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Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
....hamsul Alam, DAG instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 2 Respondent No. 1-Ex parte. Civil Appeal No. 78 of 1990. (From the Judgment and order dated 19th June, 1988 passed by the High Court Division in Writ Petition No. 1174 of 1988). ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik Advocate-on-Record-For the Respondent. Criminal Appeal No. 2 of 1990. (From the Judgment and order dated 8th May, 10 passed by the High Court Division, Barisal Bench in Criminal Appeal No 88 of 1985......n Alauddin Molla & ors Vs. State and others 40 DLR (AD) 282. "There cannot be any objection in law to the two cases being heard by separate judges but it has been held in many decisions of the High Court (vide 13 DLR Dhaka 414) that it is desirable that a case and a cou..Category: Criminal Law | Date: | Hits: 40
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
..... (In all the appeals). Abdul Basel Mujumder, Advocate-on-Record- For the Respondent. (In all the appeals). Civil Appeal Nos. 7 to 10 of W91. (From the Judgment and order dated 29th January, 1986 passed by the High Court Division, Chittagong Bench in Civil Revision Nos....... 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 ..Category: Property Law | Date: | Hits: 72
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....h him), instructed by Sharifuddin Chaklader, Advocate-on-Record-For Respondent No. 3. (In CA No. 18 of 1993). Civil Appeal Nos. 14‑18 of 1993. (From the Judgment and order dated 14.7.92 passed by the High Court Division in Writ Petition Nos. 1311,1923, 1924 and 2648 of ......te arises as to whether any two of more establishments are under the same employer or whether they are allied to or connected with one another for the purpose of carrying on the industry, the decision of the Registrar shall be final." 4. By Section 5 of the Amendment Act. 199..Category: Labour and Industrial Law | Date: | Hits: 103
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....e-on-Record -For the Respondent Nos. 1‑6 Respondent No. 7-Ex parte Respondent Nos. 8-18-Not represented Civil Appeal No. 30 of 1988. (From the Judgment and order dated 4.7.85 passed by the High Court Division, Dhaka in Civil Revision No. 84 of 1983). Jud...... confirmed in appeal by the Subordinate Judge. But in revision, as stated above, a learned Single Judge of the High Court Division reversed the finding in respect of Plot No. 2573 and modified the decision of the courts below and allow pre‑emption only in respect of Plot No. 2574 which he ..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
...., instructed by Md. Aftab Hossain, Advocate-on-record -For Respondent No. 5. Ex parte - Respondent Nos. 1-4, 6 and 8. Civil Appeal No. 34 of 1992. (From the Judgment and Order dated 4.5.92 passed by the Hich Court Division in Writ Petition No 1454 of 19921) Judgment:......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)
....Respondent Nos. 1-3 and 5-7. Mvi. Wahidullah, Advocate-On-Record-For Respondent No. 8. Not represented‑Respondent Nos. 4, 9-12. Civil Appeal No. 54 of 1991. (From the Judgment and order dated 11. 12.89 passed by the High Court Division in Civil Revision No. 381 of 1985). Judgment: ......he High Court Division erred in law in interfering in the matter when there is nothing on record to show that the Courts below appeared to have committed any error of law resulting in an error in the decision occasioning failure of justice. 6. In Bangladesh Vs. Abdul Wadud and ors 25 DLR (SC) 90 ..Category: Limitation Law | Date: | Hits: 271
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....e-on-Record- For the Respondent No. 1. Not Represented - Respondent Nos. 2‑4. Civil Appeal No. 74 of 1992 & Civil Appeal No. 32 of 1993. (From the Judgment and Order dated 28th May, 1992 and 11th August 1992 passed by the High Court Division in Administrative Appel......t by way of penalty amounts to removal from service, the respondents are also entitled to protection under Article 135 of our Constitution. The Indian Supreme Court held similar view in a number of decisions in interpreting the corresponding Article 311 of the Indian Constitution in Shyamlal Vs. ..Category: Administrative Law | Date: | Hits: 114
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
.... Advocate-on-Record -For the Respondent No. 1. M Nowab Ali, Advocate-on-Record - For the Respondent No. 2 (State). Criminal Appeal No. 22 of 1987. (From the Judgment and order dated 16.3.86 passed High Court Division, Chittagong in Criminal Revision No. 53 of 1984). J......e ambit of the expression "falsely charges any person" as used in section 211 of the Penal Code." 6. The learned Judges in support of the above proposition relied on some decisions of the Calcutta High Court, namely Haibat Khan, ILR 33 Cal. 30; Tayabullah ILR 43 Cal. 1..Category: Criminal Law | Date: | Hits: 40
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....Bhuiyan, Additional Attorney-General, with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No. 1 of 1992 (From the Judgment and order dated 17‑12‑1 passed by this Court in CPLA No. 292 of 1991). Judgment: &nb......ing the country and the administration provided unlimited power to him; nothing was beyond his jurisdiction and further no court could declare his order to be without jurisdiction. Accordingly the decision of the Tribunal was set aside. 4. Leave to appeal from the Judgment of the Appellat..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....fuddin Chaklader, Assistant Attorney-General, with him) instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondents. Civil Appeal No. 18 of 1992. (From the Judgment and order dated 2nd March, 1992 passed by the High Court Division, Dacca in Writ Petition No. 1883 of 1991). ......is liable to be set aside as it is based on some alleged activities of the detenu which are not at all proximate to the date of order of detention. In this regard reliance is placed on a number of decisions of the Indian Supreme Court. In Sk. Serajul Vs. State of West Bengal 1975 2 SCC 78 the or..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)
....vocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For Respondent No. 1. Respondents Nos. 2-10-Ex parte. Civil Appeal No. 12 of 1988 (From the Judgment and Order dated 25.11.85 passed by the High Court Division in First Miscellaneous Appeal No. 203 of 1978). ......y and justice, found that the pre-emptor-respondents did not come to the Court with clean hands, the trial Court in the present case held that its finding could operate as res judicata, the earlier decision being not only on maintainability but also on merit. The High Court Division held that th..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
.... - For the Respondent No. 2 (In CA 40 of 1991). Respondent Nos. 1, 3-6 - Not Represented (In CA 40 of 1991). Civil Appeals Nos. 31 and 40 of 1991. (From the Judgment and order dated 5th March, 1991 passed by the High Court Division Dhaka in Writ Petition No. 365 of 1987). ...... respondents if they could establish their claim that they are owners of the majority shares thereof. At one stage, during a short-lived amendment of Article 10(l), Government also took a tentative decision to release the enterprise but did not proceed further. Thereupon the respondents filed the..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)
....Division in Writ Petition No. 431 of 1989). Judgment: Mustafa Kamal J.- This is respondent -Bank's appeal by leave from the judgment and order of the High Court Division dated 14.2.91 in Writ Petition No. 431 of 1989 making the Rule absolute. The petitioner in the wri......k under section 77(4) of the said Act. 3. Mr. Rafique‑ul Huq, learned Counsel for Eastern Bank Ltd, submits on instruction from his client that Eastern Bank Ltd. will be bound by the decision in this appeal as it has submitted to the jurisdiction of this Court by a voluntary substi..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....Appeal No. 64 of 1992). Not represented-Respondent Nos. 5-9 (In Civil Appeal No. 64 of 1992). Civil Appeal Nos. 35, 43, 53, 54, 55, 56, 57, 58, 59 and 64 of 1992 (From the judgment and order dated 6.7.92, 9.7.92, 8.7.92, 9.7.92 and 30.6.92 passed by the High Court Division in Writ Petition ......arned Counsel has added. 5. The question before us is not a new one. On several occasions in the past this question was raised and this Court after considering all aspects of the matter gave clear decisions. Reference has been made to A F M Shah Alan: Vs. Mujibul Huq and others, 41 DLR (AD) 68 an..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
...., Senior Advocate, instructed by Md. Aftab Hossain Advocate -on-Record-For the Petitioner (In Criminal Petition No. 122 of 1992). Criminal Petition No. 117 of 1992. (From the judgment and order dated 23rd September, 1992 passed by the High Court Division in Criminal Revision No. 657 of 1992). ...... Court Division erroneously held that the petitioner illegally inserted a clause in paragraph 20 of the Lease Deed exempting the precondition of a construction before transfer, overlooking an earlier decision of the Board of Trustees dated September 2, 1986 that had waived the condition for prior co..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....Ahmed, Advocate-on -Record -For the Respondent No. 1. Miah Abdul Gafur, Advocate-on-Record -For the Respondent No. 2. Civil Appeal No. 25 of 1992. (From the judgment and order dated June 19, 1991 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 34 of 1988......ppeal. It was noted in the order sheet that the judgment would be in a separate sheet. 5. On June 15, 1989 on the submission of the learned Advocate of respondent No. 1, the Government, the decision dated June 12, 1989 was recalled and the appeal was fixed for re-hearing on June 19, 1989...Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....AJ Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Respondent. Civil Appeal No. 7 of 1990. (From the judgment and order dated 8.8.90 passed by the High Court Division, Dhaka in First Appeal). Judgment: ......e wife in normal course of relationship gave licence to the husband to construct the building. It is asserted that in the facts of the case the licence cannot be revoked. Reliance is placed on two decisions of the Allahabad High Court. In Hafiz Manzoor vs. Md. Abdul AIR 1933 All. 842 Sulaiman C...Category: Property Law | Date: | Hits: 80
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....der, Advocate-on-Record- For the Respondent No. 1. Not Represented - Respondent Nos. 2 ‑3. Civil Petition for leave to Appeal No. 66 of 1989. (From the Judgment and Order dated 1st December, 1988 passed by the High Court Division, Barisal Bench in Civil Revision No. 125......standing the fact that an appeal is provided under Order 43 rule 1 CPC from such an order. 3. The contention has been fully answered in the negative in the impugned judgment on the basis of decisions of the Dhaka High Court beginning from PLD 1953 (Dhaka) 183 and as followed later on in t..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....by Sharifuddin Chaklader, Advocate-on-Record -For the Respondent Nos. 1-8. Not Represented ‑Respondent No. 9. Civil Appeal No. 48 of 1991. (From the Judgment and Order dated 12.5.91 passed by the High Court Division in Civil Revision No. 407 of 1985). Judgment......egarding the fide and ownership in respect of any property. When the matter has come to the civil Court for deciding the title and ownership of suit property I think it is the proper forum to make decision in this respect. Hence I am of the opinion that the suit is not barred by any law". ..Category: Property Law | Date: | Hits: 81
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