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Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......of two out of the six respondents in the other appeal. At the conclusion of the trial all the seven respondents who were in custody were acquitted by the Special Tribunal which was not intimated in terms of the second part of clause (2) of article 16 of the Collaborators Order that an appea......ssed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....a in 29 DLR (SC) 232 the High Court Division rejected that contention. 11. The remedy of judicial review under Article 102 of the Constitution is not governed by any law of limitation. This is an extraordinary remedy and should be sought with all possible expedition. The Court should not allow i......tection between an individual and his country. Citizenship, the status of being a citizen, is a term of municipal law. Nationality, the status of being a national, is a term of international law. The terms 'citizenship' and 'nationality' are often used interchangeably. 8. Our Constitution, altho......ision (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......ed for further consideration. It will be seen that the Plaintiffs settlement was not in accordance with the Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966, in that in terms of section 4 of that Order, the Custodian could grant lease of Enemy Property for a period no......reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ........ Respondents Judgment June 13, 1994. Result: The appeal is dismissed. Relationship between the Artha Rin Adalat Ain, 1990 and the Code of Civil Procedure, 1908 In express terms the Adalat Act has made several departures from the Code of Civil Procedure. Section 5(ka) pro......ision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sultana Jute Mills Ltd. and others................... Appellants Vs. Agrani Bank and others................ Responde..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......e purview of the definition of "dowry" in section 2 of the Indian Act and makes this important observation: "Another important factor is that it is common knowledge that while defining certain terms in an enactment the legislature takes care to provide that those definitions would apply whil...... Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abul Basher Howlader................Appellant Vs. The State and another ......Respondent Judgment June 28th, 1994. Cases Referred to- Lajpat Rai Sel..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......viding that "the procedure provided in this Code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction", apply in terms to proceedings in writ in the original constitutional jurisdiction of the High Court Division...... This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......ity, Kurmitola, Dhaka (Respondent No. 5 herein) requesting, the latter to form an ad hoc Committee as a first step in the formation of a regular Managing Committee of the Staff Welfare High School in terms of Regulation 20(1) of the Board of Intermediate and Secondary Education, Dhaka (Managing Comm......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, Civil Aviation Authority of Bangladesh.......................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: ..Category: Property Law | Date: | Hits: 86
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 ......extends the period. The results of election of the said Union Parishad were published in the Official Gazette by the Election Commission on 5.3.92, as required under section 25 of the Ordinance. In terms of section 9 of the Ordinance, read with the aforesaid Rules the appellant and respondent Nos......sp; Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers In..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 ......e 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 could the Court guardian be satisfied when the registered postcard w...... Appellate Division (Civil) Present: Fazle Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J. Rekha Datta and others.........................Appellants Vs. Chittagong Urban Co-ope..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......n 41 DLR 190, my learned brother Mustafa Kamal J as his Lordship then was observed that the defendant would not be allowed to introduce an alternative and completely different kind of defence both in terms of content and form which will have the effect of introducing a new controversy between the pa......6 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....that the word "vary" in Regulation 3(4) includes the power to convert a judgment/order of acquittal into one of conviction. It has already been noticed that the provision of review is an extraordinary and unique provision in MLR No. 1/82 and furthermore it is provided as a substitute f...... observed that strict departmental measure be taken against them for their negligence of duties as responsible officers of the Bank. The three other accused were convicted and sentenced to various terms of imprisonment ranging from 14 years including other punishment such as fine, etc. Upon revi......] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Respondents Judgment August 6th, 1992 Cases Refe..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......nt in that notice, but failed to give a decision as to whether the service of the notice was a valid service or not. However, on 18.10.84 the landlord-respondent sent another legal notice in the same terms for service through his Manager, PW 2 Mohammad, who served the same by hanging it in the shop ...... The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the Ordinance which also absolves the landlord to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy isâ€..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......review the President has extensive power to make any order as he deems fit, a Government servant will be entitled to the remedy available to him under the Rule 23. The Act and the Rules deal with the terms and conditions of the service in the Republic and they arc complementary to each other. They a......€¦â€¦â€¦â€¦..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder ......Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....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 ...... 1) demanding compensation for their business‑loss caused due to the suspension of the work for 47 days; they held the appellants responsible for this partial breach of the contract since, in terms of the contract, the appellants were bound to give undisputed possession of the site of cons......afa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Responde..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......by the appellants in their affidavit-in-opposition before the High Court Division. Again, there is nothing on record to indicate that the resumption proceeding was completed by strictly following the terms of clause 7 of the deed of transfer as to re‑entry and payment of compensation to the requir...... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and others .................Appellant Vs. Commercial Tru..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ...... Tribunals have been established under the Act, inter alia, to exercise jurisdiction in respect of matters relating to or arising out of, as provided under Article 117(1)(a) of the Constitution, "the terms and conditions of persons in the service of the Republic, including the matters provided for i...... Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant (In Civil Appeal No. 50 of 1992). Dr. Kamal Hossain, Senior Advocate (Mainul Hosein and Md. Joynal Abedin, Advocates with him) instructed by Md. Aftab Hossain, AdvocateÂ-on-Record- Fo..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 ......1262). When here are two sections in a statute, one dealing specifically with any particular subject which is also included in some of the provisions of another section which is couched in general terms, the provisions of the former section must prevail, unless there is a specific provision to t...... 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)
....ivision has jurisdiction to entertain such an application but whether interference will be made in a particular case is altogether a different matter. The general principle is that the power being extraordinary its exercise also will be rarity and some indication has been given above as to when ......all any jurisdiction either under section 439 or under section 561 A of the Court to adjudicate upon an order of the Sessions Judge in revision" and answered it several times in the following terms‑“With the best of our ability and conscience we have dealt with all aspects and p...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, M..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ...... in a prescribed form before a notice under section 3 is published. The Deputy Commissioner has to tender and pay compensation to "the persons interested", before taking possession, to be assessed in terms of sections 8 and 9. The payment of compensation regulated by section 10. It is either "paid" ......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Responde..Category: Property Law | Date: | Hits: 64
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