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

....upreme Court Appellate 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 & othe......(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 ……………………................. This case is also reported in: 45 DLR (AD) (1993) 112 ...... 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 ...... 6982 cartons of foreign cigarettes, 3 car air conditioners and other goods which were being carried illegally. It was alleged that neither the trawler CC Sea Hawk had any permission to enter into Bangladesh nor the goods which were found on board had valid supporting documents. The appellant and...... 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......llate Division (Criminal) Present: AM Rahman J ATM Afzal J   Mustafa Kamal J Latifur Rahman J Sompong.............Accused-Appellant Vs. State …..............Respondent Judgment January 18th, 1993. ..

Category: Criminal Law | Date: | Hits: 62

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

....: 45 DLR (AD) (1993) 108 ...... Court Appelate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Government of the People's Republic of Bangladesh ........................Appellant Vs. Abdul Motaleb Dewan and ors …...... ATM Afzal J Mustafa Kamal J Latifur Rahman J. Government of the People's Republic of Bangladesh ........................Appellant Vs. Abdul Motaleb Dewan and ors ……………………….Respondents ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Government of the People's Republic of Bangladesh ........................Appellant Vs. Abdul Motaleb Dewan and ors …………………&hel..

Category: Administrative Law | Date: | Hits: 114

Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)

....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......bsp;      ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Nazrul Islam …………..Appellant (In CA No. 28/92) Bangladesh House Buil­ding Finance Corporation ………………......9 & Appellants in CA No. 29192). A Wadud Bhuiyan, Additional Attorney-General- Amicus curiae. Civil Appeal No. 28 of 1992 & Civil Appeal No. 29 1992. (From the Judgment and order dated September 19 1991 of the Administrative Appellate Tribunal passed in Administrative......;……..Appellant (In CA No. 28/92) Bangladesh House Buil­ding Finance Corporation …………………..Appellants (In CA No. 29/92) Vs. Bangladesh House Building Finance Corporation.................Respondents (In CA No. 28/..

Category: Administrative Law | Date: | Hits: 100

Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)

....sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......ivil) Present: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Latifur Rahman J. Serajul Islam .................................Petitioner Vs. Bangladesh Consumer's Supply Company Ltd. and another .............Respondents Judgment ......med, CJ MH Rahman J ATM Afzal J Latifur Rahman J. Serajul Islam .................................Petitioner Vs. Bangladesh Consumer's Supply Company Ltd. and another .............Respondents Judgment August 16th, 1990.  Lawyer......n (Civil) Present: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Latifur Rahman J. Serajul Islam .................................Petitioner Vs. Bangladesh Consumer's Supply Company Ltd. and another .............Respondents J..

Category: Labour and Industrial Law | Date: | Hits: 79

Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)

.... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment ......J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December ......l J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers Involved: ......Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents ..

Category: Administrative Law | Date: | Hits: 122

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

..... The detenu's terrorising activities were cruel and barbarous. He himself gouged in public both the eyes of one Kawsor Molla. Keeping himself inactive for some time after the fall of former Ershad Government the detenu has resumed his various anti‑social and terrorist activities and is cau...... (Civil) 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. ......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...... Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 3..

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 ...... Ara Begum & ors. Vs. Mosammat Anowan Begum & others, 37 DLR I54; Nelly Zaman Vs. Giasuddin Khan, 34 DLR (AD) 221; Shafique Mia Vs. Meherunnessa and another CP No. 10 of 1974 (digested in Bangladesh Supreme Court Digest, Vol. 1, page 236); 37 DLR 154. Lawyers Involved: K...... 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......ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others..

Category: Property Law | Date: | Hits: 85

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

.... Present: Shahabuddin Ahmed CJ MH Rahman 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...... ......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.........Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engineer­ing Corporation, represented by its Secretary………….. Appellant [In CA No.40 of 1991] Vs.  Dhaka Steel Works Ltd & others ………...................Resp..

Category: Property Law | Date: | Hits: 65

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

....ur Rahman J. Abdus Sattar (Md) ............................Petitioner      Vs. Bangladesh, represented by the Secretary, Minis­try of Law & Justice, Government of the People's Republic of Bangladesh and others..............................Responde...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sattar (Md) ............................Petitioner      Vs. Bangladesh, represented by the Secretary, Minis­try of Law & Justice, Government of the Pe......................Petitioner      Vs. Bangladesh, represented by the Secretary, Minis­try of Law & Justice, Government of the People's Republic of Bangladesh and others..............................Respondents Judgment March 31, 1993. ......esent: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sattar (Md) ............................Petitioner      Vs. Bangladesh, represented by the Secretary, Minis­try of Law & Justice, Government..

Category: Constitutional Law | Date: | Hits: 150

Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)

....rom this Court on 27.3.91 against the judgment and order of the High Court Division, but during the pendency of the appeal all commercial activities of the appellant- Bank BCCI were stopped by the Government of Bangladesh with effect from 20.8.91 in exercise of powers under section 77(2) of the ...... on 27.3.91 against the judgment and order of the High Court Division, but during the pendency of the appeal all commercial activities of the appellant- Bank BCCI were stopped by the Government of Bangladesh with effect from 20.8.91 in exercise of powers under section 77(2) of the Banking Compan...... 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...... Mustafa Kamal J   Latifur Rahman J.   Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant   Vs.   Tajul Islam Chowdhury and another……………...

Category: Labour and Industrial Law | Date: | Hits: 100

Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

....ral power of "direction, control and superintendence" over all matters relating to election for Union Parishads. 2. Elections of Union Parishads are held by the Election Commission under the Local Government (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads......t (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Article 118 of the Constitution of Bangladesh. Article 119(1) of the Constitution describes the functions of the Election Commission re...... 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 ..........................Division (Civil) 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 ...

Category: Election Law | Date: | Hits: 117

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

....dge has the exclusive jurisdiction to take cognizance of the offence under the Prevention of Corruption Act punishable under section 5(2) of the Act 11 of 1947. In State represented by the Solicitor, Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and ......ake cognizance of the offence under the Prevention of Corruption Act punishable under section 5(2) of the Act 11 of 1947. In State represented by the Solicitor, Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and another 44 DLR (AD) 215 this Court reâ€......ushan Ershad ....................Petitioner [Criminal Petition No. 118 of 1992] Abdus Shukur Prodhan ..........................Petitioner [Criminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitio.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitioner [Criminal Petition No. 121 of 1992] Abdul Wadud Khan .... Petitioner [Criminal Petition No. 122 of 1992] Vs. State…………. Respondent [In all Petitions] Judgment November 26, 1992. Lawyers..

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

Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)

....t Appellate Division (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, ......ate Division (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.  ......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 ......upreme Court Appellate Division (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 Jan..

Category: Administrative Law | Date: | Hits: 125

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 ......dlock. The wife is the owner of the'  ‘A’ schedule land. 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 h......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 ......Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1962..

Category: Property Law | Date: | Hits: 80

Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)

.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......il) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents Judgment A......ellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed, by Abul Quashem Bhuiyan, Advocate- on - Record -For the Respondents. Civil Appeal No. 51 of 1990. (From the Judgment and Order dated 10 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 160...... Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents ..

Category: Criminal Law | Date: | Hits: 71

Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)

....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......il) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Baten................Petitioner Vs Abdul Latif Sheikh and others....................Respondents Judgment December 1st, 1992. Cases R......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..

Category: Property Law | Date: | Hits: 56

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

....ase is also reported in: 45 DLR (AD) (1993) 23 ......ported in: 45 DLR (AD) (1993) 23 ...... of East Pakistan, 11 DLR (SC) 316; A. Roberio Vs. Labour Appellate Tribunal, 27 DLR 98; 9 DLR 674; 13 DLR (SC) 139; 16 DLR (SC) 281; Hashem Ali Howlader & others Vs. Province of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Latifur Rahman J Government of Bangladesh .............................Appellant. Vs. Shakhipur Islamia High School....................................Respondent Judgm..

Category: Property Law | Date: | Hits: 64

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

....the Pakistan case, Foreign Exchange Regulation (Amendment) Act, 1956 was declared unconstitutional in that this Act by adding Sections 22A, 23A and 23B to the original Act gave power to the Executive Government to determine whether an offender was to be tried under the ordinary law, or by an Adjudi......What I find is that it is neither a case of mis-joinder of charges nor a case of trial without jurisdiction. The offence allegedly committed by the respondent is the offence of smuggling of gold into Bangladesh. Smuggling particularly of gold has been defined in the Special Powers Act and this defin......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....... ..

Category: Criminal Law | Date: | Hits: 132

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

....ding on 7.7.62 taking recourse to section 88 A of the Bengal Tenancy Act. Section 88 A of the Bengal Tenancy Act runs thus:— ''88A. Sub-division of holding.- where the Provincial Government is the sole landlord.— (1) Notwithstanding anything contained in sectio......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. ......ip;……………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others……………………………&...... J Begum Asia Rahman………………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others…………………&..

Category: Property Law | Date: | Hits: 60