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New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....he Managing Director, if reasonable price for the mortgaged property is not offered by any bidder or tenderer. It is contended that by accepting the offer of respondent No. 8 on 17.4.90 the aforesaid provision was violated, public offer, which could be much more, was pre-empted and the same was done......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
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)
....d, for prevention 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-se......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)
....aining Agents of the Biman under section 22. 3. The Ordinance, 1969 was amended by the Industrial Relations (Amendment) Act, 1990, shortly, the Amendment Act, 1990. By section 2 thereof two provisions were added to sub‑section (2), of section 7 of the Ordinance, 1969 so that the ent......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)
....ecree can be set aside under Order IX, rule 13. In Reazul Hoque Molla Vs. Afizullah Hollah 42 DLR (AD) 74, this court held that the court cannot draw upon inherent power while acting under a specific provision of the law governing disposal of the case. Appellant in this regard further relied on Bajr...... 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)
....the Special 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 ord......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)
.... Lal AIR 1971 SC 2151 and Union of India Vs. Tulsiram Patel, 1985 SC 1416. In Rangachari Vs, Secretary of State AIR 1937 PC 27, a case on section 96‑B of the Government of India Act, 1919, a provision similar to Article 135(l) of our constitution it was held that the guarantee affordedby t......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)
....is stage functions as a Magistrate during investigation. As the trial has yet to commence it cannot be said that he is acting as a court." 13. Upon a consideration of the various provisions of the Code, particularly that of Chapter XIV and various decisions the learned Judge fi......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)
....ows that the two circulars as to permissible shortage were taken into consideration. The next contention of the learned Advocate is that the respondent while awarding the punishment disregarded the provision of section 18 (6) of the Standing Orders Act, 1965. The learned Judges found that this se......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)
.... delegator will be illegal." 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 author...... 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)
....uffered detention under different laws of preventive detention before 1972. There was strong public opinion against the detention laws and their application. It was not surprising that there was no provision for preventive detention in the Constitution when came into operation on December 16, 197......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)
....ice of notice or within 4 months from the date of knowledge of such transfer, if no notice has been issued or served, a co‑sharer may apply to the Court for pre‑emption. From all these provisions in sections 23 and 24 of the Act Mr. Ahmed submits that although no specific provision h......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)
....le 6 thereof repealed the Acting president's Order dated 26 December 1971 but saved “all notifications issued under the said Order which shall be deemed to have been issued under the relevant provision of this Order" (APO 1 of 1972). 6. Neither the APO dated 26 December 1971 no......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)
.....86 to 22.2.86. He did not resume his duties on 23.2.86, but on 26.2.86. He submitted an undated letter on the same day for extension of 3 days' leave on flimsy ground and therefore he violated the provision of section 5(2) of the Act. He was cautioned by the Bank's letter dated 11.3.86 to observ......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
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