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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 ......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 .............................Respondents Judgment March 31, 1993. Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by Md. Nawab Ali, Advocate-on-Record -For the Petitioner. Not Represented -Respondents. Civil Pet..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)
....ce of work throughout the whole day without any permission ii(n the authority is wilful disobedience to a lawful order of a superior and an act subversive of discipline. He relies upon the case of State of Punjab Vs. Ram Sing, AIR 1992 (SC) 2188 in support of his submission. 18. Mr. Asra...... 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 ......slam Chowdhury and another……………..Respondents Judgment February 23rd, 1993 Cases Referred to- Md. Shohrab Ali Dewan Vs. Chairman, Second Labour Court 1978 BSCR 477 and SN Quddus Vs. Chairman, Labour Court,..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....) 23. In the first mentioned case this Court also referred to some decisions of the Indian Supreme Court as to the Election Commission's power for directing repoll in elections held to Parliament and State Legislatures and observed: "The Election Commission has been given the power from start t......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 .......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. ......Kashem Molla and others .................. Respondents (In Civil Appeal No. 55 of 1992) Election Commission………………. Appellants [In Civil Appeal Nos. 53 to 57 of 1992] Vs. Akbar Ali and others .............. Respondents (In Civil Appeal No. 56 of 1992) Election Commissionâ€..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....tioners [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 Involv.........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 ......Act II of 1947 and Act XL of 1958 are being administered together as complementary to each other for about five decades. 23. Our attention is drawn to Abdul Halim Pattader, and others Vs. M Rahmat Ali and others 33 DLR 379 where one of us, ATM Afzal J, held: "Abetment" is an offence by its..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....r Rahman 31 DLR 124 and General Manager, Jamuna Oil Company Vs. Golam Rahman & another 34 DLR (AD) 166; Beni Madho Prasad Singh Vs. Adit and others AIR 1953 Allahabad 416, Surendra Singh Vs. State of Uttar Pradesh AIR 1954 (SC) 194 at P 197, Faulad and another Vs. State AIR 1961 Allahabad ......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 ......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)
....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 ......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 ...... TH Khan, Senior Advocate (Mr. AM Wahab Miah, Advocate with him) instructed by Mr. Aftab Hossain, Advocate-on-Record -For the Appellant. MH Khondker, Senior Advocate (Mr. AJ Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Responde..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....p; Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992. Cases Referred to- Shah Muhammad Vs. Huq Nawaz and the State 23 DLR (SC) 14 and Md. Shahabul Huda Vs. Md. Sahafi 36 DLR (AD) 44, Re NP Essappa......; 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 ......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 ..Category: Property Law | Date: | Hits: 81
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 ......e Court Appellate Division (Criminal) Present: 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 an..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....the land of Plots Nos. 10803, 10804, 10793 and 10794 and over a nominal portion of the southern side of Plaintiffs Plot No. 107116, and that the plaintiffs suit was barred by section 20(2a) of the State Acquisition and Tenancy Act. 4. The trial court decreed the suit after considering the...... 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 ...... Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37, ‑15 DLR (SC) 139; Yusuf Ali Chowdhury Vs. Province of East Pakistan, 11 DLR (SC) 316; A. Roberio Vs. Labour Appellate Tribu..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 ......31st, 1991. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Zakir Hossain, Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent No. 2. ..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....so Reported in: 45 DLR (AD) (1993) 13. ....... ......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. ......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. ..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....minal) 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. Ca...... (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 ...... Siddique ........................Appellant Vs. State ...............................Respondent Judgment August 31st, 1988. Cases Referred to- Mian Mahmud Ali Qasuri & others Vs. State 15 DLR (SC) 429; Faizur Rahman Sarkar Vs. State, Criminal Appeal ..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....gainst the judgment of a learned Single Judge of the erstwhile High Court of East Pakistan. 2. The appellant filed Miscellaneous Case No. 320 of 1957 for pre-emption under section 96 of State Acquisition and Tenancy Act having land contiguous to the land transferred to strangers ...... Syed A. B. Mahmud Husain J Muhammad Abdullah Jabir J Abdul Hamid Kazi…………………………….Appellant Vs. Abdul Jabbar Jamadar and others…………………&......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......ned Munsif under Order 22, rule 9 of the Code of Civil Procedure, being Misc. Case No. 158 of 1961 for setting aside the abatement caused on the death of the original opposite party No. 1 Eskendar Ali alias Raja Miah. The learned Munsif after hearing the parties ordered "that the misc. case..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....that of the trial Court which granted preemption, with the modification that pre-emption, was granted under 26F of the Bengal Tenancy Act, and not under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The pre-emptor, respondent No. 1 in this appeal had d...... J Begum Asia Rahman………………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others…………………&......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......iyan and others………………………………Respondents Judgment July 18, 1973. Lawyers Involved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appell..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....gham Vs Mellon, 262 U.S. 447= 67 L. ed. 1078 and Joint Anti. Fascist Com V. McGrath, 31 U.S. 132s 95 L. ed. 817; Charanjit Lai V Union of India, AIR 1951 SC 41; Calcutta Gas Co. Prop.) Ltd. V. State of W Bengal, AIR 1962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 ...... 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." ......1; Radha Krishna Das Vs Rai Krishna Chand. LR 28 IA 182, Radhar Krishna Ayyar Vs. Swaminatha Ayyar, LR 48 LA 31; Member, Board of Revenue Vs Akhtar Khan, PLD 1968 SC 270; Shasi Bhusan Vs Asgar Ali, 20 DLR (SC) 217; McCabe Vs. Atchison 235 U S. 151; 59 L. ed. 169; Massachusetts Vs. Mell..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......(Criminal) Present: A M Sayem CJ A B Mahmud Husain J Ahsanuddin Chowdhury J Begum Hamida w/o Abdul Hamid…............................Appellant. Vs. Abdul Hamid………………………&hell......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......R (WP) 37; Kent Vs Kent. ATR 1926 Mad. 59: Tubi Das Vs Sm Soroju Devi. AIR 1933 Cal 406 ;M Bulteel, Vs R C. Bulteel, AIR 1938 Md 721 ; Bai Pravabati Vs. Sumatilal, AIR 1954 Bom 546: Mohammad Ali Vs. Mt Sakina Begum, AIR 1944 Lah. 392. Lawyers Involved: Aminul Huq, Advocate-o..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....rporation, AIR 1950 Cal. 36: Hussain Ali Vs. 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....... 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. ......ip;…..Respondent Solicitor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M. Ali Akbar and others.....................Respondent Judgment ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
.... No. 47 of 1973] And Md. Shahid Ali…………………Petitioner [In Petition No. 48 of 1973] VS State………………………… Respondent ......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. ......minal) Present: A.M. Sayem CJ A.B. Mahmud Husain J Hafez Maulana Md. Noor-uddin...............Petitioner [In Petition No. 47 of 1973] And Md. Shahid Ali…………………Petitioner [In Petition No. 48 of 1973] ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
.... (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Lawyers Involve...... Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Law......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......A.M. Sayem CJ A. B Mahmud Husain J M. A. Jabir J Halcyon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, represented by Collector o......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110