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Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)

..... (In all the appeals). Abdul Basel Mujumder, Advocate-on-Record­- For the Respondent. (In all the appeals). Civil Appeal Nos. 7 to 10 of W91. (From the Judgment and order dated 29th January, 1986 passed by the High Court Division, Chittagong Bench in Civil Revision Nos.......r different applications for pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in questi......ng Bench in Civil Revision Nos. 1420 to 1423 of 1997). Judgment:           MH Rahman J.- The appellants filed four different applications for pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fi..

Category: Property Law | Date: | Hits: 72

Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)

....h him), instructed by Sharifuddin Chaklader, Advocate-­on-Record-For Respondent No. 3. (In CA No. 18 of 1993). Civil Appeal Nos. 14‑18 of 1993. (From the Judgment and order dated 14.7.92 passed by the High Court Division in Writ Petition Nos. 1311,1923, 1924 and 2648 of ......come a member of a trade union. The Rule Nisi issued in Writ Petition No. 1311 of 1990 was made absolute and the Rules Nisi issued in the other writ petitions were made absolute in part as already noticed. The impugned order of the Registrar dated 2.5.90 was declared to have been made without la...... to registration under this Ordinance unless it has a minimum membership of thirty per cent of the total number of workers employed in the establishment or group of establishment in which it is formed: Provided that more than one establishment under the same employer, which are all..

Category: Labour and Industrial Law | Date: | Hits: 103

Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)

....ord- For the Appellants. Akram Hossain Amin, Advocate-on -Record- For the Respondent No. 1. Not Represented -Respondent Nos. 2-5. Civil Appeal No. 52 of 1992. (From the Judgment and Order dated 17 November, 1991 passed by the High Court Division, Dhaka in Civil Order No. 7174 of 1991). ......on 24.9.1350 BS at a yearly rent of Tk. 25.00 and was in possession since then by paying rents, etc., that while the plaintiff was in peaceful possession of the "Kha" schedule land he was served with notice dated 20.5.78 from the office of the Sub‑Divisional Officer, Natore to show cause why the s......assed by the Subordinate Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) a..

Category: Procedural Law | Date: | Hits: 111

Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)

...., instructed by Md. Aftab Hossain, Advocate-on-record -For Respondent No. 5. Ex parte - Respondent Nos. 1-4, 6 and 8. Civil Appeal No. 34 of 1992. (From the Judgment and Order dated 4.5.92 passed by the Hich Court Division in Writ Petition No 1454 of 19921) Judgment:......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 ......amal J.- This appeal by leave is from the Judgment and order of the High Court Division dated 4.5.92 dismissing summarily the appellant's Writ Petition No. 1454 of 1992 wherein the appellant prayed for issuance of a Rule Nisi calling upon respondent No. 5 Milon Md. Bachhu to show cause under what..

Category: Election Law | Date: | Hits: 106

Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)

....Respondent Nos. 1-3 and 5-7. Mvi. Wahidullah, Advocate-On-Record-For Respondent No. 8. Not represented‑Respondent Nos. 4, 9-12. Civil Appeal No. 54 of 1991. (From the Judgment and order dated 11. 12.89 passed by the High Court Division in Civil Revision No. 381 of 1985). Judgment: ......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 ......t Division in Civil Revision No. 381 of 1985). Judgment:  MH Rahman J.- The appellants filed Title Suit No.355of 1969 in the Court of Munsif, Dhaka against the Government and other respondents for permanent injunction in respect of CS Plot Nos. 11, 32 and 37 of SC Khatian No.139 of Mouza Nand..

Category: Limitation Law | Date: | Hits: 271

Sompong Vs. State, 1993, 22 CLC (AD)

....ant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989). ......The appellant being aggrieved by the said order moved court and obtained leave to appeal from the same. 4. In order to appreciate the point involved in the appeal it is necessary to briefly notice the facts of the case which led to the prosecution of the appellant and his colleagues and t......ge, Customs Preventive Unit, Mongla Port lodged an FIR with Mongla PS stating that on 28.6.88 at about 8.30 AM the appellant along with two members of the crew had come to the Customs Office and informed the informant that their trawler which was damaged had been lying at a distance. P.W. 1 visi..

Category: Criminal Law | Date: | Hits: 62

Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)

....e-on-Record- For the Respondent No. 1. Not Represented - Respondent Nos. 2‑4. Civil Appeal No. 74 of 1992 & Civil Appeal No. 32 of 1993. (From the Judgment and Order dated 28th May, 1992 and 11th August 1992 passed by the High Court Division in Administrative Appel...... 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 ......ministrative Appeal Nos. 3 & 26 of 1992 respectively). Judgment:            MH Rahman J.- Leave was granted in these two appeals for determination of a common question of law, namely, whether the respondent Government Servants i..

Category: Administrative Law | Date: | Hits: 114

Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)

....pellants in CA No. 29192). A Wadud Bhuiyan, Additional Attorney-General- Amicus curiae. Civil Appeal No. 28 of 1992 & Civil Appeal No. 29 1992. (From the Judgment and order dated September 19 1991 of the Administrative Appellate Tribunal passed in Administrative Tribunal ...... office discipline. In a departmental proceeding under Regulation 27(l) (e) of the Corporation's Service Regulations 1985 the Law‑Officer was found guilty. After serving a second show cause notice he was retired compulsorily by the Corporation's Order dated July 18, 1988. 3. After ......late Tribunal passed in Appeal No. 42 of 1991 modifying the Judgment and order dated June 6, 1991 of the Administrative Tribunal in Administrative Tribunal Case No. 235 of 1988. Quazi Nazrul Islam, former Law Officer of the Bangladesh House Building Finance Corporation, is the appellant in Civil..

Category: Administrative Law | Date: | Hits: 100

Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)

.... Advocate-on-Record -For the Respondent No. 1. M Nowab Ali, Advocate-on-Record - For the Respondent No. 2 (State). Criminal Appeal No. 22 of 1987. (From the Judgment and order dated 16.3.86 passed High Court Division, Chittagong in Criminal Revision No. 53 of 1984). J......11 then and laid down that in the facts as in the present case a complaint by the Court is necessary under section 195(1)(b). Evidently this case of the Indian Supreme Court was not brought to the notice of the High Court Division in which all the previous decisions of the High Courts of India w......ther the High Court Division was right in taking the view that no complaint by the court as required under section 195(1)(b) of the Code of Criminal Procedure 1898, briefly, the Code, is necessary for an offence under section 211 of the Penal Code falsely charging in an FIR/Complaint any person ..

Category: Criminal Law | Date: | Hits: 40

Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)

....Bhuiyan, Additional Attorney-General, with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No. 1 of 1992 (From the Judgment and order dated 17‑12‑1 passed by this Court in CPLA No. 292 of 1991). Judgment: &nb......ed himself wholly of his powers the same can no longer be shared with the delegatee unless the authority of the delegatee is cancelled and it is duly published in the official gazette, escaped the notice of the learned Advocate concerned and so it could not be placed for consideration at the lea......;12‑1 passed by this Court in CPLA No. 292 of 1991). Judgment:                 ATM Afzal J: Petitioner seeks for review of the order dated 17 December, 1991 dismissing his petition for leave to appeal No. 292..

Category: Administrative Law | Date: | Hits: 122

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

....fuddin Chaklader, Assistant Attorney-General, with him) instructed by Zinnur Ahmed, Advocate-on-Record-For the Respondents. Civil Appeal No. 18 of 1992. (From the Judgment and order dated 2nd March, 1992 passed by the High Court Division, Dacca in Writ Petition No. 1883 of 1991). ......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 ......der section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the public. The detenu was pre..

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)

....vocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For Respondent No. 1. Respondents Nos. 2-10-Ex parte. Civil Appeal No. 12 of 1988 (From the Judgment and Order dated 25.11.85 passed by the High Court Division in First Miscellaneous Appeal No. 203 of 1978). ......re not placed before this Court while disposing of CP No. 10 of 1974. Section 23 provides that in case of transfer of pre‑emptible non‑agricultural land the pre‑emptor has to file notices together with process fees for service thereof on all co‑sharer tenants who are not p...... setting aside the Judgment and order of the learned Subordinate Judge, 1st Court, Chittagong dated 25.5.78 in Miscellaneous Case No. 274 of 1976 dismissing the pre-emptor-respondents' application for pre‑emption under section 24 of the Non-Agricultural Tenancy Act, seeking to pre-empt the..

Category: Property Law | Date: | Hits: 85

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

.... - For the Respondent No. 2 (In CA 40 of 1991). Respondent Nos. 1, 3-6 - Not Represented (In CA 40 of 1991). Civil Appeals Nos. 31 and 40 of 1991. (From the Judgment and order dated 5th March, 1991 passed by the High Court Division Dhaka in Writ Petition No. 365 of 1987). ......f the Ministry of Industries on 28.1.76. Upon the failure of the Government to honour its own decision the respondents were obliged to file the present Writ Petition No. 36 of 1987 after serving a notice of demand of justice. 29. By filing a supplementary petition he respondents averred h......valid under the Nationalisation of Industrial Enterprises Order, 1972. 2. Facts of the case have been set out in detail in the Judgment of my learned brother Mustafa Kamal, J. I would therefore not repeat them but I shall discuss them in brief where it is necessary. Both these appeals..

Category: Property Law | Date: | Hits: 65

Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)

....ecord-For the Appellants. M Shamsul Alam, DAG instructed by Md. Nawab Ali, Advocate-on -Record -For the Respondent Criminal Appeal No. 14 of 1992. (From the Judgment and order dated 01.7.1992 passed by the High Court Division, Dhaka in Criminal Appeal No. 1066 of 1990). ......use and normally the area remains busy and people remain there at late night. Thus it is highly unbelievable that from such an area at 9‑00 PM the victim woman will be abducted without being noticed by any person and there was no hue and cry at the time of abduction of the victim woman by ......udgment and order passed by the Special Tribunal, Court No. 11, Dhaka in Special Tribunal Case No. 135 of 1989 convicting the appellants and sentencing each of them to suffer rigorous imprisonment for 7(seven) years and to pay a fine of Taka 500.00, in default to suffer rigorous imprisonment for..

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)

....Division in Writ Petition No. 431 of 1989).   Judgment: Mustafa Kamal J.- This is respondent -Bank's appeal by leave from the judgment and order of the High Court Division dated 14.2.91 in Writ Petition No. 431 of 1989 making the Rule absolute. The petitioner in the wri......t to indulge in such activities. He replied on 25. 1.88 on Union pad giving a show of threat and tried to justify his unauthorised activities. 10. Respondent No. 1 replied to the show cause notice on 4.2.88. He submitted with regard to the first charge that on getting the Bank's letter da......f the appellant-Bank, Bank of Credit and Commerce (Overseas) Ltd., shortly the BCCI and at the relevant time the General Secretary of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 of 1988, the First Labour Court, Dhaka held t..

Category: Labour and Industrial Law | Date: | Hits: 100

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

...., Senior Advocate, instructed by Md. Aftab Hossain Advocate -on-Record-For the Petitioner (In Criminal Petition No. 122 of 1992). Criminal Petition No. 117 of 1992. (From the judgment and order dated 23rd September, 1992 passed by the High Court Division in Criminal Revision No. 657 of 1992). ......ectly held that no sanction was necessary as the petitioner had already ceased to be a public servant when the Senior Special Judge took cognizance in the matter. 13. It is submitted that no prior notice was given to the petitioner asking him to declare his assets under section 4 of the Anti‑Co......) (1993) 48 ..

Category: Anti-Corruption Laws | Date: | Hits: 302

Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)

....Ahmed, Advocate-on -Record -For the Respondent No. 1. Miah Abdul Gafur, Advocate-on-Record -For the Respondent No. 2. Civil Appeal No. 25 of 1992. (From the judgment and order dated June 19, 1991 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 34 of 1988......ter considering AIR 1954 (SC) p. 194 and AIR 1961 Allahabad 326 held "a judgment which has been orally dictated in open Court can be completely changed before it is signed and scaled provided notice is given to all parties concerned and they are heard before the change is made." ......bsp;      MH Rahman J.- On April 15, 1960 the appellant was appointed as an Assistant Communication Engineer in the Civil Aviation Department. The Government of Bangladesh formed a corporate body, namely, Civil Aviation Authority of Bangladesh by Civil Aviation Authorit..

Category: Administrative Law | Date: | Hits: 125

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....AJ Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Respondent. Civil Appeal No. 7 of 1990. (From the judgment and order dated 8.8.90 passed by the High Court Division, Dhaka in First Appeal). Judgment: ......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 ......the High Court Division, Dhaka in First Appeal). Judgment:              MH Rahman J.- The husband, the appellant before us, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka..

Category: Property Law | Date: | Hits: 80

Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)

....by Sharifuddin Chaklader, Advocate-on-Record -For the Respondent Nos. 1-8. Not Represented ‑Respondent No. 9. Civil Appeal No. 48 of 1991. (From the Judgment and Order dated 12.5.91 passed by the High Court Division in Civil Revision No. 407 of 1985). Judgment......nership of suit property I think it is the proper forum to make decision in this respect. Hence I am of the opinion that the suit is not barred by any law". 10. The High Court Division noticed the statement in the plaint that if injunction is not granted then the Proceeding Case No. ......nd Md. Shahabul Huda Vs. Md. Sahafi 36   DLR (AD) 44, Re NP Essappa Chettiar AIR 1942 Mad. 756; The Corporation of Calcutta Vs. Bijoy Kumar and others AIR 1924 Cal. 334 and Commissioners for the Port of Calcutta Vs. Suraj Mull Jalan and others AIR 1929 Cal.464, Dinonomi Chowdhrani Vs. ..

Category: Property Law | Date: | Hits: 81

Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)

.... Syed Ishtiaq Ahmed, Senior Advocate, instructed, by Abul Quashem Bhuiyan, Advocate- on - Record -For the Respondents. Civil Appeal No. 51 of 1990. (From the Judgment and Order dated 10 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 1609 of 1989)......pellant, upon placing the facts of the case raised the only point for our consideration that the disconnection of the electric line to the appellant's mill having been made without giving 10 days' notice in writing as required under section 24 of the Electricity Act 1910 (Act IX of 1910) the act......n, Bangladesh Power Development Board & others................ Respondents Judgment August 31st, 1992. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate (Md. Lutifor Rahman Majumdar, Advocate with him) instructed by Md. Aftab Hossain, Advocate -on -Record- For ..

Category: Criminal Law | Date: | Hits: 71