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....rge against the petitioner on 3.8.89. For this reason he submits that by contravention of the provision of Rule 7(2) by simultaneously appointing an Inquiry Officer, there has been a contravention of principle of natural justice inasmuch as the Petitioner has been deprived of his initial right of su......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......ector General of Food) giving rise to CPSIA No. 64 of 1990; Myers Vs. Bethlehem Corporation (1938) 303 US 41; R Vs. Chief Constable of the Merseyside Police, Calveley and others, (1986) 1 All England Law Reports 257; Bangladesh and others Vs. AKM Zahangir 34 DLR (AD) 173; 34 DLR (AD) 173; UP Vs. Noo..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
.... of the plaintiffs, previously filed Title Suit No. 376 of 1963 challenging the decree passed in Title Suit No. 449 of 1961 and lost tip to the Supreme Court and therefore the present suit was barred principle of res judicata.. His further case was trial defendant No. 1 had valid title and possessio......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......hers, 29 DLR 211; Kaysons Vs. National Bank of Pakistan, Karachi, PLD 1972 Karachi 174; Abdul Jalil Munshi and another Vs. Abu Bakr Siddique, 35 DLR (AD) 42; AIR 1929 Madras 803; AIR 1931 Bom 509. Lawyers Involved: Hemayet Uddin Ahmed with Abdul Quayum and Subodh Ranjan Dutta, Advocates ‑ Fo..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....he learned Appellate Court, in my opinion, has taken the correct view that no final agreement for sale was made in between the parties which can be legally enforced under the Specific Relief Act. The principle of law enunciated by their Lordships in the decision cited by Mr. Syed Mahmud Hossain supp...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... United Bank of India Ltd. and others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fabrics Ltd. Vs. Mallick Textile Industries and others, 37 DLR (AD) 126. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
.... justice has not been meted out by the Court who tries the suit, the, decree cannot be set aside simply on the ground that the case was tried by a Court other than the Small Cause Court." Thus the principle laid down in the above quoted decisions is that the suit falling within the exclusive juri......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......142; 22 DLR 444; 6 DLR 588, AIR 1916 (Patna) 31, AIR 1933 (Patna) 31; AIR 1930 (Bombay) 30; AIR 1938 (Rangoon) 35; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 33 DLR (AD) 55. Lawyers Involved: Abdur Rahim, Advocate ‑ For the Petitioners. Nizamuddin Haider, Advocate ..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......oner Vs. Shafiqul Alam ...................................Opposite Party. Judgment September 19, 1990. Cases Referred to- 23 DLR 113, 42 DLR 140, 1984 BLD (AD) 8, 1981 BCR 450. Lawyers Involved: M Gholam Rabbani, Advocate ‑ For the Petitioner. Mohammad Ullah with Waliu..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....he part of the litigant to assert his right as taken causing prejudice to the adverse party. In Lindsay Petroleum Vs. Prosper Armstrong Hurd, (1814) 5 PC 221 Sir Barnes Peacock has clearly stated the principle thus: "Where it would be practically unjust to give a remedy, either because the party ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......howdhury Vs. Manzur Hossain, 1984 BCR (AD) 532; Sukumar Sen Vs. Guranga Bijoy Das 1989 BLD (AD) 162; Abdul Wahab Vs. Ali Ahmed, 44 DLR (AD) 55; Shamsul Arafin Khan Vs. Kazal Miah, 49 DLR (AD) 175. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....ement and pay her gratuity. The petitioner accepting the lawful retirement and gratuity benefit without objection has filed the petition as a measure of afterthought and the petition is barred by the principle of estoppel, waiver and acquiescence. 4. In her affidavit‑in‑reply the petitioner d...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112....... November 18, 1992. Cases Referred To- MA Mannan Vs. Biman Bangladesh Airlines 41 DLR 318; AC Jose Vs. Siven Pillai, AIR 1984 (SC) 921; A khlasur Rahman Vs. Safarullah, 42 DLR (AD) 189. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates ‑For the Petitioner. Kho..Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....drawn my attention to certain English and Indian decisions. Although they are not binding on me, yet being the enlightended views of the eminent jurists who are accustomed to expound and illumine the principles of jurisprudence similar to our own, they offer a valuable guide on subject. 4. In the......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ....... Joti Prasad, 1944 All, 188; Suraj Narain Vs. Jamil Ahmad, AIR 1946 Patna 348; Narsing Das Vs. Gokul Prasad, AIR 1928 All, 140‑50 All. 113; Ahmed Ali Vs. Joty Proshad, 1944 All, 188; 5 CWN 230. Lawyers Involved: Md. Ruhul Amin II, Advocate – For the Petitioner. Mihir Kanti Majumder, Ad..Category: Procedural Law | Date: | Hits: 91
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
.... in which Mr. Badrul Haider Chowdhury, J as his Lordship was then, traced the history of the gradual development of interpretation of "abandoned property" appearing in Article 2 of PO 16 of 1972. The principle that has been settled in these cases culminating in Ispahani's case is that clause (1) of ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ...... Cases Referred to- M/s ATJ Industries Limited and others Vs. The Government of Bangladesh, 27 DLR page 27; 28 DLR (AD) 120; 28 DLR 27; Government of Bangladesh Vs. M S Ispahani, 40 DLR 116. Lawyer Involved: MI Farooqui with M Saleemullah, Advocates- For the Petitioner. Mashuque Hossa..Category: Property Law | Date: | Hits: 73
....facts but to no result. When that was the matter a letter of provisional work order was issued in favour of respondent No.6 without considering the case of the petitioner which is in violation of the principle of natural justice. The petitioner thereafter served demand of justice notice but fill tod......as issued by the respondent No.5 namely Deputy Manager of the said Mills stating the fact that he accepted the tender riled by respondent No.6 namely MA Momit (Asuk), Managing Director, M Co. Trading International Limited. The petitioner being a lowest bidder went to the office of the said mills for......bajan Vs. Jalgaon Municipal Council, 1991 (3) SCC 91:.(AIR 1991 SC 1153); 1976(3) All England Reports 665; Nottinghamshire Country Council Vs. Secretary of State, 1986(l) All England Reports, 199.
Lawyer Involved:
Moudud Ahmed with AKM Faiz and Salma Masud, Advocates ‑ For the Petitioner.
..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......es Referred to- Messrs Importers and Manufacturers Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 (SC) 73; Tajabunnessa and others Vs. Mrs. Nazma Begum and others 1987 BLD (AD) 205. Lawyers Involved: Faridul Alam Chowdhury, Advocate ‑ For the Petitioners. M Fazlul Karim wit..Category: Property Law | Date: | Hits: 67
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....he finding lower Appellate Court committed an error or defect in procedure or error of law. The finding of fact of the first Appellate Court is final, if the finding is based on proper evidence. This principle of law is well established. It is pertinent to refer to the case of Pathana Vs. Mst. Wasai...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..................Respondent. Judgment January 1, 1989. Cases Referred to- Pathana Vs. Mst. Wasai, 17 DLR (SC) 47; Mussummat Durga Chowdhrian Vs. Jawahir Singh Chowdhury, 17 Indian Appeals 122. Lawyers Involved: SK Zulfiqur Bulbul Chowdhury with Farmanullah Khan, Advocates ‑For the Appell..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....n the assumption that the proceedings were before a competent tribunal he cannot be allowed to argue that the whole proceedings were coram non judice. On facts of the instant case we are to apply the principle laid down in those cases to the case before us. On reference to the agreement in the case ......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ...... Laboratories Ltd. Vs. Pubali Bank and others, 40 DLR 1; M/s Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court and another, 39 DLR 11; Banwarilal Garodia Vs. Joylal Hargulal, 1956 Cal. 467. Lawyers Involved: Syed Ishtiaq Ahmed with Saleh Uddin Ahmed, Advocates ‑ For the Appellant. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....lt in the killing person. If he does so be cannot claim that he was doing so in the right of private defence and has exceeded in his right.” 24. We keeping in view the above laws and the settled principles in respect of the limit of the exercise of private defence of person and of property by a......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ......tan Muhammad Vs. Crown 1955 PLD Lahore 575; State Vs. Manzoor Ahmed 18 DLR (SC) 444; Sardarali & another Vs. State 22 DLR (SC) 129; Puran Singh and others Vs. State of Punjab (1975) 4 SCC 518. Lawyers Involved: Serajul Huq with ABM Golam Majid and Anisul Huq, Advocate‑For the Appellants...Category: Criminal Law | Date: | Hits: 86
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......t No.3, United Commercial Bank Limited, Bangshal Branch, Dhaka as plaintiff instituted Artha Rin Suit No.33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1, 80, 92,680.24 (one crore eighty l......J Md. Ruhul Quddus J SDS Dairy Limited………………................Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers Involved: Shah Md. Munir Sharif with Md. Sohel Rana, Advocates-For the Petitioner. Al..Category: Procedural Law | Date: | Hits: 80
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......ar Pramanik (1992)12 BLD (HCD) 284; The State Vs. Arman Ali and others 42 DLR (AD) 50; Rustum and others Vs. The State XIV BLT 435; Shamsuddin Sarker Vs. State 11 DLR (SC) 365; 2006 (XIV) BLT 435. Lawyers Involved: Mohd. Lokman Hossen, Advocate-For the appellants. Matiur Rahman Howlader, As..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....obabilities and incongruities for which it cannot be accepted for the purpose of finding the accused appellants guilty of the charges of a capital sentence though the learned Advocate concedes to the principle of law that section 32 of the Evidence Act the dying declaration, if it is found free from......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ...... Cases Referred To- AIR 1978 (SC) 1530; 7 DLR 346; 12 DLR (WP) 30; SCMR (1973) 26; Hazrat Ali and others Vs. State, 1984 BLD 257; Yusuf Sk. Vs. Appellate Tribunal and another, 29 DLR (SC) 211. Lawyers Involved: Shamsul Huq Chowdhury with Ali Akbar and Golam Ashek, Advocates ‑ For the App..Category: Criminal Law | Date: | Hits: 83
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....The mutwalli has a right to be heard and to reply to the allegations made against him, specially when this right has been given in the proviso of the section. It has always been considered a cardinal principle of interpretation of any deed or statute that a proviso to a section will have an over‑r......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......an Vs. Secretary, Education Department, 17 DLR 46; Nadira Rahman Vs. Amir Hussain, 35 DLR 277; Shoukat Ali Vs. Administrator of Waqf, 29 DLR 276; Makbulal Huq Vs. Administrator of Waqf, 17 DLR 30. Lawyers Involved: Mahmudul Islam with Md. Reaz‑e-Morshed Kamal, Md. Gaziur Farooq and Syed Dast..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....s a special penalty and is not a specific method of execution of a decree in terms of the decree. 18. I have already answered partly against these reasons. The second reason sounds good as a broad principle, but does not, as indicated by me, fit in with the provisions of the Code. The third reaso......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......njappa Vs. Manjakke Shedthi, 1961 Mysore 268; Murari Lal Vs. Nawal Kishore, 1961 Punjab 547; Eveuru Venkata Subbayya Vs. Srieshli Veerayya, 1969 AP 92; Paul Vs. Cheeran Narayanan, 1969 Kerala 232. Lawyers Involved: AKM Nurun Nabi Khan with Khurshed Alam, Advocates ‑ For the Petitioners. M..Category: Procedural Law | Date: | Hits: 95
Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....e custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.” 13. It is now settled principles that the conditions necessary for the application of section 27 are, firstly, that portio......tions 302/34 of the Penal Code and they are acquitted thereof. They be set at liberty immediately, if not wanted in any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 63. ......resent: Naimuddin Ahmed J Mohammad Gholam Rabbani J Bashir Ali and others....................Appellants Vs. State……………………..Respondent Judgment April 16, 1992. Lawyers Involved: AM Faiz, Advocate ‑ For the Appellants. Basharatul Mowla, Advocate ‑ For..Category: Criminal Law | Date: | Hits: 62
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