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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. ...... Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney..

Category: Property Law | Date: | Hits: 64

Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)

....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......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ......dwas Vs. Municipal Corp., Poona, AIR 1970 (SC) 1201; M/s AZ Company Vs. M/s Moula Baksh Mohd. PLD (1965) (SC) 505 =17 DLR (SC) 404; Secretary, Irrigation Department Vs. GC Roy, AIR 1992 (SC) 732. Lawyers Involved: Asrarul Hossain, Senior Advocate (Mozammel Haque Bhuiyan, Advocate with him), ..

Category: Business or Commercial Law | Date: | Hits: 128

Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)

....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ...... Vs. Begum Fazilatun Nessa.................Respondent Judgment November 5th, 1980. Case Referred to- Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record, (abs..

Category: Property Law | Date: | Hits: 79

Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)

....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 ......ther …………Appellants Vs. Jamini Marak and others................Respondents Judgment November 5th, 1980. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Appellants. ..

Category: Property Law | Date: | Hits: 61

Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)

....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. ......under Dey Vs. Gopal Chunder Laha, Indian Appeals (1891-92) Vol. XIX page 203, Cairncross Vs. Lorimer (1860) 3 Macq 829; Ambu Nair Vs. kelu Nair MR 1933 PC Page 167 & Smith Vs. Baker 8 CP 350. Lawyers Involved: AKM Nazrul Islam, Advocate (MA Tariq, Advocate with him) instructed by Sharifu..

Category: Employment/Service Law | Date: | Hits: 126

Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)

.... 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.......sh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Syed Amirul Islam & ABM Khairul Huq, Adv..

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 ......llip;..Petitioner [In both the cases] Vs. Haque Brothers (Carbide) Ltd. …………..Respondent [In both the cases] Judgment August 5, 1993. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (Tofazzal Islam, Advocate with him) inst..

Category: Banking Law | Date: | Hits: 125

Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)

....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 ......nment of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others……………… Respondent Judgment November 28th, 1993. Lawyers Involved: Md. Mohsin Rashid, Advocate (appeared with leave of the Court), instructe..

Category: Employment/Service Law | Date: | Hits: 73

Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....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......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. ......f Gujrat, AIR 1987(SC), 2348; VT Kanzode Vs. Reserve Bank, AIR 1982, (SC) 917, AIR 1951 (SC) 3 IS; TR Kapur Vs. State of Haryana AIR 1987 (SC) 415; PD Aggarwal Vs. State of UP AIR 1987 (SC) 1976. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General, instructed by B. Hossain, A..

Category: Employment/Service Law | Date: | Hits: 97

Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)

....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......nbsp; July 14th, 1981. Lawyers Involved: Golam Rabbani, Advocate, instructed by BC Panday, Advocate-on-Record -For..

Category: Criminal Law | Date: | Hits: 61

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....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......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. ......��………………(15) Cases Referred to- Chowdhury Saifuddin Ahmed Vs. Shamsuddin, 40 DLR 10; Krishnasami Vs. Ramasami 41 Madras 412 (PC) & Sunderabai Vs. Collector 43 Bom 376 (PC). Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Habibul Islam Bhuiyan, Senior Adv..

Category: Procedural Law | Date: | Hits: 121

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

.... 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. ...... Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nasar Md. Gaziul Haque, Senior Advocate instructed by Md. Ozair Farooq, Adv..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

....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. ......n Tourism Development Corporation, AIR 1987 (SC) I 11; Central Inland Transport Corporation Vs. Brojanath, AIR 1986 (SC) 1571 and MK Agarwal Vs. Gurgaon Gramin Bank, AIR 1988 (SC) 286. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court (MA Wahab Miah, Advocate w..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

....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&......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......erred to- V Lakshmipathy vs. State of Karnataka reported in AIR 1992 Karnataka 57; RV Paddingtom Valuation Officer Ex P Peachey Corporation Limited vs. State (1966) 1 QB 380 (400). Lawyers Involved: Salauddin Mahmud, Advocate instructed by ASM Khalequzzaman, Advocate-on-..

Category: Environmental Law | Date: | Hits: 293

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years from the publication of the S. A. record...(8) Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-o..

Category: Property Law | Date: | Hits: 43

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......ve Petition and it is dismissed………(12) Case Referred to- Syed Al Nesar Ahmed MD, United Food Complex Ltd. vs. Nafisa Choudhury and others 53 DLR (AD) 83. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Md. Ataur Rahman Khan, ..

Category: Business or Commercial Law | Date: | Hits: 86

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....as provided under section 12A(3) of the Printing Presses and Publications (Declaration and Registration) Act, 1973. He further submits that Rule in Writ Petition No. 2746 of 1997 is also hit by the principle of res judicata, inasmuch as the point involved in the present Rule has already been deci...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......ector of Customs and others 1991 BLD (AD) 327; Osman Gazi Mondal vs. Mainuddin Ahmed and others, 27 DLR (AD) 61; Mujibor Rahman (Md) vs. Government of Bangladesh and others 44 DLR (AD) 111. Lawyers Involved: Rafiqul Huq, Senior Advocate, Rakonuddin Mahmud, Senior Advocate (MK Rahm..

Category: Civil Law | Date: | Hits: 103

Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

....rocedure the plaintiff may be allowed to amend the plaint with a prayer for recovery of the money and the same could not change the nature and character of the suit. 7. It is not the principle of law to reject the plaint straightaway instead of allowing the plaintiff to remove any ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......s. Mt Chembeli and others, AIR 1951 Cal 262, Mela and another vs. Labhu and another, AIR 1955 Punjab 97; AIR 1920 Patna 82, AIR 1924 Lahore 608, AIR 1943 Madras 645, AIR 1956 Hyderabad 133. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Ahsanullah Patwary Advoca..

Category: Civil Law | Date: | Hits: 91

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

....nuing statutory authority as it is relatively constant in juxtaposition to unstable financial estimates guided by change of financial policy from year to year and it is also in consonance with the principle of judicial independence and so the executing Court has authority under Order XXI, rules ...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... 725; AIR 1935 (Lahore) 914; AIR 1916 (Cal) 570; EM Visvandhan Chetty and two others vs. Arunachelam Chetti, ILR 44 Mad. 100; Khazan Chand vs. Moti Singh and another, AIR 1935 (Lahore) 914. Lawyers Involved: Shamim Khaled Ahmed, Advocate instructed by Abu Siddique, Advocate-on-Rec..

Category: Civil Law | Date: | Hits: 104

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

....ncy Act, 1950 (XXVIII of 1951), section 96 If re-conveyance is made during the pendency of the pre-emption case in terms of a genuine agreement for re-conveyance, it would not be hit by the principles of lis pendens under provisions of section 52 of the Transfer of Property Act, 1882. &he...... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......to- Biswaswar Roy vs. Joytennessa and others,13 DLR 287; Shafi Khan vs. Mannujan Hussain and others, 35 DLR (AD) 225; Muzaffar Ali Bepari vs. Omar All and others, 1 BLC (AD) 25. Lawyers Involved: Harendra Nath Nandi, Advocate instructed by Md. Aftab Hossain, Advocate-o..

Category: Property Law | Date: | Hits: 67

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