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Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......aining Agents of the Biman under section 22. 3. The Ordinance, 1969 was amended by the Industrial Relations (Amendment) Act, 1990, shortly, the Amendment Act, 1990. By section 2 thereof two provisions were added to sub‑section (2), of section 7 of the Ordinance, 1969 so that the ent..Category: Labour and Industrial Law | Date: | Hits: 103
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 ......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 ..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 ......this court should pass an order giving delivery of possession of the seized goods to the appellant after setting aside the impugned order of confiscation. 12. Reference has been made to the provisions of section 517 Cr.P.C. above to point out the conditions and circumstances under which a..Category: Criminal Law | Date: | Hits: 62
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 ......is stage functions as a Magistrate during investigation. As the trial has yet to commence it cannot be said that he is acting as a court." 13. Upon a consideration of the various provisions of the Code, particularly that of Chapter XIV and various decisions the learned Judge fi..Category: Criminal Law | Date: | Hits: 40
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 ...... delegator will be illegal." The answer was given in the affirmative. 10. In the present case, there is no delegation of authority in that sense by one to the other under the provisions of a Statute. Here the law‑giver, namely, the CMLA who is the source of all author..Category: Administrative Law | Date: | Hits: 122
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....209;sharers as parties to the proceeding under section 24 in the same way as section 96(2) of the State Acquisition and Tenancy Act does in respect of a proceeding under that section. Nor can such mandatory requirement be inferred from the language of sections 23(4) and 24 (4) of the said Act. I......ice of notice or within 4 months from the date of knowledge of such transfer, if no notice has been issued or served, a co‑sharer may apply to the Court for pre‑emption. From all these provisions in sections 23 and 24 of the Act Mr. Ahmed submits that although no specific provision h..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....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 ......ectors, etc. of the Company were not available to manage, supervise and control it and as their whereabouts were also not known it was declared as an abandoned industrial unit "in terms of the provisions of PO No. 16 of 1972 and thereupon the Government took over the management and control o..Category: Property Law | Date: | Hits: 65
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. ......consequential order for the purpose of ensuring a free, fair and just election. That power, it may be mentioned, was given with the provision "Save as otherwise provided". It means in addition to the provisions laid down in the law and rules, the power of review was to be exercised and consequential..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 ...... of 1947. It is contended that the denial of such an opportunity is violative of Articles 27 and 31 of the Constitution. Section 4 of Act XXVI of 1957 and section 5 of Act II of 1947 are two distinct provisions for two different purposes. It is not a requirement of law that a prosecution for an offe..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 ...... mistake committed by a functionary of the Court itself was later set right by the Court in its inherent jurisdiction. 11. In AIR1953 Allahabad p. 416 was held that "by reason of the provisions contained in r. 3 of Or. 20 of the CPC, jurisdiction of the Court to reconsider and reh..Category: Administrative Law | Date: | Hits: 125
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 ......der section 145 Cr.P.C. was drawn up and since the purpose of the suit was to defeat the said criminal proceeding, the High Court Division was of the opinion that the present suit is barred by the provisions of section 56(e) of the Specific Relief Act. 11. Leave was granted to consider ..Category: Property Law | Date: | Hits: 81
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 ...... with the employment or non‑employment or the terms of employment or the conditions of work of any person." After considering the background of the legislation and some other provisions of the IRO, 1969, the Tribunal's interpretation was rejected and it was held that the d..Category: Property Law | Date: | Hits: 64
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......;………………………………….. (4) If the transfer of a portion or share of such a holding be one to which the provisions of sub-section (1) of section 26F apply, there shall be filed in the prescribed manner ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......n of the Australian jurisdiction is Anderson V. The Commonwealth (47 C.L. R 50). 11. McCabe V. Atchison arose out of a suit for injunction restraining the defendants from complying with the provisions of a Statute for reasons that it was repugnant, inter alia, to the commerce clause of th..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......re, we think the wife having a source of income to maintain herself cannot be regarded as one entitled to any relief by way of speedy remedy against starvation which is the object of the provisions of sub-section (1) of section 488 of the Code of Criminal Procedure. So far as the appel..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....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. ......al discretion by a Magistrate under sub-section (2) of section 167 of the Code. 5. In order to appreciate the contentions referred to above, it is necessary to examine the relevant provisions of PO 50. Sub-clause (a) of article 3 (1) specifies the offences which are triable exclu..Category: Criminal Law | Date: | Hits: 125
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....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. ...... Order the President designated by the Proclamation sought to alter the same to a Parliamentary or Cabinet system. It was contended that he could have no authority to make constitutional provisions at least of the nature of clauses (5) to (8) of the Provisional Constitution Order ..Category: Criminal Law | Date: | Hits: 53
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... and the Court before which he is brought may commit him to prison pending the disposal of the appeal, or admit him to bail." Article 8(1) of the Collaborators Order says that the provisions of the Code— "in so far as they are not inconsistent with the pr..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....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. ......the facts of the case the High Court Division correctly refused to dismiss the matter on the ground of delay. 12. The learned Attorney‑General submits the High Court Division misinterpreted the provisions of Article 2, in determining the respondent's permanent residence on the commencement of ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......er in violation of their constitutional right equality before law. 5. Respondent Nos. 1-3, in their affidavit- in-opposition, inter alia, stated that Respondent No. 3 on 19.7.87 amended the provisions of recruitment Rule of the Registration in respect of appointment in the post of Muharra..Category: Employment/Service Law | Date: | Hits: 66
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