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Displaying 1961-1980 of 2137 results.
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ight to use his money. 18. We have seen with keen interest the historical development of the law as to interest and also we have taken into consideration various decisions and views of high judicial authorities of England, India and Australia as placed before us by the learned Counsels of......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....overnments, the pronouncements of the highest Court are given a finality and a binding effect for the simple reason that there must be a finality to litigation at some point and that there must be judicial discipline, the lower judicial hierarchy being bound by the decision of the higher judicia......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 ..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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 128
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. ...... joined in the said post on 7.12.68. The Department of Tourism was abolished in 1970 whereupon he was appointed as a Deputy Manager in the Pakistan Tourism Development Corporation which took over the functions of the Department of Tourism and the respondent joined his new post on 1.1.1971. After lib..Category: Employment/Service Law | Date: | Hits: 126
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....t of one month's pay in lieu of notice in terms of the contract. He challenged the order of cancellation by a Writ Petition taking the ground that it was malafide and repugnant to the principle of judicial independence as well as against public policy. The Rule was discharged by the High Co......hat such action was extremely objectionable and improper since the Secretary had no authority to send for the Chairman of the Settlement Court who was discharging his judicial/quasi‑judicial functions. The High Court Division rejected the Secretary's claim that since the Court of Settlemen..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....ower to make retrospective amendments to the Rules but if the Rules purport to take away the vested rights and are arbitrary and not reasonable then such retrospective amendments are subject to judicial scrutiny if they have infringed Articles 14 and 16 of the Constitution." These two cit......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....nt case no application for condonation of delay of 10 years 301 days has been filed before the court, no effort appears to have been made for explaining such delay. The court is required to apply its judicial mind to the facts and circumstances of the case and thereafter satisfy itself as to its rea......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. ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....is daughter is minor and school certificates are always managed suggesting that these cases are always false and to be treated is such. Nothing can be more improper than to entertain such notion in a judicial proceeding. Mr. Gaziul Huq complained that the High Court Division not only wrongly imputed......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....guarantees in Article 21 unfold penumbras shaped by emanations from those constitutional assurances which help give them life and substance. In the circumstantial context and factual back-drop, judicial intervention is warranted, especially since the Supreme Court of India have already laid ......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. ..Category: Environmental Law | Date: | Hits: 293
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... 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. ......n was performing as the Publisher for and on behalf of the Company. The Additional District Magistrate by the said letter informed that his office had no objection if Mr. Rahat Khan discharges the functions as editor in-charge during the period of absence of the editor Mr. Anwar Hossain. This le..Category: Civil Law | Date: | Hits: 103
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....ry authority as it is relatively constant in juxtaposition to unstable financial estimates guided by change of financial policy from year to year and it is also in consonance with the principle of judicial independence and so the executing Court has authority under Order XXI, rules 52 and 56 of ...... 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. ..Category: Civil Law | Date: | Hits: 104
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....ions and duties in upholding the cause of justice, protecting, safeguarding and defending the 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 bou......e, not only exercising judicial powers in its original and appellate jurisdictions but also exercising its judicial review of the administrative action of the authorities and persons performing the functions in connection with the affairs of the Republic or of a local authority and accordingly, a..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....avates the situation and no application for transfer lies against him on the ground of not getting a fair trial on that ground. 15. We are also of the opinion that any change in such judicial view will have disastrous consequences. 16. In such view of the matter and taking......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)
....t suit inasmuch as the civil Court is authorised to examine whether the statutory tribunal, i.e. in the present case, the acquiring authority, acted in conformity with the fundamental principles of judicial procedure. 17. Expanding further his argument, Mr. Karim submits that......, 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
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....n of section 96(10) of the State Acquisition and Tenancy Act a transaction which is a heba-bil-ewaz is not out of the ambit of pre-emption. 18. So, it is seen that the preponderance of the judicial view is that a transfer by Muhammadan husband to his wife in lieu of dower-debt is sale an...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......of the application for such licence within 30 days ignoring the broad fact that as the administration of Radio, Television and all other matters relating to broadcasting and television are within the functions and powers of the Ministry of Information and the earlier licence was also obtained by ETV..Category: Information Technology Law | Date: | Hits: 266
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ......ities of the persons constituting these local bodies. It is a common knowledge that for non-payment of loans taken from State-owned banks, the national economy has been badly affected. One of the functions of Union Parishad is to help collection of Government dues, rents and taxes. Besides, ..Category: Election Law | Date: | Hits: 106
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....uld not be ignored." Having regard to the facts and circumstances of the case and in view of the submissions made, we are of the view that the High Court Division, having applied its judicial mind, rightly decided the case. We are fully in agreement with the above finding of the Hi......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....dents Samity the same ceased to have any activities of the co-operative society and the High Court Division having failed to consider this aspect, made the Rule absolute without proper application of judicial mind. 10. We have heard and considered the submissions. On perusal of the impugned judg......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....t as unreliable or to rely upon that portion, which, in the opinion of the Court, fits in with other evidence and the facts and circumstances of the case. The exercise of the power is guided by judicial discretion, and cannot be exercised either arbitrarily or capriciously". ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
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