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Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
.... 4. Appellant's contend that the cases cited before the High Court Division have got no relevance in the instant case. It is urged that the High Court Division also erredin entertaining for the first time a photocopy of the Gazette Notification dated November 17, 1955. It is submitted that the failu......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 ..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....mitted that they did not give the goods to the Police. 6. It appears from the copy of the order‑sheet of M Special Tribunal that some samples of the seized goods were produced at the time of trial and only those samples remained in the custody of the Court on the day of delivery of......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....ued 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 Administrative Tribu......d the Chief Conservator of Forests was the appointing authority, he cannot be removed from service by an order of the Conservator of Forests on the strength of a circular subsequent to the date of appointment. 3. The Government's case is that the Circular dated 4.6.81 was passed, in super..Category: Administrative Law | Date: | Hits: 114
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ers he passes during investigation by the police including an order of discharge upon submission of final report by the Police are ministerial or administrative in nature. The Magistrate until the time of taking cognizance on police report merely supervises a proceeding before the Police and the......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 ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....my and that bahini is still existing. The detenu's terrorising activities were cruel and barbarous. He himself gouged in public both the eyes of one Kawsor Molla. Keeping himself inactive for some time after the fall of former Ershad Government the detenu has resumed his various anti‑socia......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 ..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)
....pecific objection that Amalendu Dev was left out. It only transpired from the cross-examination of the pre‑emptor that Amalendu Dev purchased a portion of the case plot asserting at the same time that he was not a co‑sharer as his name is not in the RS khatian. Secondly, nor was any ......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)
....ondents continued to make representations to the Government, one after another, for releasing the enterprise making the same contention that it was not an abandoned property but the Government this time replied that since this industrial enterprise was placed under the Corporation under PO No. 2......t of the People's Republic of Bangladesh hereby authorise the Ministry of Commerce to take over the management of, and operate those concerns, firms and companies either directly or through the appointment of administrators or otherwise, and generally conduct all ancillary matters and to car..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... air gun. Subsequent thereto she lodged the First Information Report and after‑4 days she was medically examined by P.W. 6 Dr, AKM Ayubullah. P.W. 8 ASI Kazi Anwarul Islam who at the relevant time was attached to the Mirpur Police Station, investigated into the case and submitted charge sh...... 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)
.... petitioner in the writ petition (respondent No. 1 herein) Tajul Islam Chowdhury, a cashier of 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 m......prior approval. He also draws our attention to section 5(3) of the Act and submits that remaining absent beyond the period of leave originally granted is attended with loss of lien to the worker's appointment unless he returns within 10 days of the expiry of his leave and explains to the satisfa..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....for a number of matters one being circumstances under which poll may be suspended and fresh poll may be held". Rule 29 of the Union Parishad Election Rules provides as follows: "If at any time, the poll at the polling station is interrupted or obstructed for reasons beyond the control ......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)
....stitute an abetment of any offence under Act II of 1947. 19. The petitioner in Criminal Petition for Leave to Appeal No. 121 of 1992, M M Rahmatullah, was the Chairman of the RAJUK at the relevant time. His contention is that the President, as the Head of the State, in his own hand‑writing pass......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 ..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....ion that I have given to the word 'rehearing' I like to point out that it is an accepted principle of procedure that prior notice for rehearing is to be given to the parties who were present at the time of the hearing of the matter earlier. This principle is in consonance with justice and is to ......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)
....ed action, this still leaves a wide area in which the court could exercise an unfettered discretion to deal with the title in whatever way it thinks just in the circumstances as they exist at the time of the courts determination which is generally after the break‑up of the marriage."......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
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....ite any contrary decision from our own jurisdiction although there are contrary decisions of other High Courts. In such 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 (A......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 ..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....he High Court Division in Civil Revision No. 407 of 1985). Judgment: Mustafa Kamal J.- Some time after a proceeding under section 145 Cr.P.C. was drawn up against the appellant in this appeal......SDO (South), Dhaka for drawing up a proceeding under section 144 Cr.P.C. against deceased defendant No. 1. It arose, according to her, for the first time on 7.3.79 when the order of attachment and appointment of receiver was made. Whether this open invocation of the order of attachment and appoi..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....he appellant had consistently failed to pay the dues of the PDB since taking connection in 1985 and that he had always been taking re‑connection unauthorisedly through his own mechanic every time and continuing with the consumption of electricity after the PDB had disconnected the line. ...... 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
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....d appellant is a trader in fish at Chuadanga. Both of them had long‑standing business relationship regarding sale and purchase of hilsha fish. Because of mutual confidence the complainant sometimes sold fish to the accused on credit and the latter paid the price in due time. The complaint ......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 ..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....ho failed to maintain their co‑sharership till the end of the proceeding and have no application to the facts and circumstances of the present case. If a pre-emptee is not a co-sharer at the time of transfer or at the time of the institution of pre‑emption proceeding, as in the prese......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 ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
..... 342 and 346 are described, as hats and in the remarks column it is stated 'Gohata once in a week on every Tuesday'. The hats remain vacant except being used as a hat for sale of cattle for some time once a week. In the circumstances of the case, we are of opinion that the bazar in question d......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)
....the absence of the plaintiff including the order of rejection of the plaint dated 5.4.86. The trial Court did not reject the plaintiff’s plea that the case records remained untraced for some time. In these circumstances the restoration of the suit in exercise of the Court's inherent power ...... 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 ..Category: Property Law | Date: | Hits: 49
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