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Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
....s holding land contiguous to the land transferred may, within the period referred to in sub‑section (1) or within two months of the date of the service of the notice of the application under clause (b) of sub‑section (3), whichever be earlier, apply to join in the said application&qu..Category: Property Law | Date: | Hits: 72
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....oyed in such industry or industries, and exceeds that number of members of every other Trade Union in such industry or industries; (Other conditions are omitted). 19. Note clause (b) above. It is only when a trade union was recognised by an employer that it acquired the ..Category: Labour and Industrial Law | Date: | Hits: 103
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 ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....erently, but they must in the minimum give clear and precise information as to the cause for detention. The legal requirement to communicate grounds will not be complied by mere quoting one or more clauses of the definition of the 'prejudicial act." 21. In a case of preventive detent..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....o be placed, it is also provided, shall include the industrial enterprises owned by the Government under PO No. 16 of 1972 or owned or managed by any statutory Corporation. Under this provision in clause (d) of Article 10(1) the respondents' enterprise was placed under this Corporation by the se..Category: Property Law | Date: | Hits: 65
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
.... of termination from service with termination benefits. In the writ petition the High Court Division held that charge No. 4, held to be proved by the Labour Court, does not fall within the terms of clause (a) or (f) or of any other act of misconduct provided in section 17(3) of the Employment of ..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....nd after obtaining opinion from the Legal Adviser, the registration of the Lease Deed was done. The learned Judges of the High Court Division erroneously held that the petitioner illegally inserted a clause in paragraph 20 of the Lease Deed exempting the precondition of a construction before transfe..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....issible not having been duly stamped and that at any rate the licence is deemed to, be revoked on the dissolution of the marriage when the appellant's character as the husband ceases to exist under clause (g) of section 62 of the Easements Act, 1882. 10. The appellant's last contenti..Category: Property Law | Date: | Hits: 80
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....et assembles only once a week, and remains vacant on other days, it is not a hat at all. 7. The appellant contends that the High Court Division misconstrued the meaning of hat as defined in clause (12) of section 2 of the State Acquisition and Tenancy Act. It is submitted that the High Co..Category: Property Law | Date: | Hits: 64
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....of tenancy shall not he valid unless such division or distribution has been expressly consented to in writing by all the co-sharer tenants The procedure for division of tenancy is provided in clause (2) of section 88 of the Bengal Tenancy Act and the effect of such division is provided in c..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
.... 11. McCabe V. Atchison arose out of a suit for injunction restraining the defendants from complying with the provisions of a Statute for reasons that it was repugnant, inter alia, to the commerce clause of the Constitution of the United States as well as the 14th Amendment. The relief asked for..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....t: Muhammad Abdullah Jabir J.—These two appeals arise out of certificate granted under clause (a) of sub-article (2) of Article 103 of the Constitution of the People's Republic of B..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
.... the case, inasmuch as the Police report did not contain a statement of facts which would constitute an offence under the Collaborators Order. He referred us in this connection to clause (a) of article 7 of the Collaborators Order which relates to taking of cognizance on p..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....anga Bandhu Sheikh Mujibur Rahman who had been designated President by the Proclamation. 4. We will presently set out the Proclamation. At this stage we propose to refer to certain clauses of the Provisional Constitution of Bangladesh Order, 1972 (hereinafter called the Provisio..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....as the first defendant is concerned and the court as regards the second defendant which, in addition to being an ordinary agent of the first defendant, had incurred a statutory liability under clause (d) of section 64 of the Sea Customs Act to discharge "all claims for damage or short ..Category: Civil Law | Date: | Hits: 110
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....e 5 of the Bangladesh Collaborators (Special Tribunals) Order, 1972 (President's Order No. 8 of 1972). 2.The respondents were placed before the Special Tribunal for facing charges under clause (b) of Part IV of the Schedule of the Bangladesh Collaborators Order, 1972 (President's Orde..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....e Penal Code. The learned Judges observed, "We are inclined to hold that the appellant Ashraf and Liakat intended to cause such bodily injury as was likely to cause death within the meaning of clause (b) of section 299 of the Penal Code". What we find is that though the ultimate finding..Category: Criminal Law | Date: | Hits: 119
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....of persons to whom this Article shall not apply. 2B. (1) Notwithstanding anything contained in Article 2 or in any other law for the time being in force, a person shall not, except as provided in clause (2), qualify himself to be a citizen of Bangladesh if he- (i) owes, affirms or acknowledg..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
.... before law or equal opportunity in public employment as provided in the Constitution, it has been settled in a long line of decisions, including those cited by Dr. Kamal Hossain, that the equality clause does not debar a reasonable classification of the persons/employees in the matter of appoint..Category: Employment/Service Law | Date: | Hits: 66
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....egislations defining dowry, namely, first, it has to be any property or valuable security, secondly, it has to be given or agreed to be given either directly or indirectly by the parties mentioned in clauses (a) or (b), thirdly, it has to be given or agreed to be given at the time of marriage or at ..Category: Criminal Law | Date: | Hits: 69