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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 ......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 ...... Quazi Nazrul Islam................………………………….Respondent (In CA No. 29/92) Judgment April 22nd, 1993. Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocat..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......l AIR 1979 (SC) 777; & AIR 1934 Md. 175; AIR 1948 All 184 (FB) AIR 1921 Pat 302; AIR 1941 (Bom) 294 JD Boywalla Vs. Sorab Rustomji Engineer & Abdur Rahman Vs. State 29 DLR (SC) 256. Lawyers Involved: A Basel Majumder, Advocate-on-Record –For the Appellant. AF ..Category: Criminal Law | Date: | Hits: 40
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 ......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 ...... .................................Petitioner Vs. Bangladesh Consumer's Supply Company Ltd. and another .............Respondents Judgment August 16th, 1990. Lawyers Involved: Syed Ameerul Islam, Advocate, Supreme Court, instructed by Sharifuddin C..Category: Labour and Industrial Law | Date: | Hits: 79
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......lip;…………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers Involved: Moinul Hoque, Advocate, instructed by Md. Aftab Hossain, Advocate-o..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....als must have a rational nexus with the order and are not extraneous to the purpose of the Act, and that the alleged activities are to be proximate to the date of order of detention. However, these principles cannot be applied like litmus papers, used as indicators in an acid test. In a p......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 ......Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on..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 ......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 ...... 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: Khandaker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Sajjadul Hu..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....2(1) (ii). 40. In an expropriatary legislation where by mere rule of thumb a property eschews to the State, the expropriating authority will be bound by its own stand. Also it is a cardinal principle of interpretation of expropriatary statutes that it should be strictly construed. The sco......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 ......h, 1992. Cases Referred to- Palani Goundan Vs. Peria Goundan AIR 1941 (Mad) 158; The State of Madhya Pradesh & others Vs. Vishnu Prasad Sharma and ors. AIR 1966 (SC) 1593. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate..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 ...... 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 ......udgment January 5th, 1993. Cases Referred to- Abdul Khaleque and others Vs. State 12 DLR (SC) 165; 19 DLR (SC) 259 & Rameshwar Vs. State of Rajasthan 1952 SCR 377. Lawyers Involved: Abdus Sobhan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Criminal Law | Date: | Hits: 66
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....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 ......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 ......amal J Latifur 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.....................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)
....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 ......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 ...... Cases Referred to- Md. Shohrab Ali Dewan Vs. Chairman, Second Labour Court 1978 BSCR 477 and SN Quddus Vs. Chairman, Labour Court, 33 DLR (AD) 12. Lawyers Involved: Rafique‑ul Huq, Senior Advocate (Mr. Khalilur Rahman, Advocate with..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....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. ......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. ...... December 3rd, 1992. Cases Referred to- AFM Shah Alam Vs. Mujibul Huq and others 41 DLR (AD) 68; Abdur Rab Mia Vs. Fazlur Rahman 43 DLR (AD) 23, AC Jose Vs. Sivan Pillai AIR 1984 SC 921. Lawyes Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate-on..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....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 ......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 ......nal 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 Involved: Moudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....ding and it implies the hearing by the same tribunal which heard the matter before. Apart from the construction that I have given to the word 'rehearing' I like to point out that it is an accepted principle of procedure that prior notice for rehearing is to be given to the parties who were prese......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 ......bad (FB) 221; Jai Karan Vs. Panchaiti Akhara, Choto Nayan Udasi Nanak Shahi AIR 1933 Allahabad 49 (J); Mohd. Fazlur Rahman Vs. Custodian of Evacuee Property AIR 1956 (FB) Hyderabad, 91. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Serajuddin Ahmed, Advoc..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....circumstances where it is reasonable to suppose that they would have agreed to some right being acquired if they had thought about the legal position. I can see nothing contrary to ordinary legal principles in holding that the spouse who makes the improvement has acquired such a right ... if a......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 ......icer, Bandra in AIR 1929 PC 163 ; 6 WR 228 Page CJ remarked in Seing Mating VEA Chettyar Firm, 14 ILR (Rangoon) 87 (91); Mammunhi Vs Kunhibi AIR 1961 Kerala 147; AIR 1961 Kerala 147. Lawyers Involved: TH Khan, Senior Advocate (Mr. AM Wahab Miah, Advocate with him) inst..Category: Property Law | Date: | Hits: 80
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......r Vs. Ainuddin Ahmed and others………….... Defendants-Respondents Judgment July 7, 1991. Case Referred to- PLD 1953 (Dhaka) 183. Lawyers Involved: AK Badrul Huq, Advocate at present instructed by Md. Aftab Hussain, Advoca..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....ction can be taken under sections 107 and 151 Cr.P.C. to prevent breach of peace, but no order by a Criminal Court for attachment of the property under section 145 Cr.P.C. can validly be made. This principle was laid down in the case of Shah Muhammad Vs. Huq Nawaz and the State, 23 DLR (SC) 14 ......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 ......hrani (1901) 29 IA 24(33) Bhinka Vs. Charan Singh AIR 1959 SC 960, Brojendra Kumar Sengupta Vs. Jitendra Chandra Sen AIR 1960 Assam III & Begum Vs. Seth Dooli Chand (1909) 2 IC 266. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Meah Abdul Gafu..Category: Property Law | Date: | Hits: 81
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....s father Afazuddin died during the pendency of the pre-emption proceeding and thereby the pre-emptee-petitioner became a co-sharer in the case holding. It is his grievance that in derogation to the principles enunciated in ILR 44 CaL 47 ad; 19 DLR (SC) 36 the High Court Division failed to take ......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 ...... Vs Abdul Latif Sheikh and others....................Respondents Judgment December 1st, 1992. Cases Referred to- ILR 44 Cal 47 & 19 DLR (SC) 36. Lawyers Involved: Moksum-ul-Hakim, Senior Advocate (Abdul Hamid, Advocate with him) instruct..Category: Property Law | Date: | Hits: 56
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 ......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 ...... (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. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Md. Nowab ..Category: Property Law | Date: | Hits: 64
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 ...... 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 ......fur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Reco..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....jected upon misconception of law and facts, that errors of law have been committed resulting in a wrong order of acquittal and that the judgment of the Special Tribunal was interfered with upon wrong principles resulting in a miscarriage of justice. The impugned order of acquittal cannot thus be sus......and ten) tolas, valued approximately Tk. 18,60,WO.00 secretly in his handbag while coming back from Dubai by BG‑042 on 30.5.86. 7. P.W. 1 Saifuddin Ahmed, Superintendent, Customs, 'C' shift, Zia International Airport, filed a FIR on the same day at 21‑45 hours at the Cantonment police station......der................... Accused-Respondent Judgment May 27, 1992. Cases Referred to- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (SC) 13. Lawyers Involved: M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-o..Category: Criminal Law | Date: | Hits: 132