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Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ladeshi got no basis whatever. 5. Government of Bangladesh in exile returned to Dhaka on 23 December 1971 after the war of liberation, which had left the country's economy shattered and devastated. Many industrial and commercial concerns were found abandoned or left uncared for, by their ......ise the powers of a Corporation under this Order" in respect of this industrial enterprise. In other words, the Corporation was to supervise and co‑ordinate the activities, business and affairs of this enterprise. No other implication was there. But PO No.27 of 1972 was amended o 15.1..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....rate about this occurrence either to her husband or to her parents. This conduct of the woman appears to be highly improbable and her going to the police all by herself is suspicious, Further, she stated that thana was known to her from before and soon after the occurrence she went to Mirpur Pol...... 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 ..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)
....oss misconduct" and asking him to show cause why he should not be dismissed from service or otherwise suitably punished "for the said acts of misconduct". 6. The first charge stated that the said respondent obtained casual leave for 5 days from 18.2.86 to 22.2.86. He did no......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
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. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....n Chairman of the Dhaka Improvement Trust (DIT) (hereinafter referred to as the RAJUK, an acronym in Bangla for the Rajdhani Unnayan Kartripakhya) Major Kamrul Hasan, a former Member of the Land and Estate Department of the RAJUK, Abdus Sattar, a former Minister and one Abdus Sukur Pradhan. 3. Th...... of the other case has been produced before us. Whether the petitioner is being prosecuted for the same offence for which he had earlier been convicted cannot be examined in this perfunctory state of affairs. It seems the petition has no serious purpose because none of the relevant documents which a..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....as originally held, and upon the pleadings and depositions already in the case. See Read 6 Am. St. Rep. 877, 10 At 1. Rep. 385." 18. In Stroud's Judicial Dictionary (1974) it is stated a "rehearing" is a new trial, and is not satisfied by merely reading the transcrip......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 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....a part of it, and is subjected to the same rights of property as the soil itself." 21. In Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135, the Privy Council after citing the above statement with approval observed that "it seems to have been accepted for many years as a corr......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)
....09;5 to restrain them from entering upon or interfering with or dispossessing the plaintiff from the suit property or any part thereof. 6. To make the long subsequent story short, it may be stated that the plaintiff also filed an application for temporary injunction upon filing of the sui......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
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....hree classes of lands mentioned in sec. 20(2)(b). From the Khatian (Revenue Record) relating to these hats and bazar exhibited in the case, Plot No. 341 is a bazar and in the remarks column it is stated that it is held every day in the morning; from the affidavit it appears that there are al......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 ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....gold bars were recovered from a secret pocket at the bottom of the handbag. On being asked the respondent failed to produce any valid document in support of the said gold. He, however, made a written statement admitting his involvement in the smuggling of gold. He identified his baggages by putting ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....n 9-8-58 and there could not be any such prayer in the said petition since the date of death of opposite party No. 1 was shown as within time. But in the application filed on 26-8-61 the appellant stated "Before the date of 9-8-58, this petitioner was not aware of the death. Therefore this ......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
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. ......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. ..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." ......rder- (i) ......... ............... (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has done or taken without lawful ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
.... her that the respondent purchased a land in her name and has built a three-storied house thereon, but she denied that the respondent had constructed the house with his money for her. She, however, stated that she has been getting Rs. 1.000/- as rent from a house and that her husband did it give ......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. ..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....administrative duties also. This dual function of a Magistrate was taken note of in the case of Abdullah Haroon and Co. vs. Cal-Cutta Corporation, reported in AIR 1950, Cal 36,where it was rightly stated that "a Magistrate has to discharge duties which are at times judicial and at other min......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
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ed who appeared in support of both the petitions maintained that the Special Tribunal erred in taking cognizance of the case, inasmuch as the Police report did not contain a statement of facts which would constitute an offence under the Collaborators Order. He referred us ......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....ses of the Provisional Constitution Order, namely, that they resulted in self-effacement of the President and in abdication of power by him call for no separate discussion. Suffice it to state that such exceptions can be relevant only in cases involving complaints relating to unau......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)
....st any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such a legal proceedings may, at any time before filing a written statement or taking any other steps in the proceedings apply to the judicial authority be......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
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....ail vs. State. In this case Hamoodur Rahman, C. J., while delivering the unanimous opinion of five learned Judges of the Supreme Court of Pakistan, noticed and relied upon the rule of construction stated in Maxwell's book on the Interpretation of Statutes, llth Edition, at page 122 to the effect...... 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. ..Category: Criminal Law | Date: | Hits: 39
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