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Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)

..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......evious authorisation”  (Underlines are mine). This section has its source Article 2 of Convention No. 87 adopted by the International Labour Organisation in 1948 and ratified by (former) Pakistan. But the Ordinance, 1969 follows its own method of organisation of trade unions, which may..

Category: Labour and Industrial Law | Date: | Hits: 103

Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)

....med, CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 19......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ..

Category: Election Law | Date: | Hits: 106

Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)

....Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alfu Miah and others.......................... Appellants Vs. Government of the Peoples Republic of Bangladesh represented by the Deputy Commissioner Dhaka & others …………………â€......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..

Category: Limitation Law | Date: | Hits: 271

Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)

.... ...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..

Category: Administrative Law | Date: | Hits: 114

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......efore his arrest that called for the order of detention. In support of this contention, reliance is placed on the State of Bombay vs. Atma Ram Shridhar Vaidya AIR 1951 (SC) 157,Government of East Pakistan Vs. Rowshan Bijaya 18 DLR 214, Bangladesh Vs. Mohd. Abdur Razzak and another 43, Abdul La..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

....hat these industrial concerns, commercial firms and insurance companies are immediately put back into operation; Now, therefore, I, Syed Nazrul Islam, Acting President of the People's Republic of Bangladesh hereby authorise the Ministry of Commerce to take over the management of,......nd financial institutions under a "Buy Up" Agreement. Dr. Rafiqur Rahman has argued that at the relevant time Head Offices of these banks and financial Institutions were in the then West Pakistan region, and after Independence of Bangladesh, branches of those banks and financial instit..

Category: Property Law | Date: | Hits: 65

Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)

.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... Evidence Act. In the case of Muhammad Abdul Khaleque and others Vs. State reported in 12 DLR (SC) 165, the question of corroboration has been dealt with by their Lordships of the Supreme Comral of Pakistan in paragraph 2 wherein it was observed as follows: "In a case of this ki..

Category: Criminal Law | Date: | Hits: 66

Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)

....attar (Md) ............................Petitioner      Vs. Bangladesh, represented by the Secretary, Minis­try of Law & Justice, Government of the People's Republic of Bangladesh and others..............................Respondents Judgment ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ..

Category: Constitutional Law | Date: | Hits: 150

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

.... judgment. 2. On April 14, 1991 an Officer of the Bureau of Anti-Corruption, Dhaka lodged a First Information Report with the Motijheel Police Station against H M Ershad, a former President of the Republic, and his wife Raushan Ara Begum @ Raushan Ershad, M M Rahmatullah, the then Chairman of the......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..

Category: Anti-Corruption Laws | Date: | Hits: 302

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ....... The plan for the construction of the building was sanctioned in her name. The wife mortgaged the land to the Shilpa Bank of Bangladesh, the successor of the former Industrial Development Bank of Pakistan, for securing the house-building loan sanctioned by the Bank. All taxes, rates, etc. in re..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)

....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......School....................................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37, ‑15 DLR (SC) 139; Yusuf Ali Chowdhury Vs. Province of East Pakistan, 11 ..

Category: Property Law | Date: | Hits: 64

State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)

....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......nder the Special Powers Act, the learned Counsel argues, is discriminatory vis-à-vis the provision for trial under the ordinary law. In support of his contention be has referred to a decision of the Pakistan Supreme Court in the case of Waris Meah Vs. The State, PLD (1957), SC 157 and another decis..

Category: Criminal Law | Date: | Hits: 132

AHM Siddique Vs. State, 1993, 22 CLC (AD)

....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ...... the business of the appellate Court since a separate procedure has been laid down in the Cr.P.C for executing a sentence of fine. The learned Counsel has sought reliance from two decisions of the Pakistan Supreme Court, one reported in the case of Man Mahmud Ali Qasuri and others Vs. The State,..

Category: Criminal Law | Date: | Hits: 44

Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)

....is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......tructed by S, M Huq, Advocate-on-Record—For the respon­dent No. 1. Civil Appeal No. 40-D of 1970. (On appeal from the judgment and order of the erstwhile High Court of East Pakistan dated 19-4-67 in Civil Revision No. 704 of 1962). Judgment:   &nbs..

Category: Property Law | Date: | Hits: 50

Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......tructed by S.M, Huq, Advocate-on-Record—for Respondent.    Civil Appeal No. 78-D of 1968, (On appeal from the judgment and order of the erstwhile High Court of East Pakistan dated 14-2-67 in Civil Revision Case No. 811 of 1966. Judgment:   ..

Category: Property Law | Date: | Hits: 60

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

....stitution is granted” 2. In his application the appellant prayed before the High Court Division for a declara­tion that the recent agreement between the Governments of the People's Republic of Bangladesh and the Republic of India signed on the 16th day of May, 1974 by the Prime ......ther two cases relied upon by the respondents, namely, Member, Board of Reve­nue V Akhtar Khan and Sashi Bhusan V Asgar Ali related to certificate of fitness for appeal to the Supreme Court of Pakistan under Article 58(2) (a) of the Constitution of 1962. In the case of Member, Board of Reve..

Category: Constitutional Law | Date: | Hits: 716

Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)

....te­nance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......                 Ahsanuddin Chowdhury J.-This appeal by Special Leave is against a judgment of the erstwhile High Court of East Pakistan which set aside an order dated 28-2-68 passed by Mr. M S Ali, Magistrate. 1st Class, Dacca..

Category: Family Law | Date: | Hits: 146

Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)

....r. Mainul Hosein lastly attempted to support the order passed by the learned Judges of the High Court Division by refer­ence to the provision of article 109 of the Constitution of the People's Republic of Bang­ladesh. The learned Judges also held that the said article empowered them to i...... Officer, Chittagong, reported in 17 DLR 393. The question arose whether an appeal lies under section 408 of the Code from an order passed by a Magistrate, First class under section 12 of the East Pakistan Building Construction Act (Act II of 1953), which empowers the Magistrate to impose a fine..

Category: Criminal Law | Date: | Hits: 125

A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)

....ors Order was a still-born law inasmuch as it was promulgated by an authority not competent to do so. and that as such its inclusion in the first schedule of the Constitution of the People’s Republic of Bangladesh was also of no avail. Learned Coun­sel challenged the validity of the a......nd illegally postponed for an indefinite period. AND whereas instead of fulfilling their promise while still conferring with the representatives of the people of Bangladesh, Pakistan authorities declared an unjust and treacherous war AND whereas in the..

Category: Criminal Law | Date: | Hits: 53

Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)

.... of President's Order No. 5 of 19/2 (Inserted therein by  President's  Order No.  91 of 1972 promulgated on 3-8-1972) which was no doubt repealed by the Constitution of the People's Republic of Bangladesh, the appeal had abated on the expiry of the period of ninety days with effec......Mahmud Husain J M. A. Jabir J Halcyon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, re­presented by Collector of Chittagong ……&hell..

Category: Civil Law | Date: | Hits: 110