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Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......cial statute I am afraid the argument of Mahmudul Islam that revision lies is not entertainable. There are various decisions from Indian jurisdiction where it has been held that for fundamental basic principle of justice and fair play or where a patent or flagrant error in the procedure of law has c......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ...... to their own disadvantage. In the instant case the plaintiff, who is not a well educated woman to understand fully the effect of her signatures on the papers and blank stamp as referred to above the principle of law as stated above can also be taken in aid to hold that the plaintiff had no intentio......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ..Category: Civil Law | Date: | Hits: 162
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......lice Station and the informant with his force arrived on the spot and the people handed over the accused respondent to the police along with the revolver and black reksin bag containing the said amount of money and other valuable articles therein. 3. The informant, arrested the acc..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......ion is made strictly on the basis of merit but seniority playing its part only when all other qualifications are practically equal. The later category includes posts to which promotion is made on the principle of "seniority-cum-fitness". 15. What is exactly implied by the term......31. The concept reasonable expectation has imposed a duty on the public authority to act fairly by taking into consideration all relevant factors relating to the expectation as the denial of it would amount to denial of the right guaranteed or secured and would lead to arbitrary, unfair or discrimin..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....unt at Tk. 27,37,632/- without mentioning the basis of such fixation. The writ-petitioner then filed an application to the State Minister for land for payment of the said salami money by 10 installments after adjusting the amount already deposited. The review application was allowed and th......ation of the rights of the allottee/lessee except upon giving an opportunity to defend against the proposed action, and as such the High Court Division has erred in holding that "the question of principle of natural justice does not arise." 5. We have heard Mr. Khandaker Mahbubuddin......d 03.12.1988 asking the writ-petitioner to deposit a further sum of Tk. 7,30,488/- on the ground that the Controller of Accounts of Land Administration Board of Bangladesh, Dhaka had fixed the salami amount of the allotted land at Tk. 10,83,823/-. The appellant Company by the letter dated 19.01..Category: Property Law | Date: | Hits: 127
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......s already been dealt with in departmental proceeding and has been dismissed from his service and, therefore, initiation of the Criminal proceedings against him cannot sustain being barred under the principle of double jeopardy. 5. He then submits that there being no sanction to prosecute the p......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 94
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......; learnedMagistrate or the order passed by the tribunal with observation as referred to above can not be a ground for quashing the proceeding." 7. It is an established principle of law that if the F. I. R itself discloses offence under any provision of law, the procee......supplier of soaps of different brands manufactured in H. M. Soap Factory owned by the informants uncle; that on 17.2.2000 at about 6 P. M the informant after collecting the sale proceeds of the soaps amounting to TK. 20,000/-(Twenty thousand) started towards Sylhet and on reaching Sunanaganj Road, t..Category: Criminal Law | Date: | Hits: 81
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......ing cows and on the same day he came back from Dhaka and Stayed at Doulatdia Ghat in a Hotel; on the next day i.e. on 4th Sravan, Monday he started for home with Tk. 900/- only keeping the rest amount with his nephew Abul Hossain, son of Helaluddin of village Jitka, P.S. and District Manikganj..Category: Criminal Law | Date: | Hits: 121
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......tion at the rate of any monthly salary or any right to one months benefit for every completed year of service of 39 years at rate of TK 16,372/- per month or that he was ever paid at the said monthly amount as his monthly salary though the respondent has claimed his months pay in lieu. Nothing has b..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... import 500 tons of duplex board on an undertaking to re-export those within two years from the date of the release of the consignment and in case of failure to re-export, to pay on demand, twice the amount of import duty as may be leviable thereon. The Ministry of Finance was pleased to forward the..Category: Fiscal/Taxation Law | Date: | Hits: 130
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......The suit being a suit for permanent injunction in which the question of title may be gone into incidentally but decision of title in a suit for permanent injunction ought not to have been the guiding principle. The Court cannot disentitle the plaintiff of a decree for permanent injunction if he......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......nvolved in the appeal. 15. We have allowed him to argue on the said point of law, but for the forgoing reasons we do not find that the issued in the matter against the award is barred by the principle of res judicata. 16. As to the main question centering around the appeal as to wh...... Dhaka. Being aggrieved by the said cancellation of the agreement the appellant in terms of the aforesaid agreement referred the matter of cancellation to the Additional Chief Engineer and claimed an amount of Tk. SO(thirty) Core and odd as compensation on the ground that after conclusion of the agr..Category: Alternative Dispute Resolution | Date: | Hits: 229
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......uck chassis by a technical team as per packing list and seal of the boxes. By letter dated 06.12.1986 the defendant agreed to the plaintiffs proposal and asked it to deposit installment of the tender amount before inspection and sealing of the boxes. The plaintiff thereafter deposited Tk...Category: Business or Commercial Law | Date: | Hits: 108
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ...... of the matter he was allowed to enjoy the privilege of LPR. 5. In due course, 2nd show cause notice mentioning the proposed punishment of dismissal from service and recovery of an amount of Tk.66,11,461.90 from him was issued and he replied to that. Finally being not satisfied wi..Category: Employment/Service Law | Date: | Hits: 109
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......the earliest opportunity so that the Court may not be unnecessarily bogged clown in a complicated trial of the issue of fact requiring much time and involving heavy expenditure. The general principle is no doubt that the issues in a suit shall not be tried in part but should be disposed of...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......of holding of AGM of the Bank as per order of this Court and reminded the contemner appellant No. 1 that his inaction in holding the AGM of the Bank is, in effect, violation of the order of Court and amount to disregarding the order of Court and this may be brought to the notice of the Court and the..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......he opposite party, petitioner herein to repay the said outstanding loan by 14.8.1998 and further directing that in default, the respondent herein will be entitled to recover the said outstanding amount along with interest and costs by sale of the mortgaged properties. 4. The present peti..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ...... later on, on December 7, 1979 and upon putting thumb impressions in the undertaking received Tk. 36,000/- as loan. It was stipulated in the said undertaking that in case of return of the aforesaid amount of money the appellant and his brother would return the shop no. 235 (kha) to him and till ..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ...... Division was quite unmindful of the fact the reliefs granted in the suit were not legally available to the Respondents and consequently allowing the gross error of law to remain in effect that would amount to allow the Respondents to enjoy the fruit of the decree although under the law they are not..Category: Limitation Law | Date: | Hits: 189
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