Search Options
Judgment Advanced Search
Displaying 2661-2680 of 2955 results.
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....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 ......ll of Members. Clause 5 and 6 provide the functions and terms of the Board which read as under; 5. FUNCTIONS OF THE BOARD.-The functions of the Board shall be- (a) to lay down the broad principles to be followed by the Council in the performance of its functions, particularly in ...... the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the section, is pre-emptible. ………….(5) Sale in pursuance of a decree for specific performance of a contract is pre-emptible. Provisions embodied in section 26 of the Ben......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
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 ......ch a right curtailing owner's right to deal with his property must be construed very strictly. The right is allowed to a claimant in consideration of his necessity and not as a matter of luxury. This principle should always be kept in view while determining the claim of pre-emption. Clause (b) of ......granted to consider the question as to whether intervention of a public pathway severs contiguity as contemplated under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts relevant for consideration of the question are that the appellant petitioners purchased several parcels of ......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
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ...... August 8, 1977. Result: The appeal is allowed. Principles of Natural Justice In an enquiry held against an employee on the charges framed against him for dismissal from service, the principles of natural justice must be complied with…..(6) The appointing authority is not bou...... ......Respondent Judgment August 8, 1977. Result: The appeal is allowed. Principles of Natural Justice In an enquiry held against an employee on the charges framed against him for dismissal from service, the principles of natural justice must be complied with…..(6) The......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......ction 50 clearly shows three different expressions have been used in the same statute. The legislature in the same statute has in different context used different expressions. It is a well-accepted principle of interpretation that where different language is used in the same statute different in......78. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. ......racter of a waqf property shall be decided by the Administrator. The work ‘question’ means that either there is some challenge or some dispute regarding the character of the waqf property or some determination of the waqf character of the property is in question. Mere enrolment of a property as ..Category: Trust/Waqf Law | Date: | Hits: 196
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......ant was in possession after his purchase on 20-8-75. On these unchallenged facts, we come to the first question to see whether the High Court Division has allocated the onus on the parties on right principle. The other grounds of the leave order are dependant on the first facts. The High Court Div......esses and held that appellant's vendors never migrated to India either in 1947 or in 1965 or in the year 1971. The enquiry report was not accepted by the Joint Secretary, Land Administration & Land Reforms, Administration Division and he held that the property vested as Non-Resident-Property (Admi......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ..Category: Property Law | Date: | Hits: 58
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 ......repealing Act or Regulation had not been passed." 28. In the first mentioned cases, namely, Syed Ahmed Vs. State, the Supreme Court of Pakistan, besides observing that there is no difference in principle between repeal and amendment was considering whether an act is or is not offence is a matt......ve any retrospective operation on the pending cases………………….(31) per Fazle Munim, J. The High Court Division acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division……………(36) per...... inherent powers of the High Court Division. 15. The consideration as to the extent of jurisdiction exercisable by the High Court Division under the aforesaid section raised and involved the determination of the question whether, in order to achieve any of these purposes, the High Court D..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......terlocutory order which is a step in the procedure that leads to a final decree. It is open on appeal from such final decree to question an interlocutory order. The present Code has recognised the principles set out by the Privy Council with some modification, and there is nothing in the present......tituted OS No. 230 of 1969 in the 1st Court of Munsif, Chittagong on 8.9.69 alleging that the defendant was a monthly tenant under him in the suit premises. The tenant defaulted in payment of rent for which the plaintiff instituted the suit for ejectment after determining the tenancy by a notice......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 determination, the decision thereon and the reasons for such decision; and rule 5 says that in suits..Category: Others | Date: | Hits: 119
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....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 ......sons to testify against the accused other than those who are in ties of relationship with the complainant or have personal animus against the accused. The Courts whose duty it is to adopt careful principles for the safe dispensation of justice act with perfect propriety when they scrutinize ......urther to add. Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before the learned Sessions Judge, Narail in Sessions Case No. 22 of 198......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 ..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 ....... 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 ...... 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 group of establishment in which it is formed: Provided that more than one establishment under the same employer, which are all......ither is this concept I totally new one nor a radical departure from the past. This changed concept has its origin in section 28B of the Trade Unions Act, 1926. This Act contained no provision for determination of collective bargaining agent as in the Ordinance, 1969. After registration, there w..Category: Labour and Industrial Law | Date: | Hits: 103
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ...... those five plots been closely connected together holding a compact block of land and had there been no public path between the pre‑emptor's land and the compact block including the tank, the principle of "contiguity" might have been applicable. 4. A similar question came ......rtion of Plo Nos. 2574 and 2573 were transferred by their own under a kabala dated 3 June 1976, whereupon appellant filed an application under section 96 of the State Acquisition and Tenancy Act before the Munsif, Faridpur, claiming pre-emption of both the plots taking the ground that these two ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......gh Court Division's rejection of the application restoration. 11. The Latin expression 'ex parte', meaning from one party or side, has not been defined in Code of Civil Procedure. One of the basic principles of the adversary procedure followed in our court system is that as far as possible, no pr......t Division in Civil Revision No. 381 of 1985). Judgment: MH Rahman J.- The appellants filed Title Suit No.355of 1969 in the Court of Munsif, Dhaka against the Government and other respondents for permanent injunction in respect of CS Plot Nos. 11, 32 and 37 of SC Khatian No.139 of Mouza Nand......s. 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 determination and the reason for determination and this will again be arrived at on evidence on reco..Category: Limitation Law | Date: | Hits: 271
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... 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 ...... 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 ......ministrative Appeal Nos. 3 & 26 of 1992 respectively). Judgment: MH Rahman J.- Leave was granted in these two appeals for determination of a common question of law, namely, whether the respondent Government Servants i......strative Appeal Nos. 3 & 26 of 1992 respectively). Judgment: MH Rahman J.- Leave was granted in these two appeals for determination of a common question of law, namely, whether the respondent Government Servants in CA..Category: Administrative Law | Date: | Hits: 114
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 ......als must have a rational nexus with the order and are not extraneous to the purpose of the Act, and that the alleged activities are to be proximate to the date of order of detention. However, these principles cannot be applied like litmus papers, used as indicators in an acid test. In a p......der section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and for that there was resentment and hatred against him in the minds of the public. The detenu was pre......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 ..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 ......2(1) (ii). 40. In an expropriatary legislation where by mere rule of thumb a property eschews to the State, the expropriating authority will be bound by its own stand. Also it is a cardinal principle of interpretation of expropriatary statutes that it should be strictly construed. The sco......valid under the Nationalisation of Industrial Enterprises Order, 1972. 2. Facts of the case have been set out in detail in the Judgment of my learned brother Mustafa Kamal, J. I would therefore not repeat them but I shall discuss them in brief where it is necessary. Both these appeals......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 ..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......udgment and order passed by the Special Tribunal, Court No. 11, Dhaka in Special Tribunal Case No. 135 of 1989 convicting the appellants and sentencing each of them to suffer rigorous imprisonment for 7(seven) years and to pay a fine of Taka 500.00, in default to suffer rigorous imprisonment for......it was incumbent on their part to get it recorded and proceed thereafter. Expert examination of the garments of the victim and accused persons and seizure of the carpet for examination for correct determination of the truth of rape should have been made. Further, P.W. 4 was violated on 4.12.88 a..Category: Criminal Law | Date: | Hits: 66
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. ......special leave, a common question of 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, counti......s are performed in due and normal course there is no scope for the Election Commission to intervene. After the notification any dispute regarding the election is to be brought to the Tribunal for determination". 7. But it was also indicated in that decision by this Court that on many occasion..Category: Election Law | Date: | Hits: 117
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....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 ......ding and it implies the hearing 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 prese......bsp; MH Rahman J.- On April 15, 1960 the appellant was appointed as an Assistant Communication Engineer in the Civil Aviation Department. The Government of Bangladesh formed a corporate body, namely, Civil Aviation Authority of Bangladesh by Civil Aviation Authorit......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)
....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 ......circumstances where it is reasonable to suppose that they would have agreed to some right being acquired if they had thought about the legal position. I can see nothing contrary to ordinary legal principles in holding that the spouse who makes the improvement has acquired such a right ... if a......the High Court Division, Dhaka in First Appeal). Judgment: MH Rahman J.- The husband, the appellant before us, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka...... leaves a wide area in which the court could exercise an unfettered discretion to deal with the title in whatever way it thinks just in the circumstances as they exist at the time of the courts determination which is generally after the break‑up of the marriage." 16..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 ......ction can be taken under sections 107 and 151 Cr.P.C. to prevent breach of peace, but no order by a Criminal Court for attachment of the property under section 145 Cr.P.C. can validly be made. This principle was laid down in the case of Shah Muhammad Vs. Huq Nawaz and the State, 23 DLR (SC) 14 ......nd Md. Shahabul Huda Vs. Md. Sahafi 36 DLR (AD) 44, Re NP Essappa Chettiar AIR 1942 Mad. 756; The Corporation of Calcutta Vs. Bijoy Kumar and others AIR 1924 Cal. 334 and Commissioners for the Port of Calcutta Vs. Suraj Mull Jalan and others AIR 1929 Cal.464, Dinonomi Chowdhrani Vs. ......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
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ...... MH Rahman J.- Respondent, Shakhipur Islamia High School, instituted Title Suit No. 112 of 1969 in the First Court of Munsif, Chikandi, for declaration of title to the suit land, described in 'Ka' schedule to the plaint, an area of .92...... 'hat' includes a day as well. 10. Let us refer to the ratio decidendi in Yusuf Ali Chowdhury Vs. Province of East Pakistan 11, DLR (SC) 316 (318) "The sole question for determination in this case, therefore, is whether hats and bazars fall within the three classes of..Category: Property Law | Date: | Hits: 64
12481242124012391236123412311221121512131211120912041202120111981196119511921188