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A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ase in short is that he joined the service of the then Pakistan Council of Scientific and Industrial Research Laboratories, Karachi in the year 1962 as a Junior Technician and was promoted to the post of Technician on September 10, 1965 and thereafter he was promoted to the post of Senior Techni......clauses are quoted below. Clause 4 provides for constitution of a Board. It reads as under: 4. Board.- (1) There shall be a Policy Board of the Council which shall consist of the following members, namely- (a) the Minister-in-Charge of the Scientific and Technological Research D......equirement to constitute a 'local' authority as defined under General Clauses Act. As per General Clauses Act as amended by P. O. 147 of 1972 'local authority’ means: A Poura Shabha, Zilla Board, Union Panchayet, Board of Trustees of a port or other authorities, legally entitled to or entruste......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....eer in East Pakistan Railway on July 20, 1963 on a temporary basis and his service was regularised by an order dated February 24, 1971 with effect from his date of appointment. He was promoted to the post of Executive Engineer/Divisional Engineer with effect from January 22, 1966 and thereafter on......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 ......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 ......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 ..Category: Employment/Service Law | Date: | Hits: 77
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......ty of the judgment passed by the Second Labour Court of Dacca. 2. The appellant was a stewardess of Hotel Inter-Continental, Dacca and was elected as the Assistant General Secretary of the Sramik Union of the said Hotel. She was verbally suspended by the Management and subsequently she was given......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ..Category: Labour and Industrial Law | Date: | Hits: 106
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 ......der and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The imp......Judgment and Order dated the 16th March, 1979 passed by the High Court Division in Writ Petition No. 790 of 1978). Judgment: K. M. Subhan, J.— This appeal by the elected Chairman of Ratnapur Union Parishad, is from the judgment of the High Court Division passed in a writ petition filed by t......nt and Order dated the 16th March, 1979 passed by the High Court Division in Writ Petition No. 790 of 1978). Judgment: K. M. Subhan, J.— This appeal by the elected Chairman of Ratnapur Union Parishad, is from the judgment of the High Court Division passed in a writ petition filed by the app..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 ......emptors' land and schedule 1 tank observed:— "In the case before us what intervenes between the purchased land and the pre-emptors' land is the public pathway which belongs to no individual member of the public and as such it does not come in conflict with any particular person's right ......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 ......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 ..Category: Property Law | Date: | Hits: 66
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ...... Mr. Syed Ishtiaq Ahmed, the learned Counsel, has also relied upon the decision of Sunder Singh Vs. Managing Committee, 1938 AIR (PC) 73. In the case, Managing Committee filed the suit through a member claiming a declaration to the effect that the plaintiff Committee is the Managing body, trus...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....rial Court noticed, it was quite wrong on the part of the High Court Division to come to any conclusion basing on his testimony. 36. Nor can the evidence of P.W. 12 Jahangir Atiq, who held post mortem examination into the dead bodies can be taken to be a corroborative evidence in the fac......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......cials. The accused persons being enemies were roped in as an afterthought. 7. Appellant Nawabul Alam is the head of his family, Appellant Khalilur Rahman was elected Chairman of the Local Union Council defeating P.W. 1 Ekramul Huq and an election case against both appellants Nawabul Alam......ce. Appellant Kawser Munshi is the father-in‑law of appellant Nawabul Alam. Kawser Munshi's elder brother acquitted accused Lal Miah was at the material time the Chairman of Kalia Union Parishad. The other accused persons are close relations and partymen to appellant Nawabul Alam who..Category: Criminal Law | Date: | Hits: 60
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......entire sub‑section (2) of section 7 now reads as follows: "7(2) A trade union of workers shall not be entitled to registration under this Ordinance unless it has a minimum membership of thirty per cent of the total number of workers employed in the establishment or grou......J Mustafa Kamal J Latifur Rahman J Secretary of Aircraft Engineers of Bangladesh and anr ……………Appellants Vs. Registrar of Trade Unions and ors .........................Respondents [In CA No.14 of 1993] A....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......;…………………………… (2) A person shall be disqualified for election or nomination as, or for being, a Chairman or a member if. (f) he is a party to a contract for work to be done for, or goods to be suppl......pellant prayed for issuance of a Rule Nisi calling upon respondent No. 5 Milon Md. Bachhu to show cause under what authority he claims to hold or purports to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati. 2. The brief facts are that the nomination paper for the......t prayed for issuance of a Rule Nisi calling upon respondent No. 5 Milon Md. Bachhu to show cause under what authority he claims to hold or purports to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati. 2. The brief facts are that the nomination paper for the elect..Category: Election Law | Date: | Hits: 106
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....ribution of administrative powers issued by the Deputy Secretary of the Ministry of Agriculture and Forest on June 4, 1981 and making the Conservator of Forests as the appointing authority for the posts respondents were holding at the time of the order of compulsory retirement. 2. In bot...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ......3. Cases Referred to- Shyamlal Vs. State of UP AIR 1954 SC 369; State of Bombay Vs. Saubbagchand AIR 1957 SC 892; Dalip Singh Vs. State of Punjab AIR 1960 SC 1305, Jagdish Mitter Vs. Union of India AIR 1964 SC 449, State of UP Vs. Madan Mohan Nagar AIR 1967 SC 1260; State of UP Vs...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..Category: Administrative Law | Date: | Hits: 114
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....1985. In November 1988 another order for his detention was passed, but the detenu evaded arrest by going over to India. For his oppressive and terrorist activities the detenu was suspended from the post of Chairman of Kotwalipara Upazila. So that nobody dares raise any objection against him, the ......thout prosecution and in anticipation or after discharge or even acquittal." 14. Respondent No. 1 also relied on Gora Vs. State of West Bengal 1975 (2) SCC 14 where the detenu, as member of an organised gang, committed daring dacoity on June 26, 1973, but the order of detention ......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 ......urposes. The allegation has of course been denied by the respondents. The detenu stated that he is the President of the Jatiyo Party, Kotalipara Upazila and an ex‑chairman of the said Upazila Parishad. His younger brother Kazi Feroj Rashid was a Minister of the outgoing Government and his ..Category: Criminal Law | Date: | Hits: 88
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ..Category: Constitutional Law | Date: | Hits: 150
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....eclared to have been passed without lawful authority and to be of no legal effect and as to why the appellant‑Bank should not be directed to re‑instate the said respondent in his former post with all back wages, in making the Rule Nisi absolute the High Court Division declared the ord......as he was absent for the Union's work. He stated that the union has submitted a charter of demands on 9.1.88 whereupon the Management terminated the services of 3 Union officials and 3 active union members and also filed cases. The present action against him is malafide and is intended to victimi......1 herein) Tajul Islam Chowdhury, a cashier of the appellant-Bank, Bank of Credit and Commerce (Overseas) Ltd., shortly the BCCI and at the relevant time the General Secretary of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 ......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 ..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. ......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. ......f law being involved, they have been heard together and are going to be disposed of by this judgment. In each of these appeals a dispute as to the result of election for the office of chairman of six Union Parishads has been raised. On conclusion of election, counting of votes by the Presiding Offic......being involved, they have been heard together and are going to be disposed of by this judgment. In each of these appeals a dispute as to the result of election for the office of chairman of six Union Parishads has been raised. On conclusion of election, counting of votes by the Presiding Officers wa..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....nated, large amount of Government surplus stores are being disposed of‑, there will, for some years, be shortages of various kinds requiring the imposition of controls, and extensive schedules of postwar reconstruction, involving the disbursement of very large sums of Government money, have bee......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 ......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 ......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 ..Category: Anti-Corruption Laws | Date: | Hits: 302
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......aint to anybody that the customs officers had forced/threatened or coerced him in any manner to write the statement as dictated by them. The respondent was not an ordinary, uninitiated traveler but a member of a sophisticated service in International Flights of the Bangladesh Biman. It was easy for ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......U S. 151; 59 L. ed. 169; Massachusetts Vs. Mellon; Fronthingham Vs Mellon, 262 U.S. 447= 67 L. ed. 1078 and Joint Anti. Fascist Com V. McGrath, 31 U.S. 132s 95 L. ed. 817; Charanjit Lai V Union of India, AIR 1951 SC 41; Calcutta Gas Co. Prop.) Ltd. V. State of W Bengal, AIR 1962 SC 104......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....representatives of the people to meet on the 3rd March. 1971 for the purpose of framing a Constitution, AND Whereas the Assembly so summoned was arbitrarily and illegally postponed for an indefinite period. AND whereas instead of fulfilling their ......ent “shall” in exercise of all his functions ac; in accordance with the advice of the Prime Minister". Clause (7) said that the President "shall commission as Prime Minister's member of the Constituent Assembly who commands the confidence of the majority of the members of th......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
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......t the appellants and others, by forming an unlawful assembly, committed criminal trespass into the house of PW 1 Serajul Huq and voluntarily caused hurt to PW 1 Serajul Huq and, thereby, they were members of an unlawful assembly and committed the offence of rioting. From the charge, it also appe......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ..Category: Criminal Law | Date: | Hits: 56
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