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Abul Khair Vs. The State, 1992, 21 CLC (AD)
.... Cantonment and he was kept under close arrest on the same day. He absconded from his Unit on 5.12.78 and was arrested in a char of Lakshmipur on 17.3.79. 7. PW 9 Dr. Joynal Abedin who held post-mortem examination on the dead body of Safiuddin Chowdhury found as many as 9 gunshot injuries......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......Khair has preferred this leave petition from the judgment of the Division Bench of the High Court Division dated 4.2.92. 3. Deceased Safiuddin Chowdhury was the Chairman of No. 4 Char Ruhita Union Parishad in 1978. On the morning of 3.12.78 he took breakfast in his home and came to the Uni......has preferred this leave petition from the judgment of the Division Bench of the High Court Division dated 4.2.92. 3. Deceased Safiuddin Chowdhury was the Chairman of No. 4 Char Ruhita Union Parishad in 1978. On the morning of 3.12.78 he took breakfast in his home and came to the Union Par..Category: Criminal Law | Date: | Hits: 61
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
.... for instance a Proceeding pending before it has been stayed by the Supreme Court, may in its discretion grant a short adjournment sufficient to allow the authoritative orders being received by post. But no adjournment can be demanded as of right on the strength of a private telegram." ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ...... ...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
Muhammad Muslim Ali Vs. Bangladesh and others, 1992, 21 CLC (AD)
.... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ......om service was set aside by the Administrative Appellate Tribunal was illegal because he was not re‑instated before holding such inquiry. The said inquiry was held against the petitioner as a member of the public and not as a Government servant which is not contemplated under the ‑Gov...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ...... found that further inquiry was held in accordance with the Rules. There is thus no substance in this petition which is dismissed after condoning the delay in filing the same. Ed. ..Category: Administrative Law | Date: | Hits: 123
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......without the express permission or authority of the Central Government, and includes‑
(i) a person inducted into any land or building by the lessee or licencee thereof; and
(ii) every member of the lessee's or licensee’s family who remains in occupation of any land or building afte......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 68
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ratio in that case is succinctly noted in Societe United Dock and others Vs. Government of Mauritius [1985] 1 All ER 864. "[T]he Parliament of Ceylon passed Acts pursuant to a legislative plan ex post facto to secure the conviction and enhance the punishment of particular individuals legalizing ......n who without lawful excuse obstructs it in the performance of its functions. There should be prescribed rules for the terms and conditions of service of the persons who will perform the functions as member or chairman of a tribunal. 42. There could have been an arguable case of necessary intend......5; Liyanage Vs. The Queen (1966] 1 All ER 650; Societe United Docks and others Vs. Government of Mauritius [1985]1 All ER 864; Hinds and others Vs. The Queen (1976) 1 All ER 353; SP Sampath Kumar Vs. Union of India AIR 1987 SC 386; Minerva Mills Ltd. Vs. Union of India AIR 1980 SC, 1789; Bangladesh ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....nswer such a question except at a high level of generality". (Underlined supplied). 24. In Article 135 of our Constitution a person holding any Civil post in the service of the Republic is entitled to a second show cause notice in the event of dismi......nesses in support of his defence, to inspect documents proposed to be used against him, generally to have the inquiry conducted in his presence, to get a neutral inquiry officer or Committee who or members of which are not connected with prosecution and have no bias against him. The principle of......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ী পালন ব্যাতিরেকে সরকারের কোন অনুমতির প্রয়োজন নাই।” The Ministry of Commerce does not appear to have been posted with the special facts of the case as was the Bangladesh Bank and as such the Bank's instruct......mittance of foreign exchange. It is not the respondent's case that the conditions laid down by the Bangladesh Bank were illegal or that it complied with the said conditions. It is very important to remember that the letter of the Bangladesh Bank has not been challenged in the writ petition. Mr. Ahme......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......brother of the informant. PW 8 who stated that the appellants had entered into the house of the informant and committed theft as alleged is also an admitted relation of the informant. PW 9 a local member merely stated that the informant party had told him about recognition of the accused. Admitt......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....nal statement that he entered inside the room of Zahura Khatun and inflicted dao blows on her face and neck. This is the positive statement of the maker himself. PW 7 Dr. Md. Lutfor Rahman who held post‑mortem examination on the dead body of Zahura Khatun found the following injuries on he......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ll that is treated as law in this country including even the judicial principles laid down from time to time by the Superior Courts. It means according to the accepted form of legal process and postulates a strict performance of all the functions and duties laid down by law. It may well be, ......l Law Court was to be appointed from among the Sessions Judges or Officers of the Defence Services or Bangladesh Rifles not below the rank of Lieutenant Colonel or equivalent, and of the two other members of such Court, one was to be appointed from among Assistant Sessions Judges or officers of ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......ble khas lands. They are non-retainable khas land. The sub-section fixes a quantitative ceiling to the retainable khas land. While fixing the quantity the measure is the holder of the land and the members of his family. It says, any one of the allowable person shall be entitled to retain 100 sta......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....ourt Division passed in writ jurisdiction wherein the petitioner challenged the order dated 24.2.72 passed by Chairman, Labour Court, Chittagong directing re-instatement of respondent No. 2 in his post under the petitioner with all back wages and benefits attached to the same. The High Court Div...... Society registered under Co-operative Societies Act, 1940. The object of the appellant-Society is to improve the socio-economic condition of the fishermen of the country, to catch fish through its members and to export the same to different parts of the world and to import nylon and other twine ......llip;...Appellant. Vs. The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H.......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
.... reduce it. So what the Appellate Court is empowered to reverse is the finding of guilt and consequently the order as to sentence and as such there is no difficulty to hold that section 423 (1) (b) postulates the presence of sentence against the accused and it is in that sense that it empowers t...... under section 148 as stated thereunder was to forcibly demolish and remove materials of an incomplete hut of the complainant Jainullah. In the charge under section 302/149 it was alleged that, two members of the unlawful assembly, namely, the appellant Tozammel and another named Ilias in prosec......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ...... judgment and order of a Division Bench of the High Court, Dacca and are disposed of by this judgment. 2. The appeals arise in the following circumstances. Respondent No. 1 Mr. Mainuddin Ahmed, a member of the Naranyanganj Municipal committee filed a suit against (1)The Chairman, Narayanganj Mun......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....procedure would apply. This decision refers to the application of section 141 of the Code and so relates to the proceeding of the pre-decree stage but in the instant case we are concerned with post-decree stage. In Kilchand Devachand Vs. Ajodhyaprasad Sukhanand (A.I.R. 1934 Bom. 452) Kania,......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......thy witness in respect of the said matter. The learned Additional District Judge thereafter proceeded to consider the evidence of P.W. 3, the Asst. Librarian of the Dacca University and P.W. 4, a member of the Town Committee, who, according to him, were competent and disinterested witnesses reli......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......nd as such 255 ballot papers were removed and utilised for declaring the appellant elected. 3. It is to be noticed that no candidate who contested for the office of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the successful c......02(2) of the Constitution of the People's Republic of Bangladesh and refusing to interfere with the judgment of an Election Tribunal which set aside the election of the appellant as Chairman of a Union Parishad and certain other persons, held under the Bangladesh Local Government (Union Parishad......of the Constitution of the People's Republic of Bangladesh and refusing to interfere with the judgment of an Election Tribunal which set aside the election of the appellant as Chairman of a Union Parishad and certain other persons, held under the Bangladesh Local Government (Union Parishad and P..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ...... had notice of the agreement. 20. In the case of S.B. Das, the same view has been taken. In Gajraj Sheokarandas case, Beaumont C.J. of the Bombay High Court has held that deposit made by a member of a Cotton Association under its rule, is not liable to attachment as the money is repayabl......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......l Kirtania, ILR 35 Cal. 61; Viswas Balwant Davarc Vs. Bala Chandra Ganesh Thakur, reported in A.I.R. 1931 Bom 539; The Governor General of India in Council Vs. Bilas Singh, and Nalini Ranjan Guha Vs. Union of India, A.I.R. 1954 Cal. 462. Lawyers Involved: Syed Ishtiaq Ahmed, Additional Attorne......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
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