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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 in the absence of a member of the enquiry committee its proceeding should be automatically adjourned, the deliberations of the enquiry committee could not be questioned on the supposed violation of principles of natural justice. 5. Taking a cue from a query from this Court whether the order of ......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 ......ay, 1986. 3. Dr. Kamal Hossain, learned counsel for the appellant, besides the point referred to in the beginning of the judgment also submitted at the leave granting stage that the minimum principle of natural justice was not followed while passing the impugned order in review. 4.......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
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 ......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 ......inst petitioner defendant No. 9. 3. Defendant No. 5, Abul Kalam Azad, filed a first appeal, FAT No. 369 of 1991 in the High Court Division, but as he did not deposit 50% of the decretal amount, as required under the Artha Rin Adalat Act, 1990, the Memo of appeal and the court fee..Category: Civil Law | Date: | Hits: 122
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 ......he Indian Interest Act, 1839 was passed during the rule of the East India Company. In 1893 the House of Lords, in London, Chatham and Dover Rly Co. Vs. Southern Rly Co. (1893) AC. 429, affirmed the principles inserted in the 1833 Act, and reaffirmed the view that interest could not be allowed as ......eir dues for some Non‑Tender items of work, which they had admittedly done by verbal instructions of the BADC' s Chairman. The claim under these four Bills was Taka 24,51,570.00 and upon this amount they claimed interest at the rate of 18% from 1 July 1984. Their total claim including inte..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. ......or the purpose for which it was acquired, as a notice not to show cause against resumption. The next contention is, that the High Court Division was wrong in holding that there was a violation of the principle of natural justice in the making of the impugned order in as much as it was not noticed th......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. ..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. ......provisions it becomes clear that in matters assigned to the tribunal its jurisdiction is exclusive and to that extent the jurisdiction of all other courts is barred. It follows logically as a general principle that comprehensiveness in dealing with such matters cannot lag far behind the exclusivenes......9, alleging, inter alia, that the Bank Authority upon suspending him from service, charge sheeted him on 16.7.86 on the allegation that he had abetted in defrauding and causing loss to the Bank of an amount of Taka 58,00,698.30 by collectively opening some letters of credit in favour of two fictitio..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 ......er Section 439A. 34. We have already held that both sub‑section (4) of section 439 and section 561 A are non obstante in nature. These sections being non‑obstante in nature, the principle that a non‑obstante provision occurring in statute would override an obstante provi......e jurisdiction of the High Court Division to revise or review an order passed by the Sessions Judge under section 439 had been absolutely taken away expressly by section 439(4) and as such it would amount to misinterpretation of a statute to interfere with the order of the Sessions Judge passed ..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 ......d it is held that the High Court Division 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 indicatio......exercised on an appeal from a decision of the High Court Division only. To suggest that a leave‑petition may be filed under Article 103 challenging the Sessions Judge's decision is itself tantamount to legislation against which the learned Judges have patronisingly cautioned the Appellate ..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. ......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. ......ere be no person competent to receive the compensation or, if there be any dispute as to title to receive the compensation or as to the appointment of it, the Deputy Commissioner shall keep the amount of the compensation in a deposit account in the Public Account of the Republic which shall ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....t the plaintiff entered into a written contract with the defendant to supply 100 cars; that the price was ultimately fixed at Tk. 2,30,000.00 per car; that the cars were delivered to the plaintiff in installments but the money was not paid in due time. Due to the non payment of the price of the cars......is dismissed. The Sale of Goods Act, 1930 (III of 1930), section 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by spec...... the defendant at the rate of Taka 2.30 lacs each and that the price of the cars would be paid within a period of 190 days from the date of delivery. The defendant paid to the plaintiff in advance an amount of Taka 10 latch as a part of the purchase money. In due course the plaintiff imported the ca..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......il Vs. Sumitra Devi 16 DLR 272 and in the case of Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation 29 DLR (SC) 168 the injunction granted by the High Court Division was done on correct principles. 4. So far as the case of Mosharraf Hossain is concerned, it is to be obser......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
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. ......he High court Division accepted the contention and put him back in service. 2. The question raised in this appeal by leave is whether the High Court Division ought to have decided the case on the principle: 'Allegans contraria non est audiendus', which means, he is not to be heard who alleges th...... 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. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 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....... have been clear that he was retired from service for malafide reasons. 5. It is contended that Rule 14 (5), is a kind of "Henry VIII clause" permitting hiring and firing at will‑is violative of principle of audi alteram partem and is patently discriminatory allowing unrestricted latitude to th...... 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 ......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 ......laneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, 910.29 equivalent to US $ 1,90,609.05 only as on 1.7.77 with interest at t..Category: Banking Law | Date: | Hits: 125
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ......led on payment 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 b......d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37 ..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....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. ......ule 3, he contends, is intended for future appointment, Rule 4, after amendments, provides that matters not covered by Rule 3 shall be governed by the General Principles of Seniority "_Or where. such principles as the Government may, by Order. specify in this behalf" (emphasis supplied), This rule i......most of the cases. Mr. TH Khan, learned Counsel for the appellant in Civil Appeal No. 63 of 1992, has observed that fixation of seniority of the writ petitioners in 1977 under the Rules of 1983 would amount to putting the cart before the horse; in other words, according to him, Rule 3 is not applica..Category: Employment/Service Law | Date: | Hits: 97
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....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. ......ed upon them in Title Suit No. 120 of 1980 and whether they came to know about the ex parte decree for the first time on 15.5.92 as alleged. In view of the special facts of the case and the aforesaid principle that the question of limitation is subject to reconsideration at the instance of responden......t and without notice to him purports to deprive him of a valuable right, for, it put in peril the finality of the decision in his favour and if he is precluded from questioning its propriety it would amount to a denial of justice. "It must, therefore, in common fairness be regarded", their Lordships..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....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. ...... of his daughter, he (the appellant) would no longer insist on having her custody but would nevertheless maintain that she is a minor. Mr. Gaziul Huq submitted that he would be satisfied if the wrong principles as applied for determining the minority of the girl by the High Court Division is set asi......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
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......ch is contemplated in Regulation 22 the question of giving notice or a pre‑hearing does not arise. In such a case there is no scope for making any grievance on the ground of violation of the principle of natural justice either. In the instant case the Administrative Tribunal is found to ha......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....the building in question; that pursuant to the conditions put forward by the respondent No. 1 the members of the respondent No. 5 Samity already deposited a total amount of Taka 1,25,00,000 in two installments starting from 1987 and for the last 13 years the said amount has been lying with the r......ance or malfeasance or misfeasance on the part of public authorities or public officials, the doors of justice are open to them to sue the public authorities for pecuniary relief by enforcing the principle of accountability." 25. We are of the view that since the respon&......ve participation of the owners of the building in question; that pursuant to the conditions put forward by the respondent No. 1 the members of the respondent No. 5 Samity already deposited a total amount of Taka 1,25,00,000 in two installments starting from 1987 and for the last 13 years the sai..Category: Environmental Law | Date: | Hits: 288
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