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Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......medy under sections 34, 62 or 64 of the Industrial Relations Ordinance is not available to a trade union leader working in the House Building Finance Corporation. The impugned order of transfer is an action taken in relation with the appellant's service in the Corporation, and any grievance with reg..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......al notice under section 5(1) of the said Act was served on 23.4.73 directing the plaintiffs to appear before the concerned authority on 30.12.60 to object to the acquisition proceedings, if any. This action was fraudulent and absurd on the face of it. The defendant-appellants also served a fresh n..Category: Property Law | Date: | Hits: 38
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......he matter the learned single Judge concluded that there being no valid and lawful order of allotment in favour of plaintiff No. 1 and no legal right had inured in his favour giving rise to a cause of action for mandatory injunction and finally concluded- "Notwithstanding the decision in this suit..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......s, moulding of the relief and—this is important— also supervising the implementation thereof." The Court then went on to observe— "Indeed as the relief is positive and implies affirmative action the decisions are not "one shot" determinations but have on going implications. Remedy is b..Category: Civil Law | Date: | Hits: 130
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......Revenue that no permission was necessary as the Ordinance lost its force in the meantime. Defendant No. 1 having already left for India the suit was filed on 24.12.69 upon assertion that the cause of action arose on aforesaid 2.4.69. 3. Defendant No.2 (petitioner No. 2 in the leave petition) and ..Category: Procedural Law | Date: | Hits: 132
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......ing it with the knowledge that the money had been paid through mistake—he had acted then animo furandi—but if he had discovered the mistake later on and even then kept the money with him "the action would be for money he had received to the company's use as paid under a mistake of fact" but ..Category: Criminal Law | Date: | Hits: 44
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......e suit at Dhaka from Jessore on ground of inconvenience. Transfer of a case does not come within the ambit of article 104 of the Constitution. When two suits between the same parties out of same transaction are pending in two courts in different places suit filed later may be stayed till disposal of..Category: Procedural Law | Date: | Hits: 110
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......te of preconcert, there seems no doubt whatsoever that such a consensus can be achieved among the participants in the crime immediately before its execution, e.g. where the crime is excited by some action on the part of the person against whom it is committed". 14. On behalf of the State it was..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......le 135 of the Constitution is quoted below: “135(2). No such person shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause why that action should not be taken”. The learned Deputy Attorney-General tried to bring this case with..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......rt, shall not ordinarily be treated as a movable property within the jurisdiction of the Court liable to attachment before judgment, unless there are other facts and compelling reasons calling for an action under this rule, apart from other question of jurisdiction. 9. If I turn to facts as have..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......urity. The Court of appeal below as well as the High Court took the view that the day on which the application for pre-emption was presented in Court the deed was not registered and so the cause of action did not accrue. On this point the learned Single Judge relied on two decisions of the Dacca H..Category: Property Law | Date: | Hits: 34
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......h Court in revision, and the High Court accepting the contention of the pre-emptee that the proceeding was not properly constituted, dismissed the application for pre-emption. In disapproving the action of the High Court, and in the context of the facts and circumstances of the case it was obser..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......een held without jurisdiction, end that pending the final decision of the High Court further proceeding might be stayed and the Senior Superintendent of Police, Lahore ordered not to take any further action by way of investigation. On an application made by the respondent to the then Chief Justice..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......ing at Dhanmandi Residential Area worth about 5 lacs though his monthly salary did not exceed Tk. 500-/. He was directed to show cause why the Board would not recommend to the Government for taking action under Article 6 of the Presidential Order No.67 of 1972. On 1-10-74 the petitioner submitted ..
Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......t. It was further alleged that according to the specifications supplied G.P. sheets and G.I. pipes could not exceed of the value of Rs. 6,000/-. The respondent was asked to show cause as to why penal action under section 167(8)(b) of the Sea Customs Act should not be taken against him. The responden..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......f, that he is not being held in custody without lawful authority or in an unlawful manner. 6. A study of the clause in sub-article (3) reveals that the High Court is to be satisfied. This satisfaction is that of a judicial authority. It is to be satisfied that the person in detention is not so..Category: Constitutional Law | Date: | Hits: 408
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... order dated 06.1.1992 dismissed the Miscellaneous Case No.24 S.A. of 1980-81 and in the order dated 6.1.1982 the defendant No.2 directed the Circle Office (Revenue), Galachipa to take disciplinary action. That the further case of the plaintiff is that the defendant No. 1 the Deputy Commissioner..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......that it was obtained by perjury committed by, or at the instance of, the other parry, which is of course fraud of the worst kind, that he can obtain a rehearing of the questions in dispute in a fresh action by merely changing the form in which he places it before the Court, and alleging in his plain..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......gs which are as follows: "Section 4(2) of the Administrative Tribunals Act says that a person may make an application to the Tribunal if he is aggrieved by any order, decision or action of the authority, and the second proviso thereto prescribes a period of 6 months from the..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......-2002 (Annexure-M) issued by the appellant (writ-respondent) was made without lawful authority and for declaring that the respondent- writ-petitioner is entitled to the facilities and the remedial actions as per letters dated 23-11-1996 and 9-12-1997 of the Attorney-General. 3. The case o..Category: Employment/Service Law | Date: | Hits: 69
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