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New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....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. ......ntention of the petitioner upon wrongly relying on Fairtech Limited and ors Vs. Bangladesh Shilpa Bank and others reported in 42 All (AD) 216, the facts of which are different from oat of the present case. Although under rule 5 of the Rules, the Bank is authorised to sell the mortgaged property even..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 ......gment of the Court of Settlement, Bangladesh Abandoned Buildings, Dhaka passed in Settlement Case No. 1103 of 1987 in respect of holding No. C/56 3rd Colony, Mirpur, Dhaka. 2. The appellant's case, in short, is that holding No. C/56, 3rd Colony, Mirpur, Dhaka was allotted to one Md. Hussain..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 ......eir house in order to take its forcible possession, broke through the door, killed Majitunnessa wife of P.W. 12 with a dao and injured the informant’s wife. 2. After investigating the case of P.W. 1 the Sub‑Inspector of Police, Nalchity, submitted a final report on August 14, ..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 ......s for pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in question. 2. The trial..Category: Property Law | Date: | Hits: 72
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 ......Barisal Bench) in appeal, Criminal Appeal No. 72 of 1978, acquitting the respondent, Abdul Muttaleb Khan @ Abdul Mataleb Khan of the charge under section 409 Penal Code. 2. The prosecution case was that the respondent in his capacity as Head Tahsilder of Moukaran Tahsil Office under the ..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 ......avocation of workman". This definition of "Industry" in the Trade Unions Act, 1926 is the same as in the Industrial Disputes Act, 1947 (of India) and the Indian Supreme Court in the case of Secretary, Madras Gymkhana Club Employees' Union Vs. Management of the Gymkhana Club, 1968 ..Category: Labour and Industrial Law | Date: | Hits: 103
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. ......de 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 Government of ..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 ...... be contiguous to appellant's land, Plot No. 2575, and refused pre‑emption to this extent relying upon an observation of this Court in Ahmed Hossain Ys. Basharat Ali, 32 DLR (AD) 54. In that case lands in several plots comprising five different holdings, but touching each other only margin..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 ......respondent No. 5 took oath of office on 10.3.92. He has been functioning as Chairman thereof ever since. 3. The appellant is an inhabitant and voter of the said Union Parishad and it is his case that respondent No. 5 was appointed a Palli ration dealer in essential commodities for the sam..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 ......urt Division shows that CS Plot Nos. 32 and 37 had already been acquired, (not requisitioned as stated by the High Court Division), by the Government. After finding that the defendant had an arguable case under section 14A of the (Emergency) Requisition of Property Act, 1948 and the ex parte decree ..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 ......ieved 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 confiscation of the g..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 ......e 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 date of appointment. 3. The Government's case is that the Circular dated 4.6.81 was passed, in super session of all previous orders in the m..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 ......the Corporation is the appellant in Civil Appeal No. 29 of 1992. 2. On June 14, 1987 charges were framed against the Law‑Officer that he approved payment of the 4th cheque in two loan cases, (1) D‑ 15966 Genl., (2) D‑15967 Genl., in favour of the borrower without evaluat..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 ......on with having committed an offence, unless the Court has taken cognizance of any offence upon the Police Report or complaint and a proceeding in court" has thus begun. 2. Facts of the case, briefly, are that the appellant lodged an FIR with the Panchlaish Police Station on 10.8.75 a..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 ......iled goods Tk. 8885/50 and held him guilty of defalcation of the balance of Tk. 33,329.89 and by an order dated 20.5.86 dismissed him from service. He challenged the dismissal by filing a complaint case before the 2nd Labour Court, Dhaka, which, after hearing the parties, set aside the order of ..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 ......ields absolute power and the delegate in his nominee.” 7. Mr. Moinul Huq, learned Advocate for the petitioner, now submits that a relevant authority, i.e. a Full Bench decision in the case of Mrs. Jamila Multalib Ys. Bangladesh reported in 1 BCR (1981) RCD page 91, which has laid do..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....rials to support the ground that he maintained a special army and the people did not dare to (sic) raise their voice against the atrocities of the 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 w......rder situation he was detained on the basis of secret reports of Special Branch of the Police. 6. Photo‑copies of first information reports and charge‑sheets of several criminal cases under activity different sections of the Penal Code, and one case under 19A(F) of the Arms Ac..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 ...... for the same purpose but it was dismissed, infer alia, on the ground of maintainability by order dated 30.6.76. 2. The grounds on which the appellant resisted the present pre‑emption case were, inter alia, that the application was barred by res judicata and that it was bad for def..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 ......ndoned property, whether its subsequent placement under the Corporation as an industrial enterprise is valid under the Nationalisation of Industrial Enterprises Order, 1972. 2. Facts of the case have been set out in detail in the Judgment of my learned brother Mustafa Kamal, J. I would t..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 ...... a fine of Taka 500.00, in default to suffer rigorous imprisonment for 3(three) months more each, under section 376 of the Penal Code read with Special Powers Act, 1974. 2. The prosecution case, to narrate in brief, is that on 1.12.1988 at about 8‑00 PM the informant victim P.W. 4 ..Category: Criminal Law | Date: | Hits: 66