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Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....ring by the same tribunal which heard the matter before. Apart from the construction that I have given to the word 'rehearing' I like to point out that it is an accepted principle of procedure that prior notice for rehearing is to be given to the parties who were present at the time of the heari......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 ......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 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....e who instituted the suit for eviction of the husband who constructed the house soon after the marriage, resided in the matrimonial home for over 28 years, but divorced the plaintiff about one year prior to the date of the suit. 34. The instant case is similar to AIR 1961 Kerala 147 ......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 ......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 ..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
.... Mr. Md. Nurul Huq, and quite rightly, that the appellant's cause of action for filing the suit did not arise from die respondents' alleged attempt to take forcible possession of the suit property prior to 18.1.79 when she filed a petition before the SDO (South), Dhaka for drawing up a proceedin......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 ......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
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....;shall be appointed by the President on the advice of the Prime Minister”. By clause (8) it was provided that in the event of a vacancy occurring in the office of President at any time prior to the framing of the Constitution by the Constituent Assembly, the Cabinet "shal......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....e went back home his life would be in danger. In the first week of April, 1973 he went to London. From a copy of the Bangladesh Observer he came to know about the Notification dated 18 April 1973. No prior notice was served on him. On January 17, 1976 the Government invited applications from those p......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......ivision upheld his contentions that Notification No. 403‑Imn/III dated Dhaka April 18, 1973, so far as it related to him and the show cause Notice No. HH: MA(Bhai-l)/134 dated March 23, 1992 of the Ministry of Home Affairs served on him were without lawful authority. 2. The material portion of..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)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......; ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nurul Islam and another ………….. Petitioners Vs. The Secretary, Ministry of Law and Justice and others…………Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ence with regard to his date of knowledge of the registration of the kabala. The pre-emptee did not adduce any evidence to show that the pre‑emptor was aware of the registration of the kabala prior to alleged date of knowledge. There being no evidence on record by the pre‑emptee chal......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....ismissing the Writ Petition summarily, the learned Judges of the High Court Division observed: "It is true that a worker, convicted in a criminal case for an offence, may be dismissed without prior notice as provided in section 17(1) (a) of the Employment of Labour (Standing Orders) Act,......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
...."dowry" in section 4, as has been done by the Indian Supreme Court in AIR 1983 (SC) 1219. We will say that if a fresh demand for dowry is made after solemnisation of marriage about which there was no prior agreement and which demand does not fall strictly within the definition of dowry in section 2,...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....under section 151 or section 152 and the appeal is confined to the amended portion only the stating point would be the date of amendment. (2) If the appeal is dire0ted against the decree as 4 stood prior to the amendment, the starting point would be the date of original decree. 9. The lear......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......s at a low cost to the children of different Government servants and of the general public living in the vicinity of the old Airport. The land on which the school. has been established belongs to the Ministry of Defence and the Department of Civil Aviation was only an allottee of the same since 1947..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......ce itself, namely, the vacation of the office of Chairman and members. With regard to the omission to make the Deputy Commissioner a party he submits that Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development being respondent No. 1 in the writ petition, the..Category: Election Law | Date: | Hits: 136
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....s that in the absence of a member of the enquiry committee its meeting is to be adjourned. 12. Again, there is no rule or service condition that the order of dismissal could only be passed after a prior second show cause notice to the employee. The appellate Court, however, invoked the principles......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......nal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and others ..................Respondents Judgment August 6t..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....arned SCC Judge decreed the suit and passed the order of eviction of the defendant from the suit premises on the finding that no notice under section 106 of the Transfer of Property Act was necessary prior to the institution of the suit as the tenancy of the defendant was terminated by efflux of tim......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......lant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder .............................Petitioner Vs. Secretary Ministry of Communication Roads and High Ways and Others …Respondent (In Civil Petition No. 346 of..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....a money decree, "it may order interest on the principal sum adjudged from the date of the suit to the date of decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit with further interest on the aggregate sum from the date of th......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......n completed on 30 April 1984. But though the work had started from 21 January 1983, it was suspended for 47 days from 2.2.83 to 20.3.83 due to a dispute arising between the appellants, BADC, and the Ministry of Land at whose instance the Deputy Commissioner, Faridpur, by applying Police Force, too..Category: Business or Commercial Law | Date: | Hits: 98
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ...... Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors..............Category: Property Law | Date: | Hits: 64
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