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Kalu and another Vs. State, 1993, 22 CLC (AD)

.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......l is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... Shahabuddin Ahmed J. Kalu and another........ .....Appellants                      Vs. State ..................................Respondent Judgment July 21st, ...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..

Category: Criminal Law | Date: | Hits: 58

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 ......rpetrated atrocities upon the local people for which Ekhlasuddin had earned many enemies. The informant party and the accused persons are bitterly and inimically disposed towards each other. Golam Hossain and Belayet, father and maternal uncle respectively of appellant Nawabul Alam were murdered...... (Criminal) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nowabul Alam and others……………….Appellants Vs. State………….Respondent Judgment April 13th, 199......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 ..

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. ......gineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record-For the Petitioner...... ......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. ..

Category: Banking Law | Date: | Hits: 142

Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)

....Judgment:                          MH Rahman J.- On June 5, 1981 P.W. 1 Nur Mohammad lodged an information in the Nalchity Police Station, alleging, inter alia, that while he ......r 19th, 1992. Lawyers Involved: Abdul Malek, Sr. Advocate, (Zamiruddin Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik Advocate-on-Record-For the Respondent. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sobahan Howlader and ors………………….Appellants Vs. State   ................................Respondents Judgment Novembe......nted in connection with any other case.               Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..

Category: Criminal Law | Date: | Hits: 40

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

.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman Golchera Khatun being dead her heirs: Akhter Hossain and others (in all the Appeals) ............. Appellant Vs. Sayera Khatoon.........ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman Golchera Khatun being dead her heirs: Akhter Hossain and others (in all the Appeals) ............. Appellant Vs. Sayera Khatoon...............................Respondent Judgment December...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ..

Category: Property Law | Date: | Hits: 72

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

..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......y Attorney-General, (B Huss­ain, Deputy Attorney‑General with him), instructed by Shamsul Haque Siddique, Advocate-on-Record-­For Respondent No. 2 (In CA No. 14 of 1993). Amir Hossain Khondker, Advocate (appeared with leave of the Court) (M A Tarek, Advocate with him), instr...... M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Secretary of Aircraft Engineers of Bangladesh and anr ……………Appellants Vs. Registrar of Trade Unions and ors   .........................Respondents  ...... ..

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

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

....Mosar Ali Pramanik and others……...............Plaintiff-Respondents  Judgment February 7, 1993. Cases Referred to-  Waliullah Munshi Vs. Lodu Mia 38 DLR (AD) (1986) 308; Nur Mohammad Vs. Ashraf Ali 39 DLR 325 and Parimal Majumdar Vs. A Sobhan, same volume 352; AIR 1953(SC) ......and Parimal Majumdar Vs. A Sobhan, same volume 352; AIR 1953(SC) 73 (M/S I & M Ltd. Vs. Pheroze Fram roze). Lawyers Involved: N H Khandkar, Advocate-on-Record- For the Appellants. Akram Hossain Amin, Advocate-on -Record- For the Respondent No. 1. Not Represented -Respondent Nos. 2-5...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Latifur Rahman J Babar Ali Pramanik and others ……………………Petitioners-Appellants  Vs. Mosar Ali Pramanik and others……...............Plaintiff-Respondents  Judgment ......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..

Category: Procedural Law | Date: | Hits: 111

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 ......;     Vs. Hosne Ara Begum and others....................... Pre‑emptee-Respondents Judgment April 21st, 1993. Cases Referred to- Ahmed Hossain Vs. Basharat Ali 32 DLR (AD) 54; Hazi Tozambar Ali Vs. Abdus Sattar 34 DLR (AD) 217. ......llant                                 Vs. Hosne Ara Begum and others....................... Pre‑emptee-Respondents J......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 ..

Category: Property Law | Date: | Hits: 72

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

....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 ......n, Senior Advocate (MA Wahhab Miah, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-record -For Respondent No. 5. Ex parte - Respondent Nos. 1-4, 6 and 8. ......) Present: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents ......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 ..

Category: Election Law | Date: | Hits: 106

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 ...... (AD) 1. Lawyers Involved: SR Paul, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-On-Record-For the Appellants. A Wadud Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-On- Record—For the Respondent Nos. 1-3 and 5-7. Mvi. Wahidullah, Advocate-On-...... 112 ......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)

....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 ......sed-Appellant Vs. State …..............Respondent Judgment January 18th, 1993. Lawyers Involved: Md. Korban Ali, Advocate, instructed by Md. Aflab Hossain, Advocate-on-Record-For the Appellant. Shamsul Alam, Deputy Attorney‑G......llate Division (Criminal) Present: AM Rahman J ATM Afzal J   Mustafa Kamal J Latifur Rahman J Sompong.............Accused-Appellant Vs. State …..............Respondent Judgment January 18th, 1993. ......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)

.... 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 ......al Asstt. Electrical Engineer, Central Rly. AIR 1979 (SC) 1912; State of UP Vs. Ram Naresh AIR 1970 SC 1263 (1265). Lawyers Involved: AW Bhuiyan, Additional Attorney‑General (B. Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Wahidullah,Advocate-on-Record ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Government of the People's Republic of Bangladesh ........................Appellant Vs. Abdul Motaleb Dewan and ors …………………&hel......s. Union of India AIR 1964 SC 449, State of UP Vs. Madan Mohan Nagar AIR 1967 SC 1260; State of UP Vs. Shyam Lal AIR 1971 SC 2151 and Union of India Vs. Tulsiram Patel 1985 SC 1416; Rangachari Vs. Secretary of State AIR 1937 PC 27; Krishna Kumar Vs. Divisional Asstt. Electrical Engineer, Central..

Category: Administrative Law | Date: | Hits: 114

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

....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......llip;………….Respondent (In CA No. 29/92) Judgment April 22nd, 1993. Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant (In CA No. 28.92 & Respondent in CA No. 29/92) ......;……..Appellant (In CA No. 28/92) Bangladesh House Buil­ding Finance Corporation …………………..Appellants (In CA No. 29/92) Vs. Bangladesh House Building Finance Corporation.................Respondents (In CA No. 28/......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ..

Category: Administrative Law | Date: | Hits: 100

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 ......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 ........Appellant                                Vs. Abdul Kader and other............................Respondents Judgment Ma...... 9. Facts of that case, AIR 1979 (SC) 777, briefly, are that the appellant Kamalapati Trivedi was a Head Teacher of the Bharatiya Primary School in Howrah and one Satya Narayan Pathak was the Secretary of the said school. On 18 April, 1970 the appellant filed an FIR alleging that Satya Nara..

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 ......angladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers Involved: Moinul Hoque, Advocate, instructed by Md.  Aftab Hossain, Advocate-on-Record-For A Petitioners Aminul Huq, Attorney-General (AW Bhuiyan, Addi......Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents ......stafa Kamal J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December 10th, 1992. Lawyers In..

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 ...... Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawyers Involved:  Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy Attorney-General, (Shar...... Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 3......ast Pakistan Vs. Rowshan Bijaya 18 DLR 214, Bangladesh Vs. Mohd. Abdur Razzak and another 43, Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD)1 and Sayedur Rahman Khalifa Vs. Secretary, Ministry of Home Affairs & ors 1986 BLD 272. 9. It is further contended that ..

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)

.... DLR (AD) (1993) 86 ......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 ......ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Golam Mohammad..............................Appellant Vs. Sree Sailendra Nath Kanangoe being dead his heirs Sree Biman Behari Kanangoe and others......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)

....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 ......1 (Mad) 158; The State of Madhya Pradesh & others Vs. Vishnu Prasad Sharma and ors. AIR 1966 (SC) 1593. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record,  -For the Appellants(In CA 31 of 1991). Dr. Rafiqur Rahman.........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......late Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........

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 ......l Khaleque and others Vs. State 12 DLR (SC) 165; 19 DLR (SC) 259 & Rameshwar Vs. State of Rajasthan 1952 SCR 377. Lawyers Involved: Abdus Sobhan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. M Shamsul Alam, DAG instructed by Md. Nawab ......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 ..

Category: Criminal Law | Date: | Hits: 66

Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)

....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 ......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 ......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......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 People's Republic of Bangladesh an..

Category: Constitutional Law | Date: | Hits: 150