are the consideration which naturally lifts the cases of public employment out of the strict category of the master and servant ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ...... Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re......ence to another statute in the same system In construing a statute it is therefore legitimate to refer to an earlier statute in pari materia even if it has expired or has been repealed. Where the natural meaning of a statute is clear, it is dangerous to refer to other statutes in pari materi..Category: Property Law | Date: | Hits: 135
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....y was found on the dead body. Third ground was that the prosecution adduced only two alleged eye witnesses PW 4 and PW 5 who were close relations of the deceased and did not adduce any independent disinterested witness although it was possible for the prosecution to examine such witnesses. Fourt......cord-For the Petitioner Not represented— The Respondent. Criminal Petition for Leave to Appeal No. 13 of 1999. (From the judgment and order dated 25 August 1998 passed by the High Court Division in Criminal Appeal No. 361 of 1993......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
....this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ......nbsp; Bangladesh Bank and others.......... Petitioners Vs. Zafar Ahmed Chowdhu...... 46 of the Bank Companies Act, 1991 for his removal from the present post and position i.e. Chairman of the bank, on the basis of an ex parte report prepared in gross violation of the principles of natural justice and without any recommendation of the Standing Committee as required under section..Category: Business or Commercial Law | Date: | Hits: 131
1030999997988986982980973957955954953923918915911909906893878