Search Options
Judgment Advanced Search
Displaying 3621-3640 of 3933 results.
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ...... S. Ishtiaq Ahmed, Addl. Attorney-General instructed by S. S. Hoda, Advocate-on Record —For the Respondent. Civil Appeal No. 37-D of 1970. (From the judgment and order of the High Court at Dacca dated the 29th April, 196...... accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, such authority may make an order staying the proceedings."......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
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. ......ssed. Ed. ...... a case under the Collaborators Order, to direct the release of a respondent therein who has voluntarily gone or has been taken into custody in obedience to its own direction. 4. For a proper appreciation of the opposing contentions of the parties it will be necessary to re...... 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. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ssion and, in between, repeated several times that the facts of the case are unique and they have no relevance with other cases of abandonment of domicile of origin and they are to be examined from a completely new angle in the context of bundle of facts out of which Bangladesh emerged. After referr......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: ......d 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 public duties and to protect public property." 9. Citizenship may be acquired by birth or by naturalisation. A person who is deemed ......of limitation. This is an extraordinary remedy and should be sought with all possible expedition. The Court should not allow its docket to be choked with stale matters, otherwise the whole process of adjudication will adversely be affected. The Court is to balance the interests of the party or parti..Category: Immigration and Citizenship Law | Date: | Hits: 522
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....mitted that exclusion of the Directors who had given guarantee "both collectively and severally" for the Bank's loan, seriously prejudiced the petitioner-bank's Suit and that to do "complete Justice" to the petitioner, leave may be granted for considering the glare impropriet...... case is also reported in: 46 DLR (AD) (1994) 190 ......ll be useless, learned advocate has argued. 3. There is, of course, some substance in the argument that the order of the trial Court striking off the names of the defendants-guarantors is improper, but it was passed in presence of the Bank's representative; no action was taken in time to ......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..Category: Banking Law | Date: | Hits: 106
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 .........Respondent Judgment August 26, 1993. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioner. Md. Abdul Wadud Khandker, Additional Attorney-General, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respond......im as he was out of the country. He has returned only a few days back and he is now available. As an eye-witness, his evidence is vitally important, necessary and essential for arriving at a just and proper decision in the trial. The prosecution prayed that for the ends of justice, the said witness ......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chittagong Chemical Complex ……Appellant Vs. The Chairman, Labour Court and another ..............Respondents Judgment November 30, 1993. Lawyers Involved: Kha......was dismissed from service on the ground of misconduct. He challenged the order of dismissal before the Labour Court, Chittagong, by a Complaint Petition, Case No. 193 of 1986, on the grounds that no proper enquiry was held and no opportunity was given him to defend himself. The Appellant filed a wr......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..Category: Labour and Industrial Law | Date: | Hits: 103
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgment June 23rd, 1993. ...... Shahabuddin Ahmed CJ.- Defendant No. 5 is the petitioner and the matter arises from a suit relating to a property which the defendants claim to be a vested and non‑resident property, leased out to D......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....nature; (c) that there being no provision in the Adalat Act for moving the High Court Division against an interlocutory order and no alternative forum having been provided for speedy, efficacious and complete relief to the party aggrieved, the writ petition could not be refused only for the reason t......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......led by the appellants may be returned along with the Court fees paid so that the appellants may file a fresh written statement without the counter-claim and may file a suit against the plaintiff in a proper forum using the Court fees they have paid. 25. We do not think this is necessary. The wri......'s claim as well. Order XX rule 19(1) of the Code of Civil Procedure requires the Court to mention the dues of the defendant separately in the decree. No difficulty arises if the Court moves from one adjudication to the other within jurisdiction. But, if the set‑off or counter-claim exceeds the pe..Category: Banking Law | Date: | Hits: 168
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....General in this respect is rejected. 14. The learned Additional Attorney‑General has lastly referred to Article 104 of the Constitution of Bangladesh which provides for doing "complete justice in any cause or matters pending before it" and has submitted that the impugn...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh ……………. Appellant Vs. Luxmi Bibi and others..... Respondents Judgment April 28th, 1994. Cases Referred to- ...... and much wider than, that of an application under section 152. In exercise of power of review the Court which has made a decree may amend or modify it in any way and to any extent which it thinks proper on the basis of the record of the case, but in the case of an application under section 152 ......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
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....nied by the defendants both in the written statement and in evidence, In the background of these pleadings and the evidence, the SCC Judge found that the rate of Taka 17.50 paisa as rent per month completely fits in with the case of the plaintiffs, and had not the defendants accepted the altered......bsp; Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sudhangshu Kumar Chowdhury and another...................Appellants Vs. Ali Hossain (Md) & ors...................e meanwhile, in 1966 the suit premises was about to be taken over by Me Custodian of Enemy Property and proforma‑defendant 3 moved the authority concerned for release of the same and get the property released by an order dated 18.8.66. Defendants 1 and 2 on getting scent of aforesaid order......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....ent to release the Mills Still holds the field. In this context the apprehension of the petitioner that some interested persons were creating hindrance in the matter of transfer could not be "completely overruled". The High Court Division noticed the Annexure‑D which reveals that...... Chowdhury J. Secretary, Ministry of Industries, Nationalised Industries Division ...........Appellant VS. Saleh Ahmed & anr ........................Respondents and Bangladesh Textile Mills Corporation……………..Appellant ......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 ......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 ..Category: Constitutional Law | Date: | Hits: 157
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. ......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: ......tion 20(1). An inspection team was formed by the Chairman. The Board of Intermediate and Secondary Education, respondent No. 3 herein, which after local inspection submitted a report stating that for proper management of the school a Managing Committee should be formed under Regulation 4(1). The ter......nds upon the facts and circumstances of each case. But it is clear that in the present case the writ petitioner filed a suit basically containing highly contentious and disputed questions of fact for adjudication by a civil Court and it is not his case before the High Court Division in writ that his..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....be possible for a newly elected Union Parishad to hold its first meeting immediately after the election. Sub‑section (113), by a deeming provision, makes the constitution of a Union Parishad complete if the election of seventy‑five percent of the total number of its elected members h......sp; Mustafa Kamal J Latifur Rahman J. Abdul Mannan alias Manu........ ..................... Appellant Vs. Sajedul Hoque and others.................Respondents Judgment April 3rd, 1994. Lawyers In......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 ......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 ..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....ominent role in the auction 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 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...... contended that the suit is not maintainable in the present form; that the suit is barred under section 42 of the Specific Relief Act and the plaintiffs have no subsisting interest in the disputed property and that the plaintiffs were properly represented in the execution proceeding in question ...... 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 ..Category: Property Law | Date: | Hits: 130
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. ......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......aintiff then challenged the order of dismissal. He asserted that the allegations of corruption and misappropriation, made against him, were false; that the enquiry committee did not hold that enquiry properly; that the Committee only asked him to answer four questions and it did not examine any witn......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. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....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 ......] 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...... 11 of MLR No. 1 of 1982 and sentenced each of them to suffer Rigorous Imprisonment for 14 years and to pay a fine of Tk. 10,00,000.00 to be realised by confiscation of their movable and immovable properties, in default, to suffer Rigorous Imprisonment for a further period of 3(three) years each......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
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. ......€¦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 ..........mitation; then an anomaly will be created. President gives relief in a time‑barred review petition and the same is rejected by the Tribunal. So I refrain from giving my opinion in this regard. In a proper case the matter can be considered. I may quote the observation of the Administrative Appellat......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. ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J. Zahirul Islam and Abul Kalam Azad ……………..petitioners (In CP Nos. 251, 318/93). ......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......nder section 7 of the Artha Rin Adalat Act. Reliance is placed on Nagendra Nath Vs. Mon Mohan Singh AIR 1931 Cal 100. 7. The Artha Rin Adalat is a special forum created by a special law for adjudication of suits which can be filed by a Bank or a financial institution for recovery of its d..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....d at Taka 39 lacs and odd. The work was taken up by the contractorsrespondents from 21 January 1983 and they submitted completion report on 1 July 1984 stating therein that the work had been completed on 30 April 1984. But though the work had started from 21 January 1983, it was suspended f......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......ns: (a) Pre‑reference period interest- In the absence of any law or agreement providing for payment of interest by an Arbitrator on an award made by him it will not be proper and safe to vest in him power to award interest for the pre-reference period; for this peri......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
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ...... ATM Afzal J Mustafa. Kamal J Latifur Rahman J. Syed A Jalil .........................Petitioner Vs. Mahbub Alam (Babul) and others ........................Respondents Judgment July, 4th 1993. ......on in all centres was held peacefully a matter over which there was hardly any dispute. But the Tribunal found that the main ground taken in the Election petition is that counting of votes was not properly made and that a verbal prayer for recounting of the ballot papers was made before the Pres...... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ..Category: Election Law | Date: | Hits: 119
11751174117111691166116311601159115611541153115211491148114611451143114111401139