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Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ...... 229 (C) Dated 29-7-76 Copy to: Secretary, Ministry of Communication (Railway Wing) Dacca for information. Copy to F A and CAO/CRB for information and necessary action. The above noted Office Order was purported to have been issued in pursuance of the d..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......tion, pension, gratuity or provident fund which are admissible to the officer from the date of retirement. 6. Under the Rules the suspension of a Government servant is consequent upon the proposed action to be taken under clause (b) or clause (c) of rule 3 of Rule 11. It is not disputed that the ..Category: Employment/Service Law | Date: | Hits: 72
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......ed facts are that 8 dissident members framed the charges, required the appellant to show cause to the meeting and called the meeting terming it as a 'special meeting" and passed the resolution. The action as set out above is not in accordance with law and is ultra vires the members who purported..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......street with a stipulation by the lessor that they should be allowed to deal as they thought fit with "any of the premises adjoining or contiguous to the hereditament hereby demised," even if such action diminished of affected the access of light and air to the demised premises. At the date of th..Category: Property Law | Date: | Hits: 66
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ce suo mom or upon receipt of a complaint, or as in the present case in the course of hearing a revisional application. If therefore, he takes cognizance contrary to the aforesaid provisions, his action will be void under section 27. Reference in this connection may be made to section 530 (k), C..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......wn arrested. 3. The Special Tribunal Case No. 98 of 1976 relates to a speech of the respondent who delivered it on March 8, 1974 criticising the Government exhorting the people to resort to direct action while following the programme of the party on March 17, 1974. 4. During the pendency of th..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....off the defence stands, then the decree that has followed is very difficult to resist. It is true, Order 20, rule 4(2) of the Code clearly prescribes for the Judgments other than the Court of Small Cause Courts, that they shall contain a concise statement of the case, the points for determinatio......e exercise of the power of striking out the defence. He however says that though there is no written application on record it should be implied that there was an oral application. In such a drastic action, the question of invoking the jurisdiction by implication cannot arise, unless there is a p..Category: Others | Date: | Hits: 119
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......t lends support to the contention of the learned Counsel that the delay was due to laches of the respondent's officers, particularly law officers. It is strange that instead of taking disciplinary action against their officers at fault, the respondent raised one ground after another during the h..Category: Property Law | Date: | Hits: 101
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....ith regard to a suit filed under the Code of Civil Procedure, it was held in Mst. Nurjahan Begum Vs. Giri Gopal Sarker 1979 BSCR (Vol. 3) 400 (402) would in substance apply in a case under the Small Causes Courts Act, 1887. It was further observed that "the trial Court must set out the point for de......mination and the reason for determination and this will again be arrived at on evidence on record, and the evidence on record must establish the case of the plaintiff which again must show a cause of action. It is true that there is no hard and fast rule for writing an ex parte Judgment. If the subs..Category: Limitation Law | Date: | Hits: 271
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 ......ads thus; "There is a conflict among various High Courts as to whether a complaint is necessary when on a police report under section 169 the Magistrate does not take any further action. The Bombay, Saurashtra and Andhra Pradesh High Courts in AIR 1946 Bom 7(11); AIR 1952 Sa..Category: Criminal Law | Date: | Hits: 40
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 ...... force of Meerut city was extremely busy in maintaining law and order and no attempt could be made for arresting the detenu was rejected, and it was held in a situation of communal tension, prompt action was imperative. 11. The appellant relied on Anwara Begum Vs. Government of Banglades..Category: Criminal Law | Date: | Hits: 88
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 ......e underline is mine). It further provides that this vesting shall have effect from the date on which the enterprise was so placed. Thus the Simple case of the Government is that independent of any action taken previously under any other law, such as, APO No. 1 of 1972 or PO No. 16 of 1972, this ..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)
....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 ......bused him in filthy language and created a breach of peace during working hours. He was charged for gross misconduct and an enquiry was held wherein he was found guilty. But without taking extreme action against him the Bank Management warned him by letter dated 4.2.87 not to indulge in such act..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. ......one candidate in the disputed Centre, he failed to make out a case for the Election Commission's interference. The High Court Division's order on the writ petition declaring the Election Commission's action illegal is found to be justified. However, the candidate who is aggrieved is at liberty to ch..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 ......re made to the thirteen applicants with the ulterior motive to give the land to the JPL whose Chairperson was Raushan Ara Begum. Abdus Sattar was a Director of that company. The accused made the transaction illegally in collusion with each other to obtain a pecuniary advantage of taka four crore. ..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he 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 ......just and unfair to allow a licensor to order that the licensee should forthwith remove the work of a permanent character which he has put up after incurring expenditure. In such an event the transaction ceases to be a mere licence at will but may in certain circumstances amount to a license ..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....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 ......eremptory hearing, the respondents filed an application for the first time under Order VII, rule 11 CPC for rejection of the plaint. 9. The trial Court held that the plea of lack of cause of action, taken by the respondents, cannot be decided without taking evidence and as to whether the ..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... bills 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 ...... disconnection of the electric line to the appellant's mill having been made without giving 10 days' notice in writing as required under section 24 of the Electricity Act 1910 (Act IX of 1910) the action taken by the PDB on 24.9.89 was arbitrary and illegal and the respondents are, therefore, lia..Category: Criminal Law | Date: | Hits: 71
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......h a meaning. To deny the right of the respondent on the ground that he was not a recorded tenant, would be going beyond what the legislature intended. The vested right cannot be divested by an action of a co-sharer in this manner. The legislature without naming the class of parties to be not..Category: Property Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......t until the hearing is resumed or the trial comes on: to remit or send back a cause to the Court from which it was removed, appealed, or transferred into another Court, in order that some further action may be taken on it in the original form." 17. The same definition occurs in..Category: Criminal Law | Date: | Hits: 125
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