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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 ...... (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Secretary of Aircraft Engineers of Bangladesh and anr ……………Appellants Vs. Registrar of Trade Uni......amely, (i) Bangladesh Biman Ground Services and (ii) Bangladesh Biman Flying Services. He asked the seven registered trade unions of the Biman to submit their documents to his office for obtaining proper registration certificate. The Resistrar then caused a Notification to be published in the Ba....... 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 ..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ...... also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......e "Kha" schedule land he was served with notice dated 20.5.78 from the office of the Sub‑Divisional Officer, Natore to show cause why the suit land should not be declared as vested and non-resident property in DP case No. 33 of 1978, that the plaintiff filed OC Suit No. 630 of 1979 challenging the......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..Category: Procedural Law | Date: | Hits: 111
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....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 ...... This case is also reported in: 45 DLR (AD) (1993) 112 ......e without producing the relevant documents on the basis of which relief is sought for. The Court is bound to apply its mind with reference to the pleadings and satisfy itself as to what should be the proper proof for passing a decree on the basis of the averments made in the plaint. It appears to us......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
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ...... Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989......cluded, the Court may make such order as it thinks fit for the disposal (by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof or otherwise) of any property or document produced before it or in its custody or regarding which any offence appears t...... 13. The seized goods are admittedly with the customs having been initially seized under section 168 of the Customs Act. The Customs authorities have their own powers under the said Act for adjudication in respect of the goods seized by them. The customs department is not a party to the p..Category: Criminal Law | Date: | Hits: 62
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 ......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy......man activities went up to uprooting of two eyes of Kawsor Molla. Hence we hold that the said ground, although it is mixed up with some past activities of the detenu and some facts about him, is a proper ground of detention which is based on sufficient materials." 8......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 ..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ...... Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others...........Respondents Judgment January 20th, 1993. Cases Referred......ts, submits, on the other hand, that there are no factual foundations laid by the appellant in his evidence as to whether Amalendu Dev, the allegedly left-out co-sharer, was a necessary party or a proper party. So even on a consideration of the procedural law under Order 1, rule 3 or Order IF ru......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....the President's Secretariat took a decision to the effect that "abandoned properties, movable or immovable, should not be released, leased out or disinvested till the work of the said Cell is completed". As per queries of the said Co‑ordination Cell the Ministry of Home Affairs c......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin......t proposed to be delivered by my learned brother Mustafa Kamal, J. As I find it difficult to agree with him on two main questions I am giving this Judgment separately. The questions are whether the property of Respondent No. 1 is an abandoned property and, even if it were not an abandoned propert......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....abits is itself a past and closed affair then all the charges taken together become a mere parade of past misdeeds. They are not a current offence, but a catalogue of past events, The Labour Court completely lost sight of this fact and the High Court Division failed to apply its mind to this asp...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant V......tself, upon a misconception of both law and fact, in holding the above. 17. Mr. Rafique-ul-Huq learned Counsel for the appellant submits that the first three charges are in fact not charges proper but are in the nature of spelling out the 'habitual' character of the respondent's delinquen......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....h of these appeals a dispute as to the result of election for the office of chairman of six Union Parishads has been raised. On conclusion of election, counting of votes by the Presiding Officers was completed and declaration of result by the Returning Officers was made and notification of the resul...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin .......................... votes, the Election Commission must follow them and that in the absence of any such rules or where rules or statutes are silent on any matter, then only the Election Commission has got power to take proper steps and further that the general power of "superintendence, control and direction" is meant......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....se the Allahabad High Court in AIR 1966 Allahabad p. 221 after considering AIR 1954 (SC) p. 194 and AIR 1961 Allahabad 326 held "a judgment which has been orally dictated in open Court can be completely changed before it is signed and scaled provided notice is given to all parties concerne......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993. Cases ...... “If a statute is passed for the purpose of enabling something to be done, but omits to mention in terms some detail which is of great importance (if not actually essential) to the proper and effectual performance of the work which the statute has in contemplation, the courts ar......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
.... house on the suit land. After taking loan from the Shilpa Bank and other Banks and Insurance Companies, the appellant spent about taka six lacs in constructing the three‑storied building and completed the construction by 1980. 4. The respondent denied granting of any licence t......n Vs. Jansen [1965] 3 All. ER 363 ; Pettitt Vs. Pettitt [1969] 2 All E.R. 385; KK Das Vs. Amina Khatun, AIR 1940 Cal. 365; Thakoor Chunder Poramanick Vs. Ramdhon Bhuttacharjee. 6 Suth WR 228 (1713) and Ramsden Vs. Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo ......ondi under JL No. 724 (part) old and new No. 2053 (part) and I have no objection if any loan is sanctioned/disbursed for this purpose. Further. I declare that I have mortgaged the said property in favour of IDBP and executed the required documents. Sd, Hameeda Banu (Mrs. Hameeda, Ra...... accept a judgment of the trial Court without testing it on appeal or in revision in higher courts. 37. Considering the vagaries of legal proceedings and the technicalities involved in adjudication, Art. 104 of the Constitution has invested as a measure of abundant caution, the last..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
.... and preventive measures taken to maintain peace where disputes as to immovable property are involved do not stand on the same footing. But even when criminal prosecution is involved, a suit is not completely barred. In AIR 1942 (Mad) 716, various decisions from English Courts were cited and it...... Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992......he judgment and order of the High Court Division dated 12.5.91. 4. The appellant Jobeda Khatun filed the suit with the averments, inter alia, that she is the owner in possession of the suit property which is a town property. Defendant Nos. 1‑5, of whom defendant Nos. 1 and 2 are dea......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..Category: Property Law | Date: | Hits: 81
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......abuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another.......................... Respondents Judgme......the accused paid Tk. 23,88,378.62, leaving a balance of Tk. 4,05,482.97. The accused promised that he would pay the balance by the end of Chaitra (corresponding to middle of April 1999) "after proper accounting". Allegation against the accused is that he, after taking time on several o......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawye......Tk. 1000.00 as costs to defendant No, 1. 3. Defendant No. 1 unsuccessfully took a revision before the High Court Division, which took the view that the prayer of the plaintiff was allowed on proper appreciation of the matter on record. 4. Defendant No. 1 now seeks leave to appeal f...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....he trial Court and referred to above, which proved beyond reasonable doubt that the handbag in question belonged to and was brought by the respondent himself. 30. The High Court Division not only completely ignored this vital aspect of the evidence, but went on to depict the customs officers' (P......ate-on- Record-For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the Respondent. Criminal Appeal No. 19 of 1990 (From the judgment and order dated 10.11.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 558 of 198......dgment Shahabuddin Ahmed CJ.- I have gone through the judgment proposed to be delivered by my learned brother Afzal, J. I agree that acquittal of the respondent by the Appellate Court is highly improper and that this appeal by the State should be allowed. 1, however, like to add a few words in c......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. ..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 ......so reported in: 45 DLR (AD) (1993) 8 ......n four instalments within the specified dates failing which his bail shall stand cancelled and he shall be taken into custody". We held that the order for conditional bail was illegal and not proper. In the instant case we find no reason to alter our view taken in that case. Mr. B Hossain l......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 ..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. ...... Muhammad Abdullah Jabir J Abdul Hamid Kazi…………………………….Appellant Vs. Abdul Jabbar Jamadar and others……………………….Respondents ......udgment of the High Court, the appellant filed this petition for special leave to appeal and leave was granted to consider whether the High Court was justified in taking the view that there was no proper application for setting aside the abatement. 4. Mr. Mia Abdul Gafur, the learned Coun......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. ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....rdingly contended by Mr.T.Ali that the present case must be governed by section 96 of the State Acquisition Act. The right conferred under section 96 of the State Acquisition Act is completely different from section 26F of the Bengal Tenancy Act. The broad difference between ......ip;……………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others……………………………&......the coming into force of Part V of the State Acquisition Act. It further held that the application for pre-emption was not bad for defect of parties since the added parties are mere proper parties and not necessary parties The trial Court allowed the application upon arriving at a......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. ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....t of the Republic of India, “Bearing in mind the friendly relation existing between the two countries, "Desiring to define more accurately a certain points and to complete the demarcation of the land boundary between Bangladesh and India, "Have a......ayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another …………………………Respond......as subject to control by the High Court. In his supporting judgment Sajjad Ahmed Jan, J added that the grant of a certificate of fitness for appeal was judicial function, which should be performed properly with the care and certitude of a judicial mind and not as a mechanical act; and further sh......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....he accused to police custody under section 167 of the Code and the question arose whether legal adviser should be allowed to have access to the accused until the police investigation is complete upon a consideration of the provision of section 340 of the Code, which allows the ......citor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M. Ali Akbar and others.....................Respondent Judgment March 7, 1974. Cases Ref......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
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