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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...... (In CA No. 15 of 1993). Hassan Arif, Deputy Attorney-General, instruct­ed by B Hossain, Advocate-on-Record-For Res­pondent Nos. 1 and 2. (In CA No. 15 of 1993). Amir Hossain Khandker, Advocate (appeared with leave of the court) (M A Tarek, Advocate with him), instructed by...... 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)

....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. ......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......LR (AD) (1986) 308; Nur Mohammad Vs. Ashraf Ali 39 DLR 325 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 th...... 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 ..

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. ......ent 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. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (MA Wahhab Miah, Advocate with him), instructed by Md. Sharifu......llant                                 Vs. Hosne Ara Begum and others....................... Pre‑emptee-Respondents J..

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. ......ellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 1993.  Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-......) 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 ..

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-......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 ...... 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......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 ......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. ..

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 ...... 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 ...... 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..

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) ......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 ......;……..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/..

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 ......rson" as used in section 211 of the Penal Code." 6. The learned Judges in support of the above proposition relied on some decisions of the Calcutta High Court, namely Haibat Khan, ILR 33 Cal. 30; Tayabullah ILR 43 Cal. 1152=AIR 1917 Cal. 593 Ganga Prasad, AIR 1941 Cal 263.........Appellant                                Vs. Abdul Kader and other............................Respondents Judgment Ma..

Category: Criminal Law | Date: | Hits: 40

Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)

....sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......n (Civil) Present: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Latifur Rahman J. Serajul Islam .................................Petitioner Vs. Bangladesh Consumer's Supply Company Ltd. and another .............Respondents J..

Category: Labour and Industrial Law | Date: | Hits: 79

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......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 ......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 ..

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......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 ...... 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..

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 ......pondents Judgment January 20th, 1993. Cases Referred to-  Hosne Ara Begum & ors. Vs. Mosammat Anowan Begum & others, 37 DLR I54; Nelly Zaman Vs. Giasuddin Khan, 34 DLR (AD) 221; Shafique Mia Vs. Meherunnessa and another CP No. 10 of 1974 (digested in Ba......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..

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......its that PO No. 16 of 1972 did not either expressly or', impliedly repeal APO No. 1 of 1972. It was a continuing legislation and on 7.3.72 it was still permissible to act under APO No.1 of 1972. K. Khandker Mahbubuddin Ahmed, learned Advocate for the respondents, submits on the other hand, that .........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..

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 ......he crime, or at least by some circumstance connected with the woman which would serve by itself to show that her story of forcible intercourse is true. 10. In the case of Momtaz Ahmed Khan vs. State reported in 19 DLR (SC) 259, their Lordships of the Supreme Court of Pakistan held ......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..

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 ......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..

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)

....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 ...... Lawyers Involved: Rafique‑ul Huq, Senior Advocate (Mr. Khalilur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record -For the Appellant. Asrarul Hossain, Senior Advocate (Syed Amirul Islam, Advocate with him), instructed by Mvi. Md. Wahidullah,......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 ...... Mustafa Kamal J   Latifur Rahman J.   Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant   Vs.   Tajul Islam Chowdhury and another……………...

Category: Labour and Industrial Law | Date: | Hits: 100

Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

....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. ......es Referred to- AFM Shah Alam Vs. Mujibul Huq and others 41 DLR (AD) 68; Abdur Rab Mia Vs. Fazlur Rahman 43 DLR (AD) 23, AC Jose Vs. Sivan Pillai AIR 1984 SC 921. Lawyes Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate-on­-Record- For the Appellant (In......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. ......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 ...

Category: Election Law | Date: | Hits: 117

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

....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 ......o reported in: 45 DLR (AD) (1993) 48 ......ion No. 1 19 of 1992] Md. Shahinur Islam and another.........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 [I.........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..

Category: Anti-Corruption Laws | Date: | Hits: 302

Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)

....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 ...... Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Serajuddin Ahmed, Advocate-on- Record - For the Appellant. AW Bhuiyan, Additional Attorney‑General, (B. Hossain, Deputy Attorney-General, with him), instructed by Zinnur Ahmed, Advocate-on -Record -For t......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 ......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..

Category: Administrative Law | Date: | Hits: 125