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Displaying 1661-1680 of 1817 results.

Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)

....os. 5‑13 were fully paid and instructed to oppose the Rule Nisi and their submission in the Court to the contrary was without authority for which they have already filed an application to the Bar Council for taking necessary action against the learned Advocates. Leave was also granted to co......5‑13 were fully paid and instructed to oppose the Rule Nisi and their submission in the Court to the contrary was without authority for which they have already filed an application to the Bar Council for taking necessary action against the learned Advocates. Leave was also granted to consid..

Category: Election Law | Date: | Hits: 136

Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)

....ngland Reports 549; Page Vs. Newman, (1829) 109 All England Reports 140; London, Chathaim and Dover Rly Co. Vs. Southern Rly Co. (1893) AC. 429; Podar Trading Co. Ltd. Bombay Vs. Franco is Tagher, Barcelona (1949) (2) All England Reports 62; Tehno-Impex Vs. Van Welde, (1981) 2, All England Repor......the third period, as mentioned above in the Interest Act, but it cannot allow interest for the first period mentioned therein, that is, the pre‑suit period. This is what was held by the Privy Council in Bengal Nagpur Rly Co. Vs. Ratanji Ramji, AIR (1938) (PC) 70. The Privy Council held tha..

Category: Business or Commercial Law | Date: | Hits: 98

Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)

.... 59. In view of the observation and made by the Appellate Division in the case of Md. Shahjahan Vs. Sessions Judge, (reported in 38 DLR (AD) 2461253) to the effect that: "The Barisal Bench came to the conclusion in a cryptic manner", on the point involved in the said ......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)

....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 ......abuse of the process of any Court or otherwise to secure ends of justice". In this appeal we shall consider the two decisions reported in 45 DLR (AD) and make a passing reference to the Privy Council's decision reported in 1945 AIR PC 18, in order to see whether our earlier decisions were c..

Category: Criminal Law | Date: | Hits: 98

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. ......est Act, 1839 (Act No. XXXII of 1839), one Decision of the House of Lords in the diocese of London, Chatham and Doper Ry Co. Vs. South Eastern Railway Co, 1893‑AC, 429 and one decision of the Privy Council in Bengal Nagpur Railway Co. Vs. Ruttanji Ramji 65 Indian Appeals, 66= AIR 1893 PC 70. Besid..

Category: Business or Commercial Law | Date: | Hits: 128

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....of 1992) Md. Abdus Sabur and others .......... ...........Appellants (In Civil Appeal No. 62 of 1992) Md. Abdul Wahab and others .........Appellants (In Civil Appeal No. 63 of 1992) SM Abdul Bari and another .... .........Appellants (In Civil Appeal No. 76 of 1992) Md. Shahidul Alam …â......ioned above, are among those 30 Cadres. The BCS composition and Cadre Rules, 1980 left the question of seniority to be determined in due course. That is why the Government, on the recommendation of a Council Committee, and in consultation with the PSC, prepared the Memorandum of 22 April, 1984 provi..

Category: Employment/Service Law | Date: | Hits: 97

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. ......d the procedure laid down by the Judicial Committee for dealing with time‑barred appeals remain very much relevant and valid even to this day and requires to be followed. 14. However, the Privy Council also observed in the former case 41 Madras 412 (PC) that an ex parte order admitting a time ..

Category: Procedural Law | Date: | Hits: 121

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

.... People s Republic of Bangladesh reported in 6 MLR (AD) 8 and submitted that in that case the writ petitioner filed writ petition challenging the order of suspension from the post of Principal of Barisal City College passed by the Deputy Commissioner. Barisal as the Chairman of the Governing Bo...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..

Category: Civil Law | Date: | Hits: 103

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)

....r dated 26-6-2000 passed by the learned District Judge and directed for disposal of the case within two months as already mentioned above. 10. We have considered the submissions made at the Bar and perused the materials on record including the impugned order passed by the High Court Divi......ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..

Category: Civil Law | Date: | Hits: 95

Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)

....ree manner in which the learned counsel made the submissions. The Judges of the Appellate Division expect more circumspection undertaken on the part of the learned Counsel as a senior member of the Bar and the Court sound word of caution to him for the future………..(28) ......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..

Category: Election Law | Date: | Hits: 108

Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)

....ing the illegal decree. 27.  To appreciate the submissions of both the parties let us examine section 44 of the Ordinance 1982, which runs as follows: "44. Bar to jurisdiction of Court.—Save as otherwise expressly provided in this Ordinance, no Cou......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..

Category: Property Law | Date: | Hits: 51

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 89

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 96

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....R 1982 SC 710; KCG Narayan Deo vs. State of Orissa, AIR (1953), SC 379; Ontario vs. Reciprocal Insurers, 1924 AC 328; Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR 1983 (SC) 378; KC Gajpati Narayan Vs. State of Orissa , AIR 1953(......e last re-organisation of the structure of Local Government Institutions was effected by the Local Government Act, 1972. At the passing of this Act the following local bodies were functioning; County Council, Non‑county Borough, Urban District Council, Rural District Council, Parish Council, 32 Lo..

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. ......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. ..

Category: Business or Commercial Law | Date: | Hits: 124

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. ......lor. Mr. Amirul Islam has referred to Article 3 of PO No. 11 of 1973 which says that "the University shall consist of the Chancellor, the Vice Chancellor and members of the Syndicate and the Academic Council". He has argued that the respondents are not included in the "University", and as such, are ..

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. ......tract, like the price and the quantum of earth to be cut were all fixed between the parties. I may also refer to the case of Haricharan Mancharan Vs. Govind Luximan Goshall reported in AIR 1923 Privy Council 47, wherein it was held that whether the agreement is a completed bargain or merely a provis..

Category: Alternative Dispute Resolution | Date: | Hits: 202

State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)

....n law and fact in arriving at this decision. 3. The Prosecution case centres round the death of Tara, a young man of 25 years age. He was son of the Informant (PW 1), an Advocate of Naogaon Bar. His case is that on 5 July 1983, PW 4 Bakul, a friend of Tara, and one of the acquitted accuse......e applicable in this case. 10. The learned Judges have referred to a number of decisions regarding the principle of vicarious liability under section 34. These include the decision of Privy Council in the case of Mahbub Shah vs. Emperor (AIR 1945 PC 118), of the Indian Supreme Court in th..

Category: Criminal Law | Date: | Hits: 93

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. ......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. ..

Category: Business or Commercial Law | Date: | Hits: 124

Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)

....the Respondent Nos. 1 and 2. Not represented-Respondent Nos 3 and 5. Civil Appeal No. 29 of 1990. (From the Judgment and Order dated 6.7.89 passed by the High Court Division. Barisal Bench in Civil Order No. 111 of 1989). Judgment:     &nbs......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 67