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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. ......hered on a reference to English decisions as embodied in leading cases. Decisions of Indian and Pakistani Courts may also be of assistance. On this question learned Counsel of both sides have cited a number of decisions and referred to some leading textbooks. We are first to refer to those authoriti..Category: Employment/Service Law | Date: | Hits: 170
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......nder part II of section 304 of the Penal Code. 11. Now we consider the propriety of the quantum of the sentences. The problem of fixing the sentence is not a simple one since a number of factors in each case have got to be considered. We, however, lay down the fundamental pri..Category: Criminal Law | Date: | Hits: 59
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......the terms of the deposit that either account holder or survivor could operate the account the Bank could not be restrained from allowing withdrawal. 7. In the present case the account number in the Bank was opened in the name of late Nuruddin Ahmed and his wife defendant No. 1 and a..Category: Civil Law | Date: | Hits: 112
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ......hat without compliance of the requirements of sub-rule (4) of Rule 39 in order to get the consolidated result obtained is no result in the eye of law and upon such consolidated form stating the number of votes the result and the declaration of respondent No.8 as elected Chairman cannot be he..Category: Election Law | Date: | Hits: 124
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......1953 empowered RAJUK to alter layout plan any time and in the instant case the layout plan was changed converting some open space into plots to meet increased demand for residential plots by large number of city dwellers and therefore there was no illegality in altering the layout plan in such m..Category: Property Law | Date: | Hits: 56
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ......rdingly. Thus the question of prejudice does no at all arise in the facts of the present case. 15. Mr. B Hossain, the learned Deputy Attorney-General appearing for the State, c number of decisions and submitted that accused appellants knew what is the prosecution case agains..Category: Criminal Law | Date: | Hits: 72
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......People’s Republic of Bangladesh which reads as follows: "118. (1) There shall be an Election Commission for Bangladesh consisting of a Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time direct, and..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......ay Group IV of the Mechanics, Electricians and Bench Fitters of GSE Department was maintained for promotion to Pay Group V that by Organisation Order 13 of 1995, the Corporation has only fixed the number of posts in Pay Group V of the 3 separate trades on the basis of the requirement of manpower..Category: Employment/Service Law | Date: | Hits: 63
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....ons specifying the area electors whereof will be entitled to vote at each polling station. By a Memo, dated 24.2.91 the Returning Officer with the active connivance of respondent No. 1 transferred voters from one polling station to another involving 11 polling stations disregarding the said Orde......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ..Category: Others | Date: | Hits: 119
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ...... On the same day at about 9‑00 PM when they were returning home they were attacked by the appellants and Golap Mia. Golap Mia inflicted about 8/9 blows with a dao on Abdur Rashid and also inflicted number of blows on Jaj Mia. As a result of those blows Abdur Rashid died on the spot. Jaj Mia who wa..Category: Criminal Law | Date: | Hits: 49
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......of promotion, pension, retirement benefits, etc. The former Airport Development Agency picked up quarrels with the deputationist officials on flimsy pretexts and on the 18th and 19th February, 1987 a number of Airport Development Agency employees insulted a Senior Officer and a Staff of the former C..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....And Whereas these amendments to the Constitution required, as provided in the Constitution, reference to be made to a referendum and accordingly the Acting President referred it to referendum and the voters enthusiastically participated in the referendum in large number and voted in favour of the am...... in disposing of the Reference. 13. We may now set out the text of the Reference. For convenience of discussion we have put capital letters A B etc. against each paragraph which does not bear any number. A. Whereas after a long and relentless struggle for about nine years by the freedom lovi..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......ire in this case took place on 12.10.90. More than twelve months after the happening of the loss the appellant repudiated the claim of the plaintiff by a letter dated 16.11.91 alleging breach of a number of conditions in the policy, without invoking condition No.19. A simple letter stating that ..Category: Business or Commercial Law | Date: | Hits: 114
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... of detention. But what are grounds and what are the criteria to be applied for attributing or not attributing vagueness to them? In the case of Abdul Latif Mirza 31 DLR (AD) 1, upon a reference to a number of decisions it has been held: “Grounds, no doubt, mean conclusions derived from cer..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... which induce a Court not to exercise the discretion in favour of the plaintiff. It may better be left undefined except to state what the section says......” Mr. Mahbubuddin Ahmed has cited a number of cases already decided by us, where we refused to grant specific performance of contract f..Category: Property Law | Date: | Hits: 69
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... made in the petition to the Deputy Commissioner, Sylhet terming them as absolutely false and fictitious. He stated that he was a respectable citizen and a business magnate of the country having a number of Industries and Commercial enterprises and paying income tax to the tune of Taka 23 lacs a..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ......g that on the way from Singapore to Chittagong the vessel encountered heavy weather in the Andaman Sea and the Bay of Bengal. A continuous joint survey at Chittagong Port showed that a considerable number of bags of cement was damaged owing to ingress of water inside the cargo holds through vent..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......r with the amendment thereof." 47. When a land developer wishes to acquire by purchase a block of land for a housing project it applies for a no objection certificate from the, Kartripakkha for a number of reasons. First, the developer's project may not be in accord with the Master Plan and its ..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......submissions of the parties at length. I am of the view that an order of remand in the facts of the case will be an exercise in futility. 3. The learned Counsel for the appellant has cited a number of decisions of foreign jurisdiction- Federation of Pakistan vs. Lt. Col. Z.A. Mazari..Category: Constitutional Law | Date: | Hits: 203
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......n the petition of complaint or in the evidence taken in inquiry by the 2nd Class Magistrate no offence was disclosed on the basis of prosecution materials. The respondent may have in his possession a number of documents to disprove the appellant’s complaints in the two petitions of complaint, but ..Category: Criminal Law | Date: | Hits: 85
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