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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 ......om 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 ......fering 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 ......(Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alfu Miah and others.......................... Appellants Vs. Government of the Peoples Republic of Bangladesh represented by the Deputy Commissioner Dhaka & others …………………….............

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 ......d 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 ......s 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 ...... 6982 cartons of foreign cigarettes, 3 car air conditioners and other goods which were being carried illegally. It was alleged that neither the trawler CC Sea Hawk had any permission to enter into Bangladesh nor the goods which were found on board had valid supporting documents. The appellant and..

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 ...... 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 ......intment. 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 ...... Court Appelate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Government of the People's Republic of Bangladesh ........................Appellant Vs. Abdul Motaleb Dewan and ors …..

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 ......ismiss 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 ......he 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 ......bsp;      ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Nazrul Islam …………..Appellant (In CA No. 28/92) Bangladesh House Buil­ding Finance Corporation ………………..

Category: Administrative Law | Date: | Hits: 100

Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)

.... sentenced him to RI for 3 (three) months and a fine of Tk. 500.00, in default to RI for one month more. On appeal against the said order of conviction and sentence, the learned Additional Sessions Judge, First Court, Chittagong, by Judgment and order dated 31.7.84, allowed the appeal and acquit...... 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 ......lation 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)

....ing that in calculating the shortage the two circular orders, Ext. 11 and 12, were not considered. Respondent challenged the order of Labour Court by Writ Petition No. 113 of 1987; and the learned Judges of the High Court Division allowed the petition and reversed the Labour Court's order observ......n 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 ...... 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 ......ivil) Present: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Latifur Rahman J. Serajul Islam .................................Petitioner Vs. Bangladesh Consumer's Supply Company Ltd. and another .............Respondents Judgment ..

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 ......ly 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 ......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 ......J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment December ..

Category: Administrative Law | Date: | Hits: 122

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

....earned brothers.             Latifur Rahman J: Mr. Moudud Ahmed, learned Advocate for the appellant, has argued before us that, the learned Judges while considering the confidential report of the Government and other materials relating to ......ion. 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 ...... 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 ...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. ..

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)

....              Mustafa Kamal J.- This appeal by leave by the pre-emptee-appellant is from the Judgment and order of a learned Single Judge of the High Court Division (at Chittagong) dated 25.11.85 passed in First Miscellaneous Appea......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 ...... 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 ...... Ara Begum & ors. Vs. Mosammat Anowan Begum & others, 37 DLR I54; Nelly Zaman Vs. Giasuddin Khan, 34 DLR (AD) 221; Shafique Mia Vs. Meherunnessa and another CP No. 10 of 1974 (digested in Bangladesh Supreme Court Digest, Vol. 1, page 236); 37 DLR 154. Lawyers Involved: K..

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 ......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 ......ny 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)

....-For the Respondent Criminal Appeal No. 14 of 1992. (From the Judgment and order dated 01.7.1992 passed by the High Court Division, Dhaka in Criminal Appeal No. 1066 of 1990). Judgement:               &nb......bject, 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 ...... 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 ...... 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 ......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 ...... 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 ...... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sattar (Md) ............................Petitioner      Vs. Bangladesh, represented by the Secretary, Minis­try of Law & Justice, Government of the Pe..

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 ......o 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 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 ...... on 27.3.91 against the judgment and order of the High Court Division, but during the pendency of the appeal all commercial activities of the appellant- Bank BCCI were stopped by the Government of Bangladesh with effect from 20.8.91 in exercise of powers under section 77(2) of the Banking Compan..

Category: Labour and Industrial Law | Date: | Hits: 100

Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

....sis of this report and also in view of the fact that a high number votes in that Centre was cast in favour of only one candidate, the Election Commission cancelled it and directed repoll. The learned Judges referred to two decisions of this Court reported in 41 and 43 DLR and found that there was no...... 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. ......d. 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. ......t (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Article 118 of the Constitution of Bangladesh. Article 119(1) of the Constitution describes the functions of the Election Commission re..

Category: Election Law | Date: | Hits: 117

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

....er, 1992 passed by the High Court Division in Criminal Revision No. 646 of 1992). Judgment M H Rahman J.- These six petitions, arising out of Special Case No. 11of 1992 of the Court of Special Judge, Dhaka, were heard together and are now disposed of by this judgment. 2. On April 14, 1991 ......ccasion 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 ...... 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 ......ake cognizance of the offence under the Prevention of Corruption Act punishable under section 5(2) of the Act 11 of 1947. In State represented by the Solicitor, Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and another 44 DLR (AD) 215 this Court reâ€..

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 ......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 ......s 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 ......ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993.  ..

Category: Administrative Law | Date: | Hits: 125

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....              MH Rahman J.- The husband, the appellant before us, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka, for a declaration that he is the irrevocable licensee of his wife, the r......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 ......lding 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 ......dlock. The wife is the owner of the'  ‘A’ schedule land. The plan for the construction of the building was sanctioned in her name. The wife mortgaged the land to the Shilpa Bank of Bangladesh, the successor of the former Industrial Development Bank of Pakistan, for securing the h..

Category: Property Law | Date: | Hits: 80

Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)

..... Judgment            ATM Afzal J.- Plaintiff‑petitioner filed Title Suit No. 301 of 1959 in the First Court of the Assistant Judge, Patuakhali which was dismissed for default whereupon an application under Order 9 rule 9 of ......ircumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......nces we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ..

Category: Property Law | Date: | Hits: 63

Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)

....arred under section 56(c) of the Specific Relief Act which provides that no injunction can be granted to stay proceedings in any criminal matter. 2. The trial Court, the learned Subordinate Judge, 1st Court, Dhaka rejected the defendant­- respondents application under Order VII, rule ......cute 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 ......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 ......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 ..

Category: Property Law | Date: | Hits: 81

Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)

....iod of January to May, 1986 (vide Annexure ‘D’ series to the writ petition). 4. On 15.7.1987 the appellant instituted Title Suit No. 126 of 1987 in the Court of Senior Assistant Judge Gazipur, against the respondents (PDB) for a declaration that the aforesaid electricity bill ......ills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......il) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents Judgment A..

Category: Criminal Law | Date: | Hits: 71