Search Options
Judgment Advanced Search
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......quate opportunity to the appellant to prove the genuineness of the kabala dated 20.8.1970 held the same to be invalid. The procedure adopted by the Court of Settlement being not in confirmity with law and the learned Judges of the High Court Division having not at all given their attention to th..Category: Property Law | Date: | Hits: 63
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......lure to conclude the trial within the prescribed time. 7. This Court held in Alauddin Molla & ors Vs. State and others 40 DLR (AD) 282. "There cannot be any objection in law to the two cases being heard by separate judges but it has been held in many decisions of th..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 ......tion of fragmentation of such a holding, and also for the convenience of the tenants holding land contiguous to the land transferred. But it is also a clog on transfer of property. Any provision of law barring a claim of pre‑emption must be strictly construed. 4. Sub-section (4) of ..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 ......oners had their own separate stories to tell, but the High Court Division, concentrating on their common cause, held that the common impugned order of the Registrar dated 2.5.90 was passed without lawful a6thority as it had not been mentioned anywhere in the said order that there was any doubt o..Category: Labour and Industrial Law | Date: | Hits: 103
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 ......sp; Shahabuddin Ahmed CJ.- In this appeal by special leave the only question is whether the High Court Division is well founded in law in refusing pre-emption in full on a finding that the land of the Pre-emptor, who is a contiguo..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 ......12.91 and the acceptance thereof on 8.12.91 respondent No. 5 was a disqualified person within the meaning of section 7(2) (f) of the said Ordinance. The High Court Division, it was urged, erred in law in holding that the order of cancellation of dealership came into effect from 25.8.91 upon the ..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 ...... also rejected as explanation for the delay was not found to be satisfactory. The appellate Court upheld that order. It held that die defendant did not explain each day's delay and the failure of the law clerk to inform the Government pleader about the next date of hearing was not sufficient ground ..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 ......Tribunal. Now that the order of conviction and sentence was set aside by the High Court Division and the appellant and others were acquitted of the charges, the question is under what provision of law an order of confiscation of the seized goods could be maintained Was the order of confisc..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 ......2 respectively). Judgment: MH Rahman J.- Leave was granted in these two appeals for determination of a common question of law, namely, whether the respondent Government Servants in CA No. 74 of 1992 and CA No. 32 of 1993 ..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 ......e state of construction justifying issuance of the 4th cheque was against office discipline. We do not find the charge as vague. The delinquent, being the Law‑Officer, was conversant with the law applicable in his case. 9. Neither before the Inquiry Officer, nor in his reply to the ..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 ......ts of the case, briefly, are that the appellant lodged an FIR with the Panchlaish Police Station on 10.8.75 alleging that on the day before, respondent No. 1 Abdul Quader and others by forming an unlawful assembly forcibly trespassed into his house and assaulted him and other inmates of the hous..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 ......ion previous good service of an employee before awarding him punishment and observed that it was purely a matter of discretion of the employer. We, therefore, find no violation of any provision of law in High Court Division's order restoring the petitioner's dismissal from service. The petition ..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 ...... The answer was given in the affirmative. 10. In the present case, there is no delegation of authority in that sense by one to the other under the provisions of a Statute. Here the law‑giver, namely, the CMLA who is the source of all authority, directs that the President wi..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....e country deteriorated. Within less than a year from the day the Constitution came into effect, the Constitution (Second Amendment) Act, 1973 (Act No. XXIV of 1973) was passed on September 22, 1973 amending Article 33 of the Constitution. It provided for clear derogation from the fundamental rig......ated August 18, 1991 under section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the pub..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 ......nancy Act requiring co‑sharers to be added as parties. He also submits that in the absence of any provision as to who may be added as parties in a proceeding under section 24, the procedural law, namely, Order 1, rule 3 and Order I rule 10(2) CPC will govern the field. 6. Mr. SC Da..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 ......lied that since this industrial enterprise was placed under the Corporation under PO No. 27 of 1972 it already vested in the Government and that this vesting could not be questioned in any court of law. Government, however, indicated that the enterprise might be disinvested or transferred to the ..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 ......record as a great doubt as to the truth o the prosecution case arises in the facts A circumstances of the case and consequently to examine if the learned Judges of the High Court Division erred in law in not granting benefit of doubt to the accused appellants in the case. 5. In this case..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 ......for being elected as an Officer of such Society unless a period of 2 years has elapsed before the expiry of his last term as such a Member. 3. The High Court Division held that the impugned law not only applies against the petitioner but also against all persons who had been Members of a ..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 ......tion 17(3) of the Employment of Labour (Standing Orders) Act, 1965, shortly the Act, and as such declared the Labour Court's order of affirmance of the order of dismissal to have been made without lawful authority and to be of no legal effect. Nothing was said about the Labour Court's order of t..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. ......assed by the High Court Division in Writ Petition Nos. 1134, 1328, 938, 1024, 1280, 902 of 1992). Judgment Shahabuddin Ahmed, J.- In all these appeals by special leave, a common question of law being involved, they have been heard together and are going to be disposed of by this judgment. ..Category: Election Law | Date: | Hits: 117