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Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....on 8.12.91 and the nomination paper of respondent No. 5 was declared valid. The election was held on 30.1.92 and respondent No. 5 was elected as Chairman of the said Union Parishad. The result was published in the official Gazette on 2.3.92 and respondent No. 5 took oath of office on 10.3.92. He......tition No 1454 of 19921) Judgment: Mustafa Kamal J.- This appeal by leave is from the Judgment and order of the High Court Division dated 4.5.92 dismissing summarily the appellant's Writ Petition N......kati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......p;…… (2) A person shall be disqualified for election or nomination as, or for being, a Chairman or a member if. (f) he is a party to a contract for work to be done for, or goods to be supplied to the Union Parishad concerned or has pecuniary interest in its ..Category: Election Law | Date: | Hits: 106
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 ......r the 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). Judgm......2 DLR (AD) 74 & Bajrang Rai and others Vs. Ismail Mian 1978 AIR Pat (FB) 339, Bangladesh Vs. Abdul Wadud 25 DLR (SC) 90, Bangladesh Vs. Israil Ali and others 1981 BLD (AD) 371, Bangladesh Vs. Jaheruddin 1986 BLD (AD) 180(182), Mst. Nurjahan Begum Vs. Giri Gopal Sarker 1979 BSCR (Vol. 3) 400 and Mst.......al 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 ……………………............Respondents Judgment January 19, 1993...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). ...... appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ame to a char adjacent to the Customs office and tied it up there. Subsequently, a search party of the Customs conducted a search and recovered 6982 cartons of foreign cigarettes, 3 car air conditioners and other goods which were being carried illegally. It was alleged that neither the trawler C..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ......puty Secretary of the Ministry of Agriculture and Forest on June 4, 1981 and making the Conservator of Forests as the appointing authority for the posts respondents were holding at the time of the order of compulsory retirement. 2. In both the matters the Administrative Tribunal set aside......….Respondents Judgment April 20th, 1993. Cases Referred to- Shyamlal Vs. State of UP AIR 1954 SC 369; State of Bombay Vs. Saubbagchand AIR 1957 SC 892; Dalip Singh Vs. State of Punjab AIR 1960 SC 1305, Jagdish Mitter Vs. Union of India AIR 1964 SC 449, State......rity for officers like the respondents; and as, such, the Conservator of Forests was authorised to draw the proceeding, and impose penalty upon The respondents. It is contended that the Tribunal erroneously assumed that it had no legal effect simply because it was issued by the Deputy Secretary ..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 ......mp; 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 Tri...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Nazrul Islam …………..Appellant (In CA No. 28/92) Bangladesh House Building Finance Corporation …………………..Appellants (In CA ...... notice he was retired compulsorily by the Corporation's Order dated July 18, 1988. 3. After failing to get that order reviewed departmentally the Law‑Officer instituted the aforementioned case in the Administrative Tribunal, but without any success. The Administrative Appellate Tr..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 ...... Arif, 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). ...... 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......Honorary Magistrate, by Judgment and order dated 23.11.81, found the appellant guilty of the said offence and sentenced him to RI for 3 (three) months and a fine of Tk. 500.00, in default to RI for one month more. On appeal against the said order of conviction and sentence, the learned Additional..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 ......ifuddin Chaklader, Advocate-on- Record - For the Petitioner. Not Represented –The Respondents. Civil Petition for Leave to Appeal No. 355 of 1989. (From the Judgment and order dated 6.6.89 passed by the High Court Division, Dhaka, in Writ Petition No. 113 of 1987). ......ce. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......ate Division (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 .............Responden..Category: Labour and Industrial Law | Date: | Hits: 79
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....as laid down that once the delegator has abdicated himself wholly of his powers the same can no longer be shared with the delegatee unless the authority of the delegatee is cancelled and it is duly published in the official gazette, escaped the notice of the learned Advocate concerned and so it ......l (AW 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: ......;…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-on-Record-For A Petitioners ......vil) 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.... Respond..Category: Administrative Law | Date: | Hits: 122
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 ......(Sharifuddin 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 1...............Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy......nised an armed illegal bahini known as the Special Army and that bahini is still existing. 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..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 ......f 1978). Judgment: Mustafa Kamal J.- This appeal by leave by the pre-emptee-appellant is from the Judgment and order of a learned Single Judge of the High Court Division (at Chittagong) dated 25.11.85 passed in......: 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...........Respondents Judgment ......e‑emption case were, inter alia, that the application was barred by res judicata and that it was bad for defect of parties. The trial Court found that the case was bad for defect of party as one Amalendu Dev, a co-sharer in the disputed plot (No. 1061) was not made a party thereto. As the ..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ment under the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (PO No. 16 of 1972) or owned or managed by any statutory corporation, as the Government may, by order published in the official Gazette, place under it." It is thus clear that any ind......ecord. - 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 198...... High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ision Dhaka in Writ Petition No. 365 of 1987). Judgment: Shahabuddin Ahmed CJ.- I have gone through the Judgment proposed to be delivered by my learned brother Mustafa Kamal, J. As I find..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 ......e-on-Record-For the Appellants. M Shamsul Alam, DAG instructed by Md. Nawab Ali, Advocate-on -Record -For the Respondent Criminal Appeal No. 14 of 1992. (From the Judgment and order dated 01.7.1992 passed by the High Court Division, Dhaka in Criminal Appeal No. 1066 of 1990)...... appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......ckshaw and forcibly abducted her after holding tier mouth fight. She was kept confined in a room for an hour after breaking open the lock of that room. Thereafter they took her to a house at about one mile away carrying her in a rickshaw. There they switched on a TV with Blue Film and they forci..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 ......993). Judgment Mustafa Kamal J.- This petition for leave to appeal is from the judgment and order dated 28.2.93 passed by a Division Bench of the High Court Division dismissing summarily Writ....... The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......e Division (Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sattar (Md) ............................Petitioner Vs. Bangladesh, represented by the Secretary, Minis..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 ......instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondent No. 1. Ex parte- Respondent No. 2. Civil Appeal No. 26 of 1991 (From the Judgment and order of the High Court Division in Writ Petition No. 431 of 1989). Judgment: ......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 him) instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Appellant. Asrarul Hossain......stafa 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 writ petition (respondent No. 1 herein) Tajul Islam Chowdhury, a cashier of the appella..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....n 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 result in official Gazette was left to be published by the Election Commission. But the latter cancelled the result of election in one or more......Civil 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 Pet...... 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. ......of result by the Returning Officers was made and notification of the result in official Gazette was left to be published by the Election Commission. But the latter cancelled the result of election in one or more polling stations out of several polling stations in each Union, and directed repoll. The..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 ...... Ahmed, 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 1......justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......here. Supreme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Latifur Rahman J Hossain Mohammed Ershad, former President ............................Petitioner [Criminal Petition No. 117 of 1992] Mrs. Raushan Ara Begum @ Mrs. Raushan Ershad .............Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....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 ......innur 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 o......aleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993. Cases Referred to- Project in Charge Vs. Abdur Rahman 31 DLR 124 and General Manager, Jamuna Oil Company Vs. Golam Rahman &a...... Akhara, Choto Nayan Udasi Nanak Shahi AIR 1933 Allahabad 49 (J), after hearing the arguments the learned Chief Justice dictated an order in the open Court. But immediately thereafter a request by one of the counsels of the parties that the judgment might not be signed so that the question of li..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 ...... (Mr. 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: ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J AFM Naziruddin ....................Appellant vs. Mrs. Hameeda Banu........................ried the respondent in 1962. Three children were born of the wedlock. 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 th..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 ......de. The resulting Miscellaneous Case No. 407 of 1980 was also dismissed for default and again an application under Order 9 rule 9 read with section 151 CPC was filed for setting aside the dismissal order in the miscellaneous case. Upon objection raised by the defendant the second Miscellaneous C......993) 37 ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alhaj Mokter Hussain Talukder ..................................Plaintiff-Petitioner Vs. Ainuddin Ahmed and others………….... Defendants-Res..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....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 ......Single Judge of the High Court Division set aside that judgment and directed the trial Court to reject the plaint in limini. 3. The plaintiff is the appellant by leave from the judgment and order of the High Court Division dated 12.5.91. 4. The appellant Jobeda Khatun filed the su......ithout any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......) 14 and Md. Shahabul Huda Vs. Md. Sahafi 36 DLR (AD) 44, Re NP Essappa Chettiar AIR 1942 Mad. 756; The Corporation of Calcutta Vs. Bijoy Kumar and others AIR 1924 Cal. 334 and Commissioners for the Port of Calcutta Vs. Suraj Mull Jalan and others AIR 1929 Cal.464, Dinonomi Chowdhran..Category: Property Law | Date: | Hits: 81
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