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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. ......se of Nur Mohammad, (supra) the plaintiff himself made the lessees defendants in the suit but subsequently got their names struck off by filing application. In the present case there being nothing on record to show that the appellants continued as lessees under the Government those decisions will be......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
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 ...... the Judges of this Court were common to the decisions in both the cases, one in 32 DLR (AD) 54 and the other in 34 DLR (AD) 217. In the latter, the lands transferred consisted of seven plots, all recorded under a single khatian and the pre‑emptor's land was contiguous to two of those seve......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 ..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ellip; (2) A person shall be disqualified for election or nomination as, or for being, a Chairman or a member if. (f) he is a party to a contract for work to be done for, or goods to be supplied to the Union Parishad concerned or has pecuniary interest in its affairs, or ......A 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. Civil Appeal ......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 ..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....arded as a sufficient ground for his non‑appearance. There may, however, be special circumstances indicating the learned Counsel's total dependence on his clerk because of his illness or such other good reason when a clerk's failure to inform the date of hearing to the Counsel may amount to be a s......ation of delay for filing the application for restoration was rejected on facts on the grounds of negligence the High Court Division erred in law in interfering in the matter when there is nothing on record to show that the Courts below appeared to have committed any error of law resulting in an err...... himself of the opportunity to appear, the Court may proceed in his absence under rule 6(1)(a) of Order IX. There being no mandate as such to make an 'ex parte', decree, the Court may order for fresh service of summons on the defendants or adjourn the matter suo motu. If the Court is satisfied that..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ent: ATM Afzal J.- This appeal by leave is fro an order upholding confiscation of the seized goods while acquitting the accused as passed by a Division Bench of the High Court Division, Dhaka......ities have their own powers under the said Act for adjudication in respect of the goods seized by them. The customs department is not a party to the proceeding in this court .There are no facts on record to show as to what has been done by the customs authorities with the said goods. It is true ......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 ..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 ...... 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 ......has arisen the Appellate Tribunal further held that as at be relevant time when the respondent was appointed the Chief Conservator of Forests was the appointing authority, he cannot be removed from service by an order of the Conservator of Forests on the strength of a circular subsequent to the d..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 ...... instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant (In CA No. 28.92 & Respondent in CA No. 29/92) Shaheed Alam, Advocate, instructed by Md. Sajjadul Haq, Advocate-on-record-For the Respondents (In CA No.28/29 & Appellants in CA No. 29192). A Wadud Bhuiy......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 ..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 ......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 ..Category: Criminal Law | Date: | Hits: 40
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
....9. He denied the allegation saying that the audit report was wrong in that the handling shortage as permissible by two circular orders were not considered and further that he deposited the spoiled goods worth Tk. 8850.00. Being not satisfied with his explanation the defendant constituted a Commi......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 ......nstatement upon setting aside the employees order for dismissal. 2. He was a salesman under the respondent in their Dhanmondi shop. On the basis of an audit report he was suspended from his service and a regular charge-sheet was submitted to him asking him to show cause why he should not ..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 ......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 ......ition for leave to appeal No. 292 of 1991. 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..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....rom abuse of the law even when fundamental right to liberty is suspended during an emergency. 23. Questions of reasonableness or sufficiency of materials, or the consequence of mixing up of good grounds and bad or irrelevant grounds, or of the proximity of alleged prejudicial activities t......non‑disclosure of facts in the public interest is not justiciable. It is submitted that the High Court Division while expressing its satisfaction under Art. 102(2) (b) (i) is not required to record its view on a fact not disclosed in public interest. 27. The expressions 'considers',......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 ..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 ......isposing of CP No. 10 of 1974. Section 23 provides that in case of transfer of pre‑emptible non‑agricultural land the pre‑emptor has to file notices together with process fees for service thereof on all co‑sharer tenants who are not parties to the transfer. Section 24 pro..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....tionality and antecedents of the claimants and of the overall shareholding position of the Company the matter was placed with the then Secretary and Adviser-in-Charge, Ministry of Industries who in good faith consented to the proposal for release of the shares to Bangladeshi shareholders, but th......doned property its placement under Article 10 of PO No. 27 of 1972 was without lawful authority and of no legal effect. 27. The respondents thereafter made further representations, 43 are on record, to which only 4 replies were received. 28. The respondents' prayer for release of t......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 ..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 ......ellants. The defence further suggested that no occurrence took place in the manner, place and time as alleged by the prosecution. 4. Leave was granted for reconsideration of the evidence on record as a great doubt as to the truth o the prosecution case arises in the facts A circumstances...... 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
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 ..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 ......, his reply dated 23.3.86 and the Bank's letter dated 4.2.87 which ended the matter. He specifically denied the third charge and with regard to the fourth charge he stated that these are matters of record and a reply on the Union pad was not intended to show a threat. He used the Union pad as he......dhury, a cashier of the appellant-Bank, Bank of Credit and Commerce (Overseas) Ltd., shortly the BCCI and at the relevant time the General Secretary of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 of 1988, the First Labour ..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. ...... unfair practice adopted by any party, nor was any petition made to the Presiding Officers for recounting of ballot paper on the spot, and consequently, the Presiding Officers, in usual course, recorded the result of counting of ballot papers in the appropriate form and forwarded the same 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. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....in Criminal Petition for Leave to Appeal No. 120 of 1992, Md. Shahinur Islam and Mosammat Aftara Begum, are two of the eleven applicants for allotment of the land. They contend that they had made, in good faith, a representation to the President for allotment for land on the ground that they were ag......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 ......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 ..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 ......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 ....... 2. The Government set up an Inquiry Committee on March 1, 1987. The Committee submitted a report to the Government. On the basis of that report the appellant was compulsorily retired from service under the Public Servants Retirement Act, 1974 by an order of the President of Bangladesh d..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....obtained from the Shilpa Bank at a lower rate of interest by her husband, he being an officer of that Bank, the respondent requested him to take loan, and she signed blank paper in this regard. In good faith she allowed him to look after the building of the house. She admitted that her husband d......uilding was constructed by the appellant was, however, upheld. 6. The appellant now contends that the High Court Division misconstrued and misinterpreted Ext. 1 when on the evidence on record it is clear that the wife in normal course of relationship gave licence to the husband to co......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 ..Category: Property Law | Date: | Hits: 80
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