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State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......section (2) of section 222 of the Code of Criminal Procedure. 5. Leave was granted to consider whether the learned Judge of the High Court Division acted rightly in the facts of the case in holding that the prosecution failed to prove its case beyond reasonable doubt. 6. The learned..Category: Criminal Law | Date: | Hits: 41
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 ......tructure of trade unions is a legitimate domain of legislative exercise and no worker has a fundamental right to a particular form of organisational set-up. To hold otherwise will be tantamount to holding that once trade unions are formed along a particular organisation pattern and registration ..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......he aforesaid vesting in VP Case No. 33 of 1978 and are in possession and that as such they arc necessary parties. 4. The learned Subordinate Judge by order dated 9.10.90 rejected their application holding that the appellants were lessees for 1389 BS only and there was no paper to show that they w..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ...... refused pre‑emption to this extent relying upon an observation of this Court in Ahmed Hossain Ys. Basharat Ali, 32 DLR (AD) 54. In that case lands in several plots comprising five different holdings, but touching each other only marginally and not forming a compact block of land, were sou..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....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 ......nd the acceptance thereof on 8.12.91 respondent No. 5 was a disqualified person within the meaning of section 7(2) (f) of the said Ordinance. The High Court Division, it was urged, erred in law in holding that the order of cancellation of dealership came into effect from 25.8.91 upon the Rule be..Category: Election Law | Date: | Hits: 106
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 ......tive powers issued by the Deputy 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 Admin..Category: Administrative Law | Date: | Hits: 114
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....dvantage the decision of the Indian Supreme Court (supra) and frankly limited that the view taken by the High Court Division being based on overruled decisions cannot be supported. Mr. Arif has not disputed that in the facts of the present case the bar of section 195(1) (b) of the Code is attract......that the Magistrate had taken cognizance of the offence in violation of section 195(l) (b) of the Code. A single Judge of the High Court having heard the matter refused to quash the proceeding upon holding that 11 whatever the view of the other High Courts may be the consistent view of this High..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 ......not satisfied with his explanation the defendant constituted a Committee of Enquiry. The petitioner appeared before the Committee and gave the same explanation, but the Committee submitted a report holding him guilty of misappropriation of the amount. The respondent, employer, deducted the value..Category: Labour and Industrial Law | Date: | Hits: 79
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 ......criminal prosecution or preventive detention it is for the executive to decide which course to follow, but the law does not authorise to follow both simultaneously". This observation while upholding the order of detention was not called for in the facts of the case. The Appellate Division i..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)
....a, 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 trial Court in the earlier Miscellane......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)
....o operation at once in the interest of the national economy, these two statutes were enacted. Respondents say that they were Bangladeshi nationals and were present in Bangladesh; this claim is not disputed by the Government but their contention is that the respondents were not available to opera......rprises belonging to other persons have also been placed under the Corporation by the same Notification (Annexure-H). I have therefore no hesitation to answer the second question in the affirmative holding that the placement of the "industrial enterprise" under the Corporation is valid..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 ......sband's house at Godaragat in a rickshaw from her father's house at Monipur and when she reached near "Soni Cinema Hall" four persons stopped her rickshaw and forcibly abducted her after holding tier mouth fight. She was kept confined in a room for an hour after breaking open the lock ..Category: Criminal Law | Date: | Hits: 66
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 ......ng of fact arrived at by the Labour Court cannot be disturbed in the writ jurisdiction and that in any case the High Court Division misdirected itself, upon a misconception of both law and fact, in holding the above. 17. Mr. Rafique-ul-Huq learned Counsel for the appellant submits that th..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....erned authority at the relevant Lime. We have heard Dr. Rafiqur Rahman, teamed Counsel for the petitioner. Except pointing out the high percentage of votes cast in favour of only one candidate in the disputed Centre, he failed to make out a case for the Election Commission's interference. The High C......and direct repoll. 4. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney-General has appeared for the appellants in five of these appeals. His contention is that the general power of organising, holding and conducting an election as provided in section 24 of the Ordinance, read with Article 119..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 ...... petitioner are ex facie discriminatory and ultra vires to any fundamental right guaranteed in the Constitution. 14. The High Court Division did not make any error, as urged by the petitioners, in holding that the statement of the persons examined under section 161 of the Criminal Procedure Code,..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....e real and absolute owner of the three‑storied dwelling house and appurtenances thereto described in the 'B' schedule to the aforesaid irrevocable licence. 2. Some facts are not disputed. The appellant married the respondent in 1962. Three children were born of the wedloc......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 spouse provid..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 ......e discharging the Rule in Civil Revision No. 125 of 1984. 2. Mr. AK Badrul Huq, learned Advocate for the petitioner, submits that the learned Judge of the High Court Division erred in law in holding that the courts below committed no illegality in holding that the subsequent application un..Category: Property Law | Date: | Hits: 63
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....warding in going into litigation rather than pay the bills for the electricity that he has been consuming, admittedly by taking unauthorised, connection from 21.5.86. In this proceeding question of disputed bills cannot be gone into because the appellant's writ petition in that behalf, No. 1046 ...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....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 ...... transferred w the court of Assistant Judge, Daulatpur Upazila and re-numbered as Miscellaneous Case No 21 1984. Their case was that the pre-emptee-petitioner was not a co‑sharer in the case holding and the deed of gift was a pre-emptible one. Among other defences the pre-emptee-petitioner..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....dment of section 20 by Ordinance No. XII of 1960, and the decision in 15 DLR (SC) 139, the appellate court held that the plaintiff is not entitled to get declaration of his title in respect of the disputed plot where the cattle market sits. After finding that it is not possible for the court to ......demarcated by local investigation. 6. Relying on Yusuf Ali Chowdhury Vs. Province of East Pakistan, 11 DLR (SC) 3161 the High Court Division set aside the order of the appellate court after holding that as the cattle market assembles only once a week, and remains vacant on other days, it ..Category: Property Law | Date: | Hits: 64
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