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Coal Controller, GovernÂment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......ve is from the Judgment and order passed by the High Court Division dated 3.3.93 in Civil Revision case No. 370 of 1993, discharging the Rule. 2. Respondent Ventura Industries Ltd, filed an application under Section 8 of the Arbitration Act, 1940 before the 3rd Court of Subordinate Judge,..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....it was decreed. Against this ex parte decree, an appeal was filed and the appellate Court below by its order dated 7.2.75 allowed the appeal, and sent the case back on remand to the trial Court for fresh trial after accepting the written statement filed by the defendant earlier. 4. On Sec......to the High Court Division by the plaintiff, the learned Single Judge affirmed the order of the court of appeal below and while doing so observed that the trial Court ought to have entertained the application under section 151 of the Code, and on that question dilated at some length in the Judgm..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......; Shahabuddin Ahmed CJ.- In this appeal by special leave, the short question is whether the High Court Division applied its judicial mind while summarily rejecting an application by the accused-appellants under section 561A Cr.P.C., which sought to quash their ..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......ay be stated as follows: The appellant, who is the plaintiff, instituted the suit for declaration of his title simpliciter. Before institution of the suit as the first party he had filed an application before the Sub‑divisional Magistrate, Sadar Noakhali, who drew up a proceeding un..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......from this Division contending that the respondents 1-6 have no locus standi to apply for pre-emption inasmuch as their predecessor in‑interest Sadat Ali Kari himself did not choose to file an application for pre‑emption although he was alive till then. 4. The question raised i..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......d and had excavated foundation of a pucca wall thereon without keeping any vacant space between the two plots. 3. On the very date of filing the suit, i.e. on 11.10.89 the plaintiff also filed the application for temporary injunction and on the same date a Pleader Commissioner was appointed for l..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......to the new landlords. Allegation of the tenant is, that the new landlords purposely avoided receipt of the money order by constantly remaining absent from their houses. Thereupon, the tenant filed an application before the Rent Controller within the prescribed time to deposit the rent. But upon an o..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......No. 83(F) of 1990. Petitioner did not challenge this condonation. Respondent then filed an appeal‑FAT No. 206 of 1990‑in TS No. 169 of 1981 also, after a delay of 576 days, and on their application under section 5, Limitation Act, the High Court Division, by the impugned order, condo..Category: Property Law | Date: | Hits: 101
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......ion, Chittagong Bench in Civil Revision Nos. 1420 to 1423 of 1997). Judgment: MH Rahman J.- The appellants filed four different applications for pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court ..Category: Property Law | Date: | Hits: 72
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....nt Act, 1990 was not violative of Article 38 of the Constitution, all the writ petitioners, except the appellant in CA No. 16 of 1993, have obtained leave to appeal from this Court and have urged a fresh consideration of these issues. The appellant in CA No. 16 of 1993 has supported the Registra......of trade unions under the Trade Unions Act, 1926, trade unions formed by the specialised professionals of an industry perfectly fitted in with the statutory pattern, which is not the case in their application to the Ordinance, 1969. Under the latter, a trade union's registration is contingent up..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....tiff filed OC Suit No. 630 of 1979 challenging the said proceeding in the court of the Assistant Judge, Natore, proceeded with the said suit till 2.2.1983, then withdrew the same with liberty to sue afresh and thereafter filed the present suit. &n......M Afzal J.- This appeal by leave is from an order, Civil Order No. 7174 of 199 1, dated November, 1991 passed by a Division Bench of the High Court Division, Dhaka summarily rejecting the appellants' application under section 115 of the Code of Civil Procedure filed against the order dated 9.10.90 p..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......lant-Pre‑emptor is the owner of A No. 2575 of Mouza Alipur. Some portion of Plo Nos. 2574 and 2573 were transferred by their own under a kabala dated 3 June 1976, whereupon appellant filed an application under section 96 of the State Acquisition and Tenancy Act before the Munsif, Faridpur, ..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
.... avail himself of the opportunity to appear, the Court may proceed in his absence under rule 6(1)(a) of Order IX. There being no mandate as such to make an 'ex parte', decree, the Court may order for fresh service of summons on the defendants or adjourn the matter suo motu. If the Court is satisfie...... and other respondents for permanent injunction in respect of CS Plot Nos. 11, 32 and 37 of SC Khatian No.139 of Mouza Nandanbag, PS Keraniganj. The suit was decreed ex parte onJanuary 9, 1970. On an application by the Government the ex parte decree was set aside and the suit was restored to its fil..Category: Limitation Law | Date: | Hits: 271
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
.... any success. The Administrative Appellate Tribunal allowed the appeal and held that from the charge sheet it was not clear for which specific charge the employee was responsible and ordered for a fresh inquiry on a fresh charge sheet for ascertaining the employee's specific guilt. It was furthe......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 ..Category: Administrative Law | Date: | Hits: 100
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... preventive measure survives, and that the acquittal was on technical ground, or on benefit of doubt or due to the witnesses' refusal to tell the truth for fear of reprisal from the accused or that fresh evidence that has been discovered would have secured a conviction, if produced. 25. O...... Constituent Assembly that framed the Constitution suffered detention under different laws of preventive detention before 1972. There was strong public opinion against the detention laws and their application. It was not surprising that there was no provision for preventive detention in the Cons..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 ...... and thereby setting aside the Judgment and order of the learned Subordinate Judge, 1st Court, Chittagong dated 25.5.78 in Miscellaneous Case No. 274 of 1976 dismissing the pre-emptor-respondents' application for pre‑emption under section 24 of the Non-Agricultural Tenancy Act, seeking to ..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....is a basis of challenge which is available to the respondents in spite of the bar of Article 10(1A). 82. With regard to Article 4(1), as introduced by Ordinance No. XXV of 1976, there is a fresh vesting without any further proceeding or formality. But this vesting is also very much depen......‑72 the APO dated 30 December was cited by mistake due to over‑sight. This explanation appears to be quite reasonable. When the law (APO No. 1 of 1972) was there and the conditions for application were fulfilled the mere citing of the repealed law will not bring the application withi..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)
....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 ......ellant- 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 Companies Act, 1991. Eastern Bank Ltd. has filed an application for substitution in place of the appellant stating that the BCCI is not now in existenc..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....lenged the orders of the Election Commission in six separate writ petitions taking the ground that when election was held peacefully and no disturbance resulting in the stoppage of poll and requiring fresh poll was reported by the concerned authorities, the Election Commission had no jurisdiction to......ly and no report has ken made about any disturbance or rigging by the Presiding Officer or the Returning Officer, then the Election Commission has no power to interfere, cannot be taken for universal application. If, for instance, the total number of votes cast in a Centre exceeds either total numbe..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....taken cognizance of the offence only under section 5(i)(d) of the Act, the learned Special Judge had no jurisdiction to frame a further charge under section 5(i)(c) of the Act which amounts to taking fresh cognizance of another offence which he was not authorised to take. The order of the Senior Spe......ich are necessary for supporting the points sought to be made out have been annexed with it. 16. The five other petitions are directed against the High Court Division's orders, passed on different applications, refusing to quash the proceeding under section 561A of the Code of Criminal Procedure...Category: Anti-Corruption Laws | Date: | Hits: 302
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