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Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....th the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......ase is that on hearing about the sale after making necessary search in the Sub‑Registrar's office and on taking a certified copy of the Kabala on March 8, 1973 they came to know for the first time about the transfer of the case land. Their further case is that no notice of sale was served ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....t Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......ed an order of status quo restraining the appellant from making any construction over the land in dispute. 2. Respondent No. 1 instituted the aforesaid suit on 11.10.89 for declaration of title to recovery of possession and permanent injunction in respect of the suit land described in Schedule 1 ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......ew landlords purposely avoided receipt of the money order by constantly remaining absent from their houses. Thereupon, the tenant filed an application before the Rent Controller within the prescribed time to deposit the rent. But upon an objection from the two landlords, the deposit was refused. The...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....ch will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......f the condonation matter which were not taken in the application for condonation itself. One such ground is, that the required fund for payment of court‑fee was not available at the relevant time. Another ground, which was in fact given serious consideration by the High Court Division, is ......le therein. TS No. 69 of 1981 was filed by respondent for a declaration that the property is an abandoned property; and TS No. 339 of 1981 was filed by the petitioner for a declaration of title and recovery of possession. The trial Court, namely Subordinate Judge, 3rd Court, Dhaka by a common Ju......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....t 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 ......mpletion of investigation he submitted charge‑sheet against the accused persons. 6. The defence does not deny the factum and place of occurrence but challenges the manner of it and the time. The defence case is that deceased Ekhlasuddin was an MP from Awami League between 1973-75. He......esent case the straight forward nature of the deposition of these two witnesses and the fact that they were undoubtedly in a position to identify the assailants of their father coupled with the recovery of blood stained earth from the place of occurrence leave no reasonable doubt about the g......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)
.... 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. ......and the leave to appeal from the Judgment of the High Court Division was also dismissed by this Division on 21.5.1990. 2. Then the petitioner filed the present Writ Petition No. 1625 of 1990, this time calling in question the validity of the sale of the project assets upon negotiation to responde......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. ......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)
....her case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......al Sessions Judge, Third Court, Barisal for disposal. The two matters came up before the High Court Division for quashing. The High Court Division stopped the latter case as it was not tried within time, prescribed under section 339C of the Code of Criminal Procedure. 4. The appellants al......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......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
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......e purpose of realization of rent and that the Tahsilder and Assistant Tahsilders were in charge of separate blocks. The learned Judge also noticed that due to heavy rush of tenants at the relevant time the rent receipts were admittedly used to be written at times even by paiks and outsiders. It......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
.... 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 ......rcent of the total number of workers employed in the establishment or group of establishments in which it is formed. Plainly speaking section 7(2) implies that there cannot be at any given point of time, more than 3 registered trade unions in an establishment. The registration of a trade union m....... 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 ....... 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 ..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....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. ......rned Advocate‑on-Record for the pliantiff‑respondent, has submitted that whereas in the earlier suit the Government admitted that the appellants were lessees in respect of the suit land at that time there is no such statement in the written statement filed by the Government in the present suit......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. ......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
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
.... 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 ...... 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 ......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)
....cial Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......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 ......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)
.... 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 ......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...... 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 ...... 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 ..Category: Administrative Law | Date: | Hits: 114
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....95(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 ......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 ......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)
....vation 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 ......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 ......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)
.... 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 ......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 ......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)
....s, 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 ......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......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 ......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 ..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....iction 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 ...... 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 ...... 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)
....8209;termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ...... 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......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)
....peals 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. ......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. ......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
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