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Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....(In CA No. 15 of 1993). Hassan Arif, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record-For Respondent Nos. 1 and 2. (In CA No. 15 of 1993). Amir Hossain Khandker, Advocate (appeared with leave of the court) (M A Tarek, Advocate with him), instructed by ...... of associations or unions (including trade unions), the nature of its composition, required minimum strength, requirements and conditions of registration, cancellation of registration, supervision over the activities of an association or union (including trade union) and so on. These legislativ...... unite any establishment for the purpose of registration of trade unions on the basis of the characteristics of services rendered by the employees of the Biman or for the purpose of its commercial management. It was not necessary in its opinion to decide the constitutionality of the two pro..Category: Labour and Industrial Law | Date: | Hits: 103
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....were initially void, the election of respondent No. 5 as Chairman was void, the oath of office taken by him was void and his continuance in office is also without lawful authority. 9. Mr. Khandker Mahbubuddin Ahmed, learned Advocate for respondent No. 5, submits on the other hand that on......sent: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judg......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
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....ee made any grievance as to the alleged vagueness of the charge, or complained that because of such vagueness he could not represent his case or that he was prejudiced in his defence. On the other hand, in his reply to the charge he said he was a victim of circumstances and the evil design of th......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 ..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ut the production of the accused before the Magistrate does not amount to taking cognizance of any offence by the Magistrate as till the submission of the charge‑sheet the case remains in the hands of the police and the Magistrate has no occasion to take cognizance and if the police before ......ions. However, in the case of Kamalapad Trivedi Vs. The State of West Bengal AIR 1979 (SC) 777 arising out of a decision of the Calcutta High Court, the Indian Supreme Court by a majority Judgment over‑ruled the view taken by the Calcutta High Court and of some other High Courts taken 611......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 ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... with a mission to hit the highest law officer of the country, and stated "that fact was also treated as a basis for the order of detention". I find a statement to that effect written in hand on the margin of the typed paper in the departmental file where the decision was taken to make......was previously detained twice from April 1982 to April, 1983 and from November1984 to March 1985. In November 1988 another order for his detention was passed, but the detenu evaded arrest by going over to India. For his oppressive and terrorist activities the detenu was suspended from the post o......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 ..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)
....n 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 Huq, Advocate- on-Record-For......e also submits that in the absence of any provision as to who may be added as parties in a proceeding under section 24, the procedural law, namely, Order 1, rule 3 and Order I rule 10(2) CPC will govern the field. 6. Mr. SC Das, learned Counsel for the pre‑emptor-respondents, submit......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 ..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ts that PO No. 16 of 1972 did not either expressly or', impliedly repeal APO No. 1 of 1972. It was a continuing legislation and on 7.3.72 it was still permissible to act under APO No.1 of 1972. K. Khandker Mahbubuddin Ahmed, learned Advocate for the respondents, submits on the other hand, that A...... 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 ......trial enterprise" or the Respondents' enterprise. Government of Bangladesh, (Appellant in CA No. 31 of 1991) by a notification dated 7 March 1972, (Annexure‑A) took over the control and management of this enterprise, as they say , under the Bangladesh (Taking over of Control and Manag..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)
.... and an act subversive of discipline. He relies upon the case of State of Punjab Vs. Ram Sing, AIR 1992 (SC) 2188 in support of his submission. 18. Mr. Asrarul Hossain submits, on the other hand, that charge Nos. 1, 2 and 4 are past and closed transactions and misconduct once condoned can......om 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 B......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 ..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....os. 117, 118, 119, 120, 121 and 122 of 1992). Abdul Malek, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record- For the Petitioner (In Criminal Petition No. 121 of 1992). Khandkar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain Advocate -on-Record-For ......ubsequent transfer of plot No. 49 to the JPL was made without making any construction on the land, a pre‑condition for transfer of the land allotted by the RAJUK, and the impediment to transfer was overcome by the RAJUK by amending paragraph 20 of the standard lease form on October 17, 1989. The a......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 ..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....may make such order with respect to the property in dispute …as he thinks fit. 12. The views in Hine Vs. Hine [1962] 3 AIL ER 345 that the above provision of law gave a free hand to do what is just, and in Jansen Vs. Jansen [1965] 3 All. ER 363 that it gave rights where no......ion which is generally after the break‑up of the marriage." 16. These views were not shared by all the Law Lords. Soon Parliament intervened to settle the lingering controversies as to proprietory rights between husband and wife. In last two decades a number of enactme......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 ..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....Mull Jalan and others AIR 1929 Cal.464, Dinonomi Chowdhrani Vs. Brojo Mohini Chowdhrani (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 Invo......will find it harder and harder to intervene on his behalf as litigation progresses‑ But if his case for rejection of the plaint turns out to be a compelling one, the Court may be persuaded to overlook the delay. 15. With regard to the second submission it is argued by Mr. Md. Nurul H......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 ..Category: Property Law | Date: | Hits: 81
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....der under that article is not subject to the revisional jurisdiction of the High Court under section 435 and 439 of the Code. 4. Mr. Moinul Hosein appearing for the respondents, on the other hand, contended that since the Sub-divisional Magistrate is also a Magistrate, First Class, who has......set aside Ed. ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....l system of Government. But it cannot be disputed that the Proclamation clothes the President designated by itself with all the powers of the State. The Provisional Constitution Order, on the other hand, sought to shift the focus of power to the Prime Minister from the President who was thereund......ister; and in the manner provided in clause (7) of the Provisional Constitution Order. 6. Learned Counsel submitted that while the Proclamation envisaged a Presidential system of Government, by promulgating the Provisional Constituent Order the President designated by ......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....ourt, which is otherwise competent to try a suit simply because the parties to the suit earlier agreed to arbitration and a party thereto applies for staying the proceedings. On the other hand, the section precludes a party to an arbitration agreement from asking for stay of the pr......aying the suit under section 14 the second defendant ought to have been held to have joined in the prayer. The learned Additional Additional-General who appeared for the respondent, now Government of Bangladesh, contended that the very fact that the second defendant filed an ......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....Before the High Court Division the appellant submitted that the respondents writ petition, filed long 20 years after the impugned notification ought to have been rejected in limine. Relying on Tilok Chand Vs. HB Munshi 1969 SCR (2) 824, Ram Chandra Shankar Deodhar Vs. State of Maharashtra 1974 SCC 3......m the judgment and order dated April 22, 1993 passed by the High Court Division in Writ Petition No. 1316 of 1992) Judgment MH Rahman J.- This appeal by special leave at the instance of the Government is directed against the judgment and order dated April 22, 1993 of the High Court Division......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....im to be a vested and non‑resident property, leased out to Defendant No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, claiming to be a lessee of the Government, threatened the p......nt No. 7. Plaintiffs-respondents claim title and possession of the land by Pattan from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, claiming to be a lessee of the Government, threatened the plaintiffs with dispossession, they filed the suit in question (Title Sui......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ..Category: Property Law | Date: | Hits: 62
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....tly. The High Court Division erred in law, he submits, in holding that the counter-claim was not maintainable. 8. Mr. Md. Nurullah, learned Counsel for the plaintiff-respondent No.1, on the other hand, has drawn our attention to section 5(1) and section 2 (Kha) of the Adalat Act and has argued t......provisions (section 5(4), (5), (5Ka), (6) and section 6); and (iv) substantive rights (right of appeal under section 7)……………………(13) The jurisdictional provisions in the Act are the overriding considerations in determining the applicability of the procedural provisions of the Code ......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... and her parents for releasing certain land which was mortgaged to the father of the complainant. On 8.4.90 the appellant also demanded from the complainant Taka 10,000.00 for establishing a shop at Chandraher Bazar. The complainant refused to accept the demand whereupon the accused persons abused h...... This Act may be called the Dowry Prohibition Act, 1961. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition of "dowry".‑In...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....he High Court Division is not a sound exercise of discretion in the facts and circumstances of the case. 6. Mr. Syed Ishtiaq Ahmed, learned Advocate for respondent No. 1 submit, on the other hand, that the proceeding taken for the enforcement of a civil right is a civil proceeding and whet......4.7.87 issued by respondent No. 1 Rajdhani Unnayan Kartripakha asking the appellants to vacate the requisitioned land. A Rule Nisi was issued thereupon on 15.7.87. Neither respondent No. 1 nor the Government-respondent Nos. 2 and 3 submitted any affidavit-in‑opposition and no one appeared a......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....ier Writ Petition being No. 112 of 1974 and the Rule was issued on 5.3.74. It was stated that during the pendency of the said writ petition in pursuance of the Government decision to release/return/hand over the specialised textile mills to the Bangalee share-holders/owners the Bangladesh Textil......er passed by the High Court Division in Writ Petition No. 701 of 1977. 2. The Respondent No. 1 as petitioner filed an application under Article 102(1)(a)(i) of the Constitution against the Government and other proforma-respondents for giving effect to the order of release and to deliver p......filed an application under Article 102(1)(a)(i) of the Constitution against the Government and other proforma-respondents for giving effect to the order of release and to deliver possession of the management of the Mohammadi Calendering & Printing Mills Ltd. in favour of the petitioner..Category: Constitutional Law | Date: | Hits: 157
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