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Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....12.6.91 rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction ......91 rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction over ..Category: Property Law | Date: | Hits: 66
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
.... Not represented - The Respondents. Civil Petitions for Leave to Appeal No. 76 of 1992. (From the Judgment and order dated 25.11.91 passed by the High Court Division, Dhaka, in Civil Rule No, 115(F) of 1990). Judgment &n......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
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... Court to the appellant in Civil Petition No. 338 of 1978 preferred against the Judgment and order dated 7.7.1978 passed by the High Court Division in Writ Petition No. 163 of 1978 making the rule absolute and acquitted the accused-respondents who were convicted under sections 395 and 397 of the..Category: Criminal Law | Date: | Hits: 48
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....Respondent No. 5 was not a local authority and the Writ Petition was not maintainable and the relationship between Respondent No. 5 and its employees was that of master and servant. After the Rule issued in that matter was discharged the Government decided to liquidate the Company through C......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
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 ......ab was not with him. P.W. 14 Sk Wahidur Rahman clearly stated in his evidence that P.W. 10 Alamgir, P.W. 4 Wahab and Laik went to the Police Station and informed him about the occurrence. There is absolutely no suggestion to him that he had mistaken Nawab for Wahab or that he interpolated the Ge..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....ect assets upon negotiation to respondent No. 8 and delivery of the sale certificates in pursuance thereof. 3. The High Court Division by the impugned Judgment dated 9 December 1992 discharged the Rule in the said writ petition. 4. In order to appreciate the point raised by Dr. Kamal Hossain, ......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
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....light Engineers and Navigators Association, Aircraft Workshop Technical Workers Union and Society of Aircraft Engineers of Bangladesh Biman along with their respective Presidents obtained separate Rules Nisi respectively in Writ Petition Nos. 1311, 1923, 1924, 2648 of 1990 and 133 of 1991 in ord......vely in Writ Petition Nos. 1311, 1923, 1924, 2648 of 1990 and 133 of 1991 in order of filing. By a common Judgment and order dated 14.7.92 a Division Bench of the High Court Division made the Rule absolute in Writ Petition No. 1311 of 1990 and made the Rule partly absolute in the other writ peti..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....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
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....al 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 authority he cla......ourt Division means the continuance of the previously existing state of affairs and until the order of stay is vacated or varied or until the Rule Nisi is disposed of the order under challenge has absolutely no effect. The effect of the view taken by the High Court Division will be that from 9.9..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....of the Code will depend on facts of each case. A Judgment in ex parte cases shall however state specifically and explicitly which of the reliefs are granted and against which of the defendants‑ see Rule 143 of the Civil Rules and Orders Vol. 1. 14. In an application under Order IX rule 13 two q......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
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....dent. It is submitted that notwithstanding its finding be circular was not issued by an order of the President of the Republic or by any amendment of the Government Servants (Discipline and Appeal' Rules 1985, the Tribunal ought to have held that the Chief Conservator of Forests could delegate t...... 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)
....984, to the High Court Division (Chittagong Bench) against the said order of acquittal. By the impugned Judgment and order dated 16 March, 1986 a Division Bench of the High Court Division made the Rule absolute in the aforesaid revision case and remanded the appeal to the court of the Additional......to the High Court Division (Chittagong Bench) against the said order of acquittal. By the impugned Judgment and order dated 16 March, 1986 a Division Bench of the High Court Division made the Rule absolute in the aforesaid revision case and remanded the appeal to the court of the Additional Sess..Category: Criminal Law | Date: | Hits: 40
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
.... 2. The petitioner who was a Collector of Customs and Excise at Khulna upon conviction by a Special Martial Law Court was compulsorily retired from service by notification dated 4.8.93 under Rule 4(3) (b) of the Government Servants (Discipline and Appeal) Rules, 1976, hereafter referred t......to show any authority for the proposition that in such circumstances an order passed by the delegator instead of the delegatee will be wholly without jurisdiction, more so, when 11cdclevator wields absolute power and the delegate in his nominee.” 7. Mr. Moinul Huq, learned Advocate f..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....p; MH Rahman J: This appeal by leave is directed against the Judgment and order dated March 2, 1992 of the High Court Division, discharging the Rule issued in Appellant's Writ Petition No. 1883 of 1991 under Article 102(2) (b) (i) of the Cons...... the learned Deputy Attorney‑General. We were surprised to find that there is not one jot or little more fact than what had already been disclosed in the ground and the affidavits. There was absolutely no necessity to refer to the confidential file as there was nothing confidential in it. ..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)
....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)
.... PO No. 27 of 1972 on 17.5.72. 20. The Company and three of its directors as petitioners filed Writ Petitions No. 365 of 1987 against the appellants in these two appears whereupon a Rule Nisi was issued and after hearing the parties a Division Bench of the High Court Division by J......ellants in these two appears whereupon a Rule Nisi was issued and after hearing the parties a Division Bench of the High Court Division by Judgment and order dated 5‑3‑91 made the Rule absolute declaring that the taking over Of the Company and its assets and properties was without la..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 ...... 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)
.... 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 writ petition (respondent No. 1 herein) Tajul Islam Chowdhury,...... 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 writ petition (respondent No. 1 herein) Tajul Islam Chowdhury, a c..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s. 2. Elections of Union Parishads are held by the Election Commission under the Local Government (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Article 118 of the Constitution of B......er learned Advocates who have appeared for the appellants. Dr. Kamal Hossain has, however, added a "rider" to his submission saying that the power of superintendence, control and organisation, is not absolute and that it cannot be exercised arbitrarily, overriding the rules and procedure specificall..Category: Election Law | Date: | Hits: 117
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....85 (Ordinance No. XXXVIII of 1985). The employees of the Civil Aviation Department, hitherto enjoying the terms and conditions of the Government servants, refused to be governed by the new Service Rules and Regulations framed under the Ordinance No. LI of 1985. Some of them went on strike with e......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
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