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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. ......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. ......115 of the Code of Civil Procedure filed against the order dated 9.10.90 passed by the Subordinate Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the G..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 ......4 of 1983). Judgment: 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 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)
....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 ......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 ......respondent No. 5 Milon Md. Bachhu to show cause under what authority he claims to hold or purports to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati. 2. The brief facts are that the nomination paper for the election of Chairman of the said Union Parishad was fil..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 ......ion, will stand. It will be difficult to sustain an ex parte Judgment which does not satisfy the condition of law as set out earlier." 8. In Bangladesh Vs. Israil Ali & others 1981 BLD (AD) 371 a question was asked whether the plaintiffs' assertions that they successively took yearly lease till ......concurrent finding of the Courts below that there was no sufficient cause for non‑appearance, and the application for condonation 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..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 ......eciate the point involved in the appeal it is necessary to briefly notice the facts of the case which led to the prosecution of the appellant and his colleagues and the confiscation of the goods in question. On 30.6.1988 P 1 Md. Ali Asgar, Officer‑in‑Charge, Customs Preventive Unit, M......nt being aggrieved by the said order moved court and obtained leave to appeal from the same. 4. In order to appreciate the point involved in the appeal it is necessary to briefly notice the facts of the case which led to the prosecution of the appellant and his colleagues and the confisca..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 ......mp; 26 of 1992 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...... 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 ..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 ......above we uphold the employee's contentions that the Appellate Tribunal exceeded in its jurisdiction in ordering a fresh inquiry. However the employee's appeal will fail because of a more substantial question that has been raised by the Corporation in CA No. 29 of 1992 with regard to alleged vaguen......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 ......igh Court Division, Chittagong in Criminal Revision No. 53 of 1984). Judgment: ATM Afzal J : The question involved in this appeal by leave is whether the High Court Division was right in taking th......he Additional Sessions Judge for &‑hearing and disposal of the same on merit. 5. The High Court Division took the view that section 195(l) (b) of the Code was not attracted in the facts of the present case and no complaint by the Magistrate for prosecution of the appellant under..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 ......tage of shortage and had these two circulars been taken into consideration there would have been no shortage at all. The learned Judges of the High Court Division took into consideration this very question and found that the report of enquiry itself shows that the two circulars as to permissible......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 ..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 ......uld be rescinded and accordingly he made a recommendation to the Government for release of the detenu. TheGovernment, however, in the meantime itself passed an order maintaining the detention. The question referred to the Full Bench was in these terms: "the functions which have b......e said decision. 8. We have considered the decision of the Full Bench and thought it advisable not to express any opinion as to the soundness of the proposition laid down therein in that the facts of the present case tire so much materially different that the said proposition has no bearin..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....be disclosed whose disclosure is considered to be against the public interest. 26. It is contended that in the proviso to sub‑section (1) of section 8 of the Special Powers Act, 1974, identical in terms with the proviso to sub‑article (5) of Article 33 of the Constitution, the......esentation in writing against the order. It is, however, not required to disclose the facts which it considers to be against public interest to disclose. 20. Without going into the semantic question as to the meaning of the term 'grounds' and as to whether 'ground’s are mere conclus......he detenu and his inhuman activities went up to uprooting of two eyes of Kawsor Molla. Hence we hold that the said ground, although it is mixed up with some past activities of the detenu and some facts about him, is a proper ground of detention which is based on sufficient materials."&nbs..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 ......mission that the High Court Division wrongly set aside the trial Court's finding as to res judicata. The Judgment in Miscellaneous Case No. 281 of 1974 was pronounced on 30.6.76, but the kabala in question was registered under section 60 of the Registration Act on 9.6.76 and therefore the High C......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 ..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 ...... Shahabuddin Ahmed CJ.- I have gone through the Judgment proposed to be delivered by my learned brother Mustafa Kamal, J. As I find it difficult to agree with him on two main questions I am giving this Judgment separately. The questions are whether the property of Responden......l concern are not available to control and manage the concern, applies on all fours in the present case and he refers to various statements in the appellants' affidavits-in-opposition invoking the facts covered by the second situation and also refers to the respondents own writ petition and Anne..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 ......an in this Case. 9. Both the learned Judges of the High Court Division while upholding the conviction and sentence of the appellants wrote two separate Judgments in this case touching on the question of corroboration. Rabbani J held that P.W. 4 Salma Begum, the victim woman was corroborate......anner, 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 of the case and consequently to examine if the learned Judges of the High Co..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 ...... the nature of spelling out the 'habitual' character of the respondent's delinquencies. The charge proper is charge No. 4 which was admitted by the respondent himself and therefore there can be no question of any formal enquiry. He submits that the respondent's acts of omission and commission fa......a voluntary substitution. 4. Mr. Asrarul Hossain, learned Counsel for respondent No. 1, does not contest the application. The application for substitution is allowed. 5. Briefly, the facts are that respondent No. 1 was served with a charge‑sheet dated 31.1.88 containing four ..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. ......nd 30.6.92 passed 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 thi......hat the power of superintendence, control and organisation, is not absolute and that it cannot be exercised arbitrarily, overriding the rules and procedure specifically prescribed in the law and that facts of each case will determine the extent of the Election Commission’s inherent power as sought..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 ......More so, where the facts of the case, as alleged by the prosecution in the FIR and the charge sheet, have not disclosed any offence against them. 18. The case of Raushan Ershad is that the land in question was purchased by the JPL by a registered sale deed with prior permission of the RAJUK and n......period in Special Case No. 7 of 1991 by the Divisional Special Judge, Dhaka, by a judgment and order dated February 3, 1992, the instant proceeding is violative of Article 35 of the Constitution. The facts of the other case are not in the petition nor the judgment of the other case has been produced..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 ......rguments the learned Chief Justice dictated an order in the open Court. But immediately thereafter a request by one of the counsels of the parties that the judgment might not be signed so that the question of limitation arising in the case might further be considered was acceded to by the Court.......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 ..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 ......itution. 11. Our attention has been drawn to section 17 of the Married Women's Property Act, 1882 of England, the relevant part of which is as follows: "In any question between husband and wife as to the title to or possession of property, either party may a......d that he is the real and absolute owner of the three‑storied dwelling house and appurtenances thereto described in the 'B' schedule to the aforesaid irrevocable licence. 2. Some facts are not disputed. The appellant married the respondent in 1962. Three children were bor..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... a receiver was appointed the appellant while still in actual physical possession filed a suit for permanent injunction in respect of the case land against the first party to the proceeding and the question is, whether the plaint is liable to be rejected on the ground of its being barred under s...... 14. With regard to the first submission of the appellant, it may be stated that there is no hard and fast rule as to when and at what stage a plaint can be rejected. It all depends upon the facts and circumstances of each case. As a general rule an application to reject a plaint ought to ..Category: Property Law | Date: | Hits: 81
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