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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 ....... 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 ..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 ......iff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) and other officers, respondent Nos. 2-5, for declaration of his fide to the suit land alleging inter alia, that he had obtained pattan of the suit land from its original owner, Shre..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...... 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 contiguous land-holder, is not wholly contiguous to the land trans..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......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)
....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 ......espondents are worse than those noted in Bangladesh Vs. Israil Ali and others 1981 BLD (AD) 371. However, when the High Court Division decided to set aside the ex parte decree after finding that the land in dispute had been acquired long ago and due notification was made in the Gazette, and that th..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......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 ......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...... 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 ......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......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 ......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......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)
....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 ......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 ......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......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 ..Category: Administrative Law | Date: | Hits: 122
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 ......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......te to the date of order of detention. However, these principles cannot be applied like litmus papers, used as indicators in an acid test. In a particular matter where the ordinary law of the land is too inadequate for prevention of an act prejudicial to the security or the maintenance of p..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......Non-Agricultural Tenancy Act which were not placed before this Court while disposing 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..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......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 ...... 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 ...... 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 ......nd superiority to others who did not have the opportunity 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 ...... Union's work. He stated that the union has submitted a charter of demands on 9.1.88 whereupon the Management terminated the services of 3 Union officials and 3 active union members and also filed cases. The present action against him is malafide and is intended to victimise him for his trade un......arge Nos. 1, 2 and 4 are all past and closed transactions and that misconduct once condoned cannot be revived. 19. We take the last point of Mr. Asrarul Hossain first. Halsbury's Laws of England, 3rd Edition, Volume 25, paragraph 940 states as follows: "940. Condonation..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. ......) thus indicates the source of authority, power and jurisdiction of the Election Commission in respect of elections other than that of the President and Members of Parliament. "Any other law", in the case of election for Union Parishads, is the Local Government (Union Parishads) Ordinance 1983 and t......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)
....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 Rajdhani Unnayan Kartripakhya) Major Kamrul Hasan, a former Member of the Land and Estate Department of the RAJUK, Abdus Sattar, a former Minister and one Abdus Sukur Pradhan. 3. The prosecution case, in brief, is that Plot Nos, 49 and 49A, situated at Kawran Bazar Commercial Area, each plot me......y his Memo dated October 8, 1989 informed the RAJUK that none of the allottees were affected persons. The subsequent transfer of plot No. 49 to the JPL was made without making any construction on the land, a pre‑condition for transfer of the land allotted by the RAJUK, and the impediment to transf..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 ......ctated 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. The transcript of the judgment was, h......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
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