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Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....ourt in 27 DLR (AD) 337 and further the rule laid down in 28 DLR (AD) 51 has no manner of application. In the other case, the Presiding Officer went out to answer the call of nature. These are all post-poll affairs. These had nothing to do with the election of the candidate for Chairmanship and ......his staff and materials were not found at the centre. The Magistrate who was deputed for the two centres reported about non-availability of the Presiding Officers. The Returning Officer could not remember whether the Presiding Officers signed the result-sheets. He stated that he received the ele...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....e of desertion. He pleaded that he had never received calling up papers. The plea was allowed, and on November 29, 1948, a new Court was convened. It was then proved that calling up papers had been posted to the applicant, and he was convicted and sentenced. It was now admitted that at "material t......ecause that result might ensue from the abuse of a great number of powers indispensable to self-government, and obviously bestowed by the British North America Act." 9. Along with it, we are to remember another cardinal principle as to the interpretation of law relating to the curtailment of t......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......a way which requires a review. It is to be observed that the Privy Council has said that the proof of the existence of a joint family does not lead to the presumption that property held by any member is joint, and the burden rests upon any one asserting that any type of property is joint to......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 65
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....oted to act as officiating Sub-Inspector in the following terms- "A. S. I, Shamsul Alam of Dacca GRPS is promoted to act O.S.I. in place of permanent vacancy w/e. from 4.6.67 and posted to Dacca GRPS." Mr. Khan quoting Part III of Rule 741 of the Police Regulati......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....d intends to seek redress thereof under this section shall observe the following procedure: (a) the worker concerned shall submit his grievance to his employer, in writing by registered post, within fifteen days of the occurrence of the cause of such grievance and the employer shal......mits within which each one of them shall exercise jurisdiction under this Ordinance. (2) A Labour Court shall consist of a Chairman appointed by the Provincial Government and two members to be appointed in the prescribed manner to advise the Chairman, one to represent the empl......will govern all the four appeals. 3. The employee who was a senior assistant in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers Union, was involved in trade union activities. His involvement ultimately led, according to him, to......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......filed by P.W.8 Mukshed Ali Mondal and P.W.10 Mir Haider Ali that the work of sinking the tube-wells was not properly done and the money had been misappropriated by the appellant in collusion with 2 members and the Chairman of the Union Council. Anti-Corruption Department made preliminary enquiri......sonment for 6 months more awarded by the trial Court was, however, confirmed. 2. The prosecution case against the appellant, who was a contractor, was that by a resolution dated 22-3-61 Rokanpur Union Council, Kaliganj Police Station in the District of Jessore appointed the appellant to sink 3 ......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......ed on appeal by a Division Bench of the erstwhile High Court of East Pakistan. 2. The circumstances giving rise to the suit may be summarized as follows: The plaintiff Mr. Naziruddin Ahmed was a member of the East Pakistan Civil Service (Executive). At the time of the Revolution of 1958 he was ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
....d. Shamsul Huq reported in 22 D.L.R. (S.C.) 284. The respondent in that case was appointed as an Attendant in the Pakistan Industrial Development Corporation and was subsequently confirmed in his post but his services were terminated on 2nd April, 1964 with immediate effect on the ground that ...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......vision (Civil) Present: A.M. Sayem CJ A.B. Mahmud Hussain J M. A. Jabir J Khulna Newsprint Mills Ltd..................................Appellant Vs. Khulna Newsprint Employees Union.................Respondent Judgment December 15, 1972. The Indust...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......t Vs. 1. Kurban Ali M. Merchant. 2. Purviz Merwanji Dalal........................... Respondent Judgment May 27, 1965. Lien on the security deposit by a member of stock exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a membe...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....or Rs. 250/- as mentioned in Ex. 39 was the cheque given by Mr. M.B. Farooqui, a Class I Officer of the Labour Division. According to the evidence of Hamid Hussain, Mr. Farooqui gave this cheque, a post-dated cheque, and took Rs. 250/- from the cash. Thus, Mr. Farooqui took an advance of Rs. 250/-......not ever actually verified by him. The position of the cash according to him, was as explained by Hamid Hussain in Ex. 43, dated 11-3-59. He took the positive plea that advances to officers and other members of the staff were used to be made against chits or cheques in accordance with the practice o......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....nt thereafter for an adjournment to engage another counsel was an effort in the same direction, that is to say, not to have the appeal decided by the learned Single Judge on that day, and to get it postponed. 7. In the circumstances stated above, I am unable to find any fault with the lea......e in the High Court, I have come to the conclusion that the step taken by him cannot be considered to be illegal or even unjustifiable, to warrant an interference with his judgment. While the learned members of the Bar appearing in cases as officers of the Courts are entitled to all genuine consider......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......nts. The defendant No. 1 denied the allegations of the plaintiffs and maintained that the plaintiffs had suffered no kind of loss whatsoever by the death of their daughter, who was not an earning member of the family. He even denied that she had died as a result of any rash or negligent act of h...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....ected after one competitive examination will be deemed to have been appointed at one time to take their training regardless of fact whether they take it together or separately in different groups and posted to their jobs on different dates. Their seniority inter se will depend on the number of m......y. For the purpose of determining the relative seniority in the cadre of Engineering Supervisors of those appointed at any one time, there will be two groups viz. departmental candidates and other members of the staff of the department who were selected as outside candidates and (2) other outs......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ..Category: Employment/Service Law | Date: | Hits: 103
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....d to them by the Attache (Migration) to the Deputy High Commission for India in Pakistan at Dacca, permitting the respondents to enter India without any passport and visa through the India checkpost at Petrapol in the district of 24-Parganas West Bengal. On the strength of this Migration Cer......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ...... change of allegiance from the country of arrival. This test, in view of the evidence on record does not appear to have been satisfied in this case. P.W. 3 Sirajul Huq, the Chairman of the Nazirpur Union Council admitted in cross examination that the respondents were voters in Pakistan in 1964, ......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ..Category: Criminal Law | Date: | Hits: 59
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....oration (in short PIAC) as an Enquiry Assistant in 1965 and after liberation of Bangladesh he was absorbed in the Bangladesh Biman Corporation and got successive promotions and lastly promoted to the post of General Manager, Cargo Terminal on 7-5-1997 and confirmed in that post on 30-11-97. Though h......rector is the Chief Executive of the Corporation and shall exercise such power and perform such functions as may be assigned to him by the Board of Directors of the Biman Corporation of which he is a member or as may be prescribed. Prescribed means under section 2(f) prescribed by rules or regulatio......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
....nt as Mutwalli while acting as Imam of the mosque had misappropriated the property of Waqf Estate. The appellate Court held that if he had misappropriated then he was liable to be removed from his post of Mutwalli by the Waqf Administrator as per rule if he found that to be true but that matter ......be guided in appointing a Mutwalli: “Where there is a vacancy in the office of Mutwalli and the Court is called upon to appoint a Mutwalli , the court will ordinarily appoint a member of the founder’s family in preference to a stranger and a senior member in preference...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ..Category: Trust/Waqf Law | Date: | Hits: 209
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....the witnesses and handed over the same on identification to Constable No. 79 Md Ferdous Alam and Constable No.626 Akter Hossain and Constable No.27 Md Rafique Uddin for taking it to the morgue for postmortem examination. PW 10 Dr Md Golam Mustafa deposed that he received the dead body of decease......ifferent parts of the body of the deceased. This witness then raised alarm and at this he was threatened with dire consequences by these two condemned prisoners. He further deposed that PW 13 Helal member who was in the same rickshaw jumped out of the same and fled away. He himself also ran away......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ..Category: Criminal Law | Date: | Hits: 47
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... (একটি)।
8. The averments made in the writ petitions in support of the relief sought, in short, are that petition No.1, i.e. respondent No.1 in the appeals, a Co-operative Society, members whereof were refugees, was registered in 1951 for the welfare of its members, the Mohazir, b...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
..
Category: Property Law | Date: | Hits: 54
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
....ner of Taxes on completion of 3 years of service. Respondent No. 3 completed 3 years of service on 5-10-1984 as Extra-Assistant Commissioner of Taxes. According to the recruitment Rules, one- third posts of Assistant Commissioners are to be filled up by promotion from the Extra-Assistant Commiss......half of the direct recruits of Assistant Commissioners of Taxes, submits that section 3 of the Bangladesh Civil Service Seniority Rules, 1983 which speaks of principles of seniority interse of the members of the service cadre shall be counted from the date of appointment in the lowest post of th...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ..Category: Administrative Law | Date: | Hits: 91
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