Search Options
Judgment Advanced Search
Displaying 1821-1840 of 1984 results.
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....r his self-effacement are thus out of place in this case. 13. The impugned clauses of the Provisional Constitution Order, namely clauses (5) to (8) thereof, not being, in our view, in excess of the powers conferred on the President designated by the Proclamation, the validity of the......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....tion be validly exercised on the basis of an erroneous assumption about those facts, These several principles can conveniently be grouped in two main categories; failure to exercise a discretion, and excess or abuse of discretionary power. The two classes are not, however, mutually exclusive. Thus, ......relating to citizenship (.)" Article 6 of the Constitution provides that the citizenship of Bangladesh shall be determined and regulated by law. Article 21(1) of our Constitution provides:" It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform p..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....rarul Hossain next submits that the Petitioner's liability was only to the extent of Taka 13 lakhs and that the suit was also barred by limitation and when the suit was ex facie barred by time and in excess of jurisdiction, the petitioner can invoke the jurisdiction under Article 102 of the Constitu......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ..Category: Civil Law | Date: | Hits: 139
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lication by any of the parties." In their application under this section the appellant simply pointed out that by mistake 12 decimals of land had been shown to have been acquired in excess of the actual area of 1.23 acres, and hence the compensation for this excess land should be ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ...... the limits of its own jurisdiction and not to seek to trespass into the field of the other. The writ of mandamus cannot therefore be issued for enforcing the performance of any and every kind of duty by Government or its officials. They might be so compelled only when they are under a legal..Category: Constitutional Law | Date: | Hits: 157
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......arrangement to administer oath of office within thirty days of the publication of the result of election, but, lie insists that the appellant and respondent Nos. 5‑13 are also not without any duty and responsibility in this regard. They must have been aware of the publication of the result ..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......on case. The evidence of the Pleader‑Guardian is that he wrote a letter to Monoranjan Das which was received by him. It is unfortunate that the guardian ad litem had completely neglected his duty in spite of the evidence that the plaintiffs were not on good terms with Monoranjan Das. How c..Category: Property Law | Date: | Hits: 130
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
.... "As a general rule it is unthinkable that any Legislature consisting of civilised persons would in normal circumstances seek to perpetrate a manifest injustice by validating acts done in excess of jurisdiction or in abuse of jurisdiction or clearly in bad faith and it is for this reas......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....sing loss to the Bank of an amount of Taka 58,00,698.30 by collectively opening some letters of credit in favour of two fictitious firms, namely, Ahmed Brothers and Millat & Co., at 15% margin in excess of his powers and by obtaining approval of the Principal Office fraudulently. An Assistant Ge......ame or that he was in collusion with the importers and others in making any wrongful gain. It was observed that although the respondent deserved to be meted with a major penalty for his negligence in duty yet the order of dismissal from service was not a proper order in that all the circumstances in..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 ......egislature has not provided for remedy, it is none of the business of the Court to provide the same. It is now well settled that the Court, in the garb of interpretation, should not legislate. The duty of the Court is to give effect to the intention of the legislature and not to translate the sa..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 ...... an application under sections 439/561A sometimes creates confusion. 13. The learned Judges then reminded the "Highest Court of the country", meaning the Appellate Division, of its duty which is "only to interpret a law and not make a new law under the cover of interpretati..Category: Criminal Law | Date: | Hits: 98
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......10.9.98 (as 9.9.89 was Friday) and submitted another joining report before the said Chairman who on various pleas did not accept the said joining report nor did he allow the respondent to perform his duty although the respondent attended the office. 4. It has been alleged by the respondent that ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....t and all defence personnel hold office during the pleasure of the President. The President's Order under Rule 14(5) is not justiciable. No case has been made out of malafide, or coram non judice and excess of jurisdiction. 13. The petitioner is not holding any constitutional office. Article 147 ...... 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...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 ......that a further amount in Bangladesh currency would be due if the rate of conversion on the date of payment was ordered. When the petitioner is unmindful of Article 28, a court of law no independent duty to enforce Article 28, like section 3 person of the Limitation Act. If an applicant wants enf..Category: Banking Law | Date: | Hits: 125
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
.... and its conclusions are far from satisfactory, which the High Court Division failed to notice. 10. So long as the Court of Settlement acts within jurisdiction and does not commit any excess of jurisdiction the High Court Division will be right in not interfering on the ground of me......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 ..Category: Property Law | Date: | Hits: 77
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. ......nate to witness the close collaboration between them. It is a glaring instance where respondent No. 1, which is a very important statutory body in the environmental field and is entrusted with the duty of preserving the environment, emerged as an instrument of exploitation on the behalf of priva..Category: Environmental Law | Date: | Hits: 293
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......onstitution and no other Act or instrument is necessary for withdrawing the money from the Consolidated Fund to satisfy the ex parte decree and the appellant, being a public officer, is under legal duty to obey the direction of the executing Court as communicated by notices dated 3-3-1991 and 27..Category: Civil Law | Date: | Hits: 104
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......ikdar vs Benodini Dasi an attempt has been made to lay down the principle that the provision as contained in sub-section (2) of section 96 is not mandatory but merely directory, in other words, no duty is cast upon the pre-emptor to implead all the parties who are, as contemplated under section ..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......he Constitution and the laws of the country. Accordingly, the Constitution ordains all the agencies, both judicial and executive including the police, shall act in aid of the Supreme Court and are duty bound to respect and assist the judiciary, maintain its supremacy as the embodiment of the wil..Category: Criminal Law | Date: | Hits: 64
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
.... Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs and the judgment and order passed by the High Court Division is set aside. Ed. ......nt bank is that of a debtor and creditor; the appellant bank, being a schedule bank and owned by the Government is a "person" within the meaning of Article 102 of the Constitution and was duty bound to pay the proceeds of the FDR to the respondent No. 1 but it having failed the responde..Category: Banking Law | Date: | Hits: 101
11761171117011561153114911481145113511341133112811271126112011171105109310921091