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Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
.... .........Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engineering Corporation, represented by its Secretary………….. Appellant [In CA No.40 of 1991] Vs. Dhaka Steel Works Ltd & others ………...................Resp......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 ......gh Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..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 ......al) Present: M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Saidur Rahman Neuton and others……...........Accused-Appellants Vs. State………….Respondent Judgment January 5th, 19...... 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 ......entification the appellants were arrested. According to the learned Judge, this was sufficient corroboration of the allegation of P.W. 4 Salma Begum that she was raped by the appellants. Naimuddin Ahmed J found corroboration of the statement of the victim woman from the evidence of P.W.s 2 and ..Category: Criminal Law | Date: | Hits: 66
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
.... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sattar (Md) ............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law & Justice, Government of the Pe......esent: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sattar (Md) ............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law & Justice, Government......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 ......he 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)
.... 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 Banking Compan...... Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant Vs. Tajul Islam Chowdhury and another…………….......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 ......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)
....t (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Article 118 of the Constitution of Bangladesh. Article 119(1) of the Constitution describes the functions of the Election Commission re......Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin .......Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin .................... Appellants (In Civil Appeal No. 43 of 1992) Vs. Jalaluddin and others ............ Respondents (In Civil Appeal No. 43 of 1992) Election Commissi......, 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)
....ake cognizance of the offence under the Prevention of Corruption Act punishable under section 5(2) of the Act 11 of 1947. In State represented by the Solicitor, Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and another 44 DLR (AD) 215 this Court reâ€.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitioner [Criminal Petition No. 121 of 1992] Abdul Wadud Khan .... Petitioner [Criminal Petition No. 122 of 1992] Vs. State…………. Respondent [In all Petitions] Judgment November 26, 1992. Lawyers......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 ......] Abdul Wadud Khan .... Petitioner [Criminal Petition No. 122 of 1992] Vs. State…………. Respondent [In all Petitions] Judgment November 26, 1992. Lawyers Involved: Moudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the PetiÂtioner (in Crimin..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993. ......upreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment Jan......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 ......Akhara, Choto Nayan Udasi Nanak Shahi AIR 1933 Allahabad 49 (J); Mohd. Fazlur Rahman Vs. Custodian of Evacuee Property AIR 1956 (FB) Hyderabad, 91. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Serajuddin Ahmed, Advocate-on- Record - For the Appellant. ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....dlock. The wife is the owner of the' ‘A’ schedule land. The plan for the construction of the building was sanctioned in her name. The wife mortgaged the land to the Shilpa Bank of Bangladesh, the successor of the former Industrial Development Bank of Pakistan, for securing the h......Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1962......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 ......at is meant by the expression "bonafide title or claim of title" as used by Sir Barnes Peacock in this connection." 28. In Premji Jivan Bhate Vs. Haji Cassum Juma Ahmed, ILR 20 Bom. 298. it was held that the rule in Ramsden Vs. Dyson is subject, in India, to the..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 ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alhaj Mokter Hussain Talukder ..................................Plaintiff-Petitioner Vs. Ainuddin Ahmed and others………….... Defendants-Respondents ......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 ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alhaj Mokter Hussain Talukder ..................................Plaintiff-Petitioner Vs. Ainuddin Ahmed and others………….... Defendants-Respondents Judgment July..Category: Property Law | Date: | Hits: 63
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 ......; Vs. Momtaz Begum and others...................................Respondents Judgment ......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 ......ut any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....il) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents Judgment A...... Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents ...... 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 ......out any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another.......................... Respon......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
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 ......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 ......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 ......e petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....ported in: 45 DLR (AD) (1993) 23 ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Latifur Rahman J Government of Bangladesh .............................Appellant. Vs. Shakhipur Islamia High School....................................Respondent Judgm......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 ......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
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....What I find is that it is neither a case of mis-joinder of charges nor a case of trial without jurisdiction. The offence allegedly committed by the respondent is the offence of smuggling of gold into Bangladesh. Smuggling particularly of gold has been defined in the Special Powers Act and this defin....... ......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. ......er 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 ...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J and ATM Afzal J. AHM Siddique ........................Appellant Vs. State ...............................Respondent Judgment August 31st, 1988......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 ......Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ..Category: Criminal Law | Date: | Hits: 44
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....t: Sayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another ………………………&hel...... Present: Sayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another ……………………&......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......hief Justice was of the opinion that this would lead to the absurd conclusion that the jurisdiction of the Supreme Court was subject to control by the High Court. In his supporting judgment Sajjad Ahmed Jan, J added that the grant of a certificate of fitness for appeal was judicial function, whi..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
.... Ed. ...... A.M. Sayem CJ A.B. Mahmud Hussain J Abdullah Jabir J Solicitor, Government of Bangladesh……………………..Appellant Vs. A.T. Mridha ………………………&hel......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. ......; Emperor, AIR 1920 Cal. 635: Jagmohan Surujmal vs. Venkatesh Gopal Ranade, 1933 Bom. 105; Mrs. Noorjahan Begum vs. Authorised Officer, 17 DLR 393; State vs. Wazir Khan, PLD 1968 Pesh. 140; Mustaq Ahmed Vs. State, 17DLR (SC) 624; Ljaoka Waipei Vs. Ngulthang Chief, AIR 1963 Manipur 15; Swami Hari..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....p; Sayem CJ.—This judgment disposes of petitions for special leave to appeal Nos. 47 and 48 of 1973 preferred by two persons who are facing a trial under President's Order No. 1972, i.e, the Bangladesh Collaborators (Special Tribunals) Order, 1972 (hereinafter referred to as the Collaborat......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. ......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. ......lip;………… Respondent Judgment August 22, 1973. Case Referred To: Leo vs. Adhikari, ILR 37 Cal. 49. Lawyers Involved: Naziruddin Ahmed, Senior Advocate with Syed Mohammad Ali, Advocate (Instructed by A.W. Mian, Advocate-on-Recor..Category: Criminal Law | Date: | Hits: 63