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State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... (1) the High Court Division in the exercise of Writ jurisdiction could interfere with an order of conviction passed by the Special Tribunal and affirmed by the Appellate Tribunal, (2) whether the decision of the Appellate Tribunal could be corrected by the High Court Division in the exercise of..Category: Criminal Law | Date: | Hits: 48
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... MH Rahman J.- In his Writ Petition No. 903 of 1992 the petitioner unsuccessfully challenged the Government's decision dated August 26th, 1991 to liquidate Bangladesh Consumers Supplies Co Ltd (respondent No. ..Category: Business or Commercial Law | Date: | Hits: 104
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......d to testify for fear of his life. Living in the present society we cannot be oblivious of this hard reality and reject a case because independent witnesses have not been examined. In that reported decision Cornelius, CJ further observed that- "Every thing said by this Court in a ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......or sale of the project assets under Article 34 of the Bangladesh Shilpa Bank Order, 1972 for realization of its loan. The petitioner unsuccessfully filed Writ Petition No. 763 of 1990 challenging the decision of the BSB to sell its assets and the leave to appeal from the Judgment of the High Court D..Category: Banking Law | Date: | Hits: 142
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....red 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 legislative exercises, so long as they do not restrict "the right to form associations or unio......te arises as to whether any two of more establishments are under the same employer or whether they are allied to or connected with one another for the purpose of carrying on the industry, the decision of the Registrar shall be final." 4. By Section 5 of the Amendment Act. 199..Category: Labour and Industrial Law | Date: | Hits: 103
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 ...... confirmed in appeal by the Subordinate Judge. But in revision, as stated above, a learned Single Judge of the High Court Division reversed the finding in respect of Plot No. 2573 and modified the decision of the courts below and allow pre‑emption only in respect of Plot No. 2574 which he ..Category: Property Law | Date: | Hits: 72
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 ......he High Court Division erred in law in interfering in the matter when there is nothing on record to show that the Courts below appeared to have committed any error of law resulting in an error in the decision occasioning failure of justice. 6. In Bangladesh Vs. Abdul Wadud and ors 25 DLR (SC) 90 ..Category: Limitation Law | Date: | Hits: 271
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 ......t by way of penalty amounts to removal from service, the respondents are also entitled to protection under Article 135 of our Constitution. The Indian Supreme Court held similar view in a number of decisions in interpreting the corresponding Article 311 of the Indian Constitution in Shyamlal Vs. ..Category: Administrative Law | Date: | Hits: 114
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 ......e ambit of the expression "falsely charges any person" as used in section 211 of the Penal Code." 6. The learned Judges in support of the above proposition relied on some decisions of the Calcutta High Court, namely Haibat Khan, ILR 33 Cal. 30; Tayabullah ILR 43 Cal. 1..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 ......ing the country and the administration provided unlimited power to him; nothing was beyond his jurisdiction and further no court could declare his order to be without jurisdiction. Accordingly the decision of the Tribunal was set aside. 4. Leave to appeal from the Judgment of the Appellat..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 ......is liable to be set aside as it is based on some alleged activities of the detenu which are not at all proximate to the date of order of detention. In this regard reliance is placed on a number of decisions of the Indian Supreme Court. In Sk. Serajul Vs. State of West Bengal 1975 2 SCC 78 the or..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 ......y and justice, found that the pre-emptor-respondents did not come to the Court with clean hands, the trial Court in the present case held that its finding could operate as res judicata, the earlier decision being not only on maintainability but also on merit. The High Court Division held that th..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 ...... respondents if they could establish their claim that they are owners of the majority shares thereof. At one stage, during a short-lived amendment of Article 10(l), Government also took a tentative decision to release the enterprise but did not proceed further. Thereupon the respondents filed the..Category: Property Law | Date: | Hits: 65
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....b "old is gold" has a fatal attraction, another proverb "the old order changeth yielding place to new" is equally honoured. Which proverb to follow in what given situation is a legislative exercise and it cannot be said that barring a thrice-elected Member of the Managing Com......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 ..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 ......k under section 77(4) of the said Act. 3. Mr. Rafique‑ul Huq, learned Counsel for Eastern Bank Ltd, submits on instruction from his client that Eastern Bank Ltd. will be bound by the decision in this appeal as it has submitted to the jurisdiction of this Court by a voluntary substi..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. ......arned Counsel has added. 5. The question before us is not a new one. On several occasions in the past this question was raised and this Court after considering all aspects of the matter gave clear decisions. Reference has been made to A F M Shah Alan: Vs. Mujibul Huq and others, 41 DLR (AD) 68 an..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 ...... Court Division erroneously held that the petitioner illegally inserted a clause in paragraph 20 of the Lease Deed exempting the precondition of a construction before transfer, overlooking an earlier decision of the Board of Trustees dated September 2, 1986 that had waived the condition for prior co..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 ......ppeal. It was noted in the order sheet that the judgment would be in a separate sheet. 5. On June 15, 1989 on the submission of the learned Advocate of respondent No. 1, the Government, the decision dated June 12, 1989 was recalled and the appeal was fixed for re-hearing on June 19, 1989...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 ......e wife in normal course of relationship gave licence to the husband to construct the building. It is asserted that in the facts of the case the licence cannot be revoked. Reliance is placed on two decisions of the Allahabad High Court. In Hafiz Manzoor vs. Md. Abdul AIR 1933 All. 842 Sulaiman C...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 ......standing the fact that an appeal is provided under Order 43 rule 1 CPC from such an order. 3. The contention has been fully answered in the negative in the impugned judgment on the basis of decisions of the Dhaka High Court beginning from PLD 1953 (Dhaka) 183 and as followed later on in t..Category: Property Law | Date: | Hits: 63
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