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State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....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 ......d Judge of the High Court Division acted rightly in the facts of the case in holding that the prosecution failed to prove its case beyond reasonable doubt. 6. The learned Judge took the said view because he found that the prosecution failed to prove that the dakhila Ext. 12 was written or..Category: Criminal Law | Date: | Hits: 41
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 ......yed Amirul Islam, learned Counsels for the appellant-unions, is that the impugned legislation has the inevitable effect of bringing to an end an extinguishing the appellant-unions, particularly in view of section 11A of the Ordinance, 1969 which is as follows: "11A. (1). No tr..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 ......n these circumstances, the Courts below held the tank to be contiguous to the pre‑emptor's land and allowed pre‑emption of all the lands transferred. But on appeal, this Court took the view that the word "contiguous" was not “neighbouring", but it meant actually ..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 ......5. The said Writ Petition No. 1982 of 1991 was discharged for non prosecution on 19.33.99 6. In dismissing the appellant's instant writ petition summarily the High Court Division took the view that the Rule Nisi in Writ Petition No.1982 of 1991 having been discharged for non-prosecution..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 ...... and the suit was restored to its file and number on June 23, 1970. After about three years the Government filed written statement and, inter alia, took the plea that the suit was not maintainable in view of section 14A of the (Emergency) Requisition of Property Act, 1948. On February 9, 1984, fixed..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 ......ed before it. It is for the court to consider all the relevant facts and hear all the necessary parties before making an order for disposal of the goods under section 517 Cr.P.C. if called upon. In view of the facts stated above it is neither possible nor desirable for this court to pass an orde..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....thority for officers like the respondents; and as, such, the Conservator of Forests was authorised to draw the proceeding, and impose penalty upon The respondents. It is contended that the Tribunal erroneously assumed that it had no legal effect simply because it was issued by the Deputy Secreta......ompulsory retirement by way of penalty amounts to removal from service, the respondents are also entitled to protection under Article 135 of our Constitution. The Indian Supreme Court held similar view in a number of decisions in interpreting the corresponding Article 311 of the Indian Constitut..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 ......Law‑Officer was found guilty. After serving a second show cause notice he was retired compulsorily by the Corporation's Order dated July 18, 1988. 3. After failing to get that order reviewed departmentally the Law‑Officer instituted the aforementioned case in the Administrati..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 ......bsp; ATM Afzal J : The question involved in this appeal by leave is whether the High Court Division was right in taking the view that no complaint by the court as required under section 195(1)(b) of the Code of Criminal Pro..Category: Criminal Law | Date: | Hits: 40
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 ......dent No.1, the Ministry of Home Affairs, denied the material allegations made in the writ petition and contended that the detenu had always been involved in anti‑social activities and that in view of the deteriorating law and order situation he was detained on the basis of secret reports of..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 ......I54 and held that in a proceeding under section 24 of the Non‑Agricultural Tenancy Act anyone else other than the transferees need not be impleaded as a party. The appeal was allowed on that view. 3. Leave was granted to consider the pre‑emptee‑appellant's submission tha..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
.... High Court Division's view that the Government is bound to implement their order dated 28 January 1976 for releasing the enterprise, I am clearly of the view that the High Court Division's view is erroneous and its direction for release of the enterprise is illegal and improper. There is no such......;General has referred to one of such representations in which the respondents admitted that till 29 January 1972 they or their officers could not go to the office and premises of the enterprise in view of the hostile situation prevailing at that time. Because of the prevailing situation, the lea..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 ......ion by independent evidence, in order to be believed." 11. In the present case we have already found that the evidence of P.W. 4 Salma Begum was unsatisfactory from many points of view and as such we find it dangerous to convict the appellants upon her evidence alone which the l..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)
....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 ......I Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 of 1988, the First Labour Court, Dhaka held the order of dismissal to be legal but in view of severity of sentence converted it to one of termination from service with termination benef..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. ......e Constitution, contemplates the power of the Election Commission to oversee the entire election process from start to finish and to ensure that such election is held justly, fairly and honestly. His view has been supported by Dr. Kamal Hossain and Dr. Rafiqur Rahman and other learned Advocates who ..Category: Election Law | Date: | Hits: 117
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 ...... the Chairman and the two Members. 6. The appellant contends that after pronouncing the decision on June 12, 1989 the Appellate Tribunal became functus officio and had no jurisdiction to review its judgment and that the Appellate Tribunal, not being a civil Court, had no jurisdiction to..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 ......Court of Justice…………and the judge………..may make such order with respect to the property in dispute …as he thinks fit. 12. The views in Hine Vs. Hine [1962] 3 AIL ER 345 that the above provision of law gave a free hand to do ..Category: Property Law | Date: | Hits: 80
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......e has not been able to cite any contrary decision from our own jurisdiction although there are contrary decisions of other High Courts. In such circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is al..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....ion, whether instituted earlier or later to the proceeding under section 145 and also to consider the further submission that the High Court Division put a wrong construction on the plaint and had erroneously appreciated the relevant provisions of Order VII, rule 11 CPC and section 56 of the Spe......njunction is a remedy in personam which is directed against the litigant and not against the Court. (See Mahant Ram Keshwar Das Vs. Baldeo Singh, AIR 1938 (Pat) 606). The Magistrate could take the view that the civil Court's order of ad‑interim injunction had no effect upon the proceeding ..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 ......one and that the criminal case was started just to put pressure on him to pay the alleged balance without proper accounting. The learned Judges, however, refused to quash the proceeding taking the view that denial of the transaction and violation of the terms of the implied agreement between the..Category: Criminal Law | Date: | Hits: 43
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