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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. ......hman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 1. Not Represented - Respondent Nos. 2-5. Civil Appeal No. 52 of 1993. (From the judgment and order dated January 6, 1993 passed by the High Court Division, Dhaka in Civil Revision No. 954 of 19...... 127. ......; and that as there is no rule that 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 fro..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 ......; ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquittal into one of conviction in exercise of his power of review under Regulation 3(4) ......s also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Helaluddin Ahmed alias Swapan..................Petitioner-Appellant [Civil Appeal No. 51 of 1989] Md Nasim on behalf of his father Shawkat..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......ant. Nurul Huq, Senior Advocate (Khairul Haque, Advocate with him) instructed by AKM Shahidul Huq, Advocate-on-Record -For the Respondent. Civil Appeal No. 90 of 1993. (From the judgment and order dated 2.9.93 passed by the High Court Division, Dhaka in Civil Revision No. 2291 of 1990). ......y Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......trial Court. 6. In revision, defendant specifically submitted that in view of section 18 of the Premises Rent Control Ordinance, the trial Court committed an error of law by holding that the petitioner's lease was determined efflux of time and as such the SCC Judge committed an error by holding t..Category: Tenancy Law | Date: | Hits: 87
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. ......al No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Where there is no provision for appeal, and where under review the President has extensive power to make any order as he deems fit, a Government servant will be entitled to the remedy available to him under th......ant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder .............................Petitioner Vs. Secretary Ministry of Communication Roads and High Ways and Others …Respondent (In Civil Petition No. 346 of ............................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder .............................Petitioner Vs. Secretary Ministry of Communication Roads and High Ways and Others …Respondent (I..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 ......ocate-on-Record (In CP No. 318193) - For the Respondent No. 1. Not Represented -Respondents. Civil Petition for Leave to Appeal Nos. 251 and 318 of 1993. (From the judgment and order dated April 20, 1993 passed by the High Court Division in Appeal From Original Decree No. 77......e petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......hahabuddin 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). Vs. National Bank Limited and others ..................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 ......ourt with him), instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record. For the Respondent (in both the appeals). Civil Appeals Nos. 43 and 44 of 1993. (From the judgment and order dated 6 September 1992 passed by the High Court Division in FMA Nos. 695 of 1991 and 21......rt under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......started from 21 January 1983, it was suspended for 47 days from 2.2.83 to 20.3.83 due to a dispute arising between the appellants, BADC, and the Ministry of Land at whose instance the Deputy Commissioner, Faridpur, by applying Police Force, took over possession of the construction site. After pro..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 ......e-on Record - For the Respondent No. 1. Not represented -Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 2208 of 1993. (From the judgment and order dated 12.5.93 passed by the High Court Division in Writ Petition No. 749 of 1993). ...... petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ...... Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa. Kamal J Latifur Rahman J. Syed A Jalil .........................Petitioner Vs. Mahbub Alam (Babul) and others ........................Responden..Category: Election Law | Date: | Hits: 119
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ......nt Nos. 1-8, Chairman and Directors of its Managing Committee, elected for 3 years from 28.10.91 to 28.10.94, obtained as petitioners a Rule Nisi in Writ Petition No. 1351 of 1993, challenging the order dated 2.8.93 passed by respondent No. 12, District Co-operative Officer, dissolving the manag......petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Borhanuzzaman and others .................Petitioners Vs. Ataur Rahman Chowdhury and others .............................Respondents ..Category: Others | Date: | Hits: 89
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......Judgment and Order dated 31st October, 1993 passed by the High Court Division in Civil Order No. 3032 of 1993). Judgment ATM Afzal J.- Defendant-petitioner is seeking for leave to appeal from order dated 31 October, 1993, Civil Order No. 3032 of 1993 passed by a Division Bench of the High Co......tion has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......ivision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing Director....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....Respondent-Plaintif..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....tion as conferred by section 8B of the Act must be exercised before the payment of compensation and not after it. The second limitation is that such order of withdrawal must be done by a notification published in the official Gazette." One of us, Shahabuddin Ahmed J, as he was then, was a party ......gency Requisition of Property Act, 1948 (XIII of 1948), section 8B Natural Justice After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Ab......der appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......ary lease deed was executed and registered on November 2, 1962. As respondent No. 1 required some more lands it moved the Government and in LA Case No. 5 of 1959-1960, 1.24 acres of land was requisitioned and acquired for the respondent-company out of which .06 acres was later on derequisitioned. Af..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. ...... is dismissed. The Constitution of Bangladesh, 1972, Article 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Section 4 A Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act....... 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......o the Bank, that he prepared false credit reports for the benefit of so-called importers in utter disregard of his duties, that the whole transaction was collusively made for misappropriating Bank's money and that there was no violation of any law/rule or procedure in awarding the punishment of dism..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 ......p; Amirul Islam Chowdhury J : These three applications under section 561A of the Code of Criminal Procedure are directed against the orders dated 15.8.93 and 17.7.93 respectively passed by the Sessions Judge, Sherpur, Sessions Judg......de. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......Court Division (Criminal Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Mohammad Golam Rabbani J Mafizuddin and others....................Petitioners Vs. Alauddin and another............Opposite Parties [In Crl. Rev. No. 2..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-For the Respondent No. 2. Aminul Huq, Attorney-General, (Sharifuddin Chaklader, AAG with him)-For the Respondent No. 1. Criminal Appeal No. 1 of 1994. (From the judgment and order dated 21.11.1993 passed by the High Court Division in Criminal Revision No. 2054 of 1993). ......esent case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondents Judgment March 8th, 1994. La..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....ed on acquisition of land, alternative sites should be selected. In spite of the aforesaid decision of the Government the Deputy Commissioner, Dhaka, proceeded with acquisition of the case land and published the impugned notification on November 6, 1986 finally acquiring the case land. 3. The a......ate-on-Record-For the Appellant. (In Civil Petition No. 58 of 1993). Civil Appeal No. 20 of 1993 with Civil Petition No. 58 of 1992 & Civil Petition No. 58 of 1993. (From the Judgment and order dated November 28, 1991 passed by the High Court Division in Writ Petition No. 343 of 1987). ...... This Case is also Reported in: 46 DLR (AD) (1994) 63. ...... Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Respondents (In Civil Appeal No. 20 of 1993) Durul Alam Ahsania Madrassa …………Petitioner Vs. Subash Chandra Das & ors................Respondents (In Civil Petition No. 58 of ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....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. ......t Judgment November 29, 1993. Result: The appeal 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 inte......certainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ...... CJ.- This appeal by leave is from a judgment and decree of the High Court Division, dated 29 May 1991 in FA No. 7 of 1988, affirming that of the Subordinate Judge, Dhaka dated 30 September 1987, in Money Suit No. 270 of 1986. The short question raised in this appeal is whether the Court got power, ..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 ......e rent is payable; or unless the tenant has deposited such rent and any subsequent rent in respect of such premises as provided in section 19 together with the cost of transmission by postal money order to the landlord in the cases mentioned in clause (b) of sub-section (1) of that section. The ......re restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......ch the rent is payable; or unless the tenant has deposited such rent and any subsequent rent in respect of such premises as provided in section 19 together with the cost of transmission by postal money order to the landlord in the cases mentioned in clause (b) of sub-section (1) of that section...Category: Property Law | Date: | Hits: 79
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 ......by the learned Subordinate Judge. The learned Judges of the High Court Division, however, accepting the case of the respondents found it a fit case for restraining the appellants and so issued the order of temporary injunction. 3. Leave was granted to consider whether in view of the...... This case is also reported in: 46 DLR (AD) (1994) 51 ......ts 1, 2 and 20 filed OC Suit No. 336 of 1975 in the Court of the Subordinate Judge, Tangail for declaration of their title in the suit properties, claiming that the property originally belonged to one Ifrimoni Garoani and they were her great grand daughters through her daughter Midong. The suit ..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. ......n special consideration. The Corporation released him from service undertaking to pay all financial benefits. But then he came in writ to complain that the Corporation had no jurisdiction to pass the order of release. The High court Division accepted the contention and put him back in service. 2......der are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......re was no provision for releasing an officer from the service of the Corporation and as such the order itself was illegal and he undertook to withdraw the order and to justice to him. As nothing was done however, he filed an application on 1.11.89 and prayed for allowing him to resume his duty. A co..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....cumstances leading to the heavy damage to aircraft and vessels based at Chittagong during the cyclone of April 29, 1991; and some questions were raised in the parliament and press reports were widely published as to the cause of damage to naval vessels, the Government, in all fairness ought to have ...... A Wadud Bhuiyan, Additional Attorney-General, instructed by Md. Nowab Ali, Advocate- on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 78 of 1992. (From the judgment and order dated January 19, 1992 passed by the High Court Division, Dhaka in Writ Petition No. 64 of 199......ourt Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Rear Admiral AA Mustafa..........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Defence, Old High Court Building, Dhaka .................... Respondent Judgment ......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 ......ed, Senior Advocates instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents in both the Petitions. Civil Review Petition Nos. 14 & 15 1984. (From the Judgment and order dated 28.3.84 passed by this Court in Civil Appeal Nos. 31 and 32 of 1983). Judgment&n......ed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ...... Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Shilpa Rin Sangstha ……………..Petitioner [In both the cases] Vs. Haque Brothers (Carbide) Ltd. ………&..Category: Banking Law | Date: | Hits: 125
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