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Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......ow the 'Kaun', but he did not so. But after two months he went to plough up the land to destroy the crop for the purpose of re-establishing his possession. This is not permitted by law as during this period he could have resort to public authorities. Right of private defence of his property will n..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......Harun Sikder, Shah Alam Sikder, Abdul Khaleque Sikder and Abdul Jalil Sikder on the ground that the accused persons who are University students and were members of the Muktibahini during liberation period and that Govt. desires to withdraw the case against those four accused on the said ground. Se..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......rary and as such the appellant was justified in passing the order of reversion to his present post. This contention would have been very much appreciated if the respondent was appointed for fixed period with the suffix temporarily. The word ‘temporarily’ used in Annexure ‘B’ to the Writ ..Category: Employment/Service Law | Date: | Hits: 66
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......ctor, made by the Labour Court of Chittagong under section 23(1)(b) of the Employment of Labour (Standing Orders) Act, 1965, was challenged. 2. Respondent No.2 appears to have gone on leave for a period of 14 days with effect from 13-1-76. On the expiry of the leave she applied for its extension..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......imuddin Matbar, Mati Matbar and Abu Matbar are set aside and those passed by the trial Court are restored. Death sentence against respondent Fagu Matbar cannot be confirmed in view of lapse of long period since the order of acquittal passed by the High Court. On that ground the sentence is commute..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....on precedent to the filing of the application, it cannot be entertained and its non-fulfillment renders the application liable to be dismissed; and that in the absence of any power to extend the time stipulated in the Act, the order is wholly illegal and without jurisdiction and cannot be sustained.......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......istry. On 17-8-74 the Member Secretary of the Second Screening Board served a charge-sheet on the petitioner alleging, inter alia, that he had received furniture worth about Tk. 1,33,699/- during the period from 1-6-72 to 1-3-73 from the Wood Works Division of the Government but he did not enter the..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......enged his detention by a writ petition under Article 102 of the Constitution. The Deputy Commissioner of Pabna by his order dated 22-4-74, under section 3 of the Special Powers Act detained him for a period of thirty days and thereafter the Government on 24-5-74, passed under clause (a) of section 3..Category: Constitutional Law | Date: | Hits: 408
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......amed there under for the purpose of providing any limitation for approaching the High Court against an award under the Act, the High Court ought to have held that the appeal had been filed within the period of limitation, which would be three years in this case. Facts in short are, that the properti..Category: Procedural Law | Date: | Hits: 101
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....rused the judgment of the High Court Division and other connected papers. 8. He mainly argued that the deposit of consideration money along with compensation having not been made within the stipulated period as provided by law the pre-emption case was liable to be dismissed but the ......udgment of the High Court Division and other connected papers. 8. He mainly argued that the deposit of consideration money along with compensation having not been made within the stipulated period as provided by law the pre-emption case was liable to be dismissed but the High Court ..Category: Property Law | Date: | Hits: 35
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......intiff. As the witnesses examined by the plaintiff were all interested persons award of compensation has rightly been refused. However, the plaintiff is entitled to the salary towards the unexpired period of contract and that has been rightly done………………&h..Category: Employment/Service Law | Date: | Hits: 82
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......ame. 2. The relevant facts are that the appellant filed the above case before the Administrative Tribunal, Dhaka for declaration that he is entitled to get all the financial benefits for the period from the date of his retirement up to the joining his duties. 3. The appellant's cas..Category: Administrative Law | Date: | Hits: 103
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......equired to decide a matter which was beyond the pleading, that the document of the year 1927 was for 10 years and there was specific averment in the document of 1927 that on the expiry of the said period land shall go back to the landlord and the lessee shall have no claim in respect of the land..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ...... costs and directing exclusion of time from 4th January, 2005 when the respondent No. 4 was restrained from holding the election till the receipt of the copy of the impugned judgment in computing the period of 90 days for the holding of the election to the reserved seats. 2. The Civil Petition fo..Category: Constitutional Law | Date: | Hits: 221
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......nviction and sentence before the High Court Division. An application for bail was also moved before the said Division and by the impugned order the convict-respondent No.1 has been allowed bail for a period of one year in the aforesaid pending appeal. 4. Leave was granted to consider the followin..Category: Criminal Law | Date: | Hits: 184
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......idavit-in-opposition and denied the material allegations. They contended, inter alia, that the petitioner was commissioned in the Army on 29-3-1970 and retired from the Army on 31-12-1986 and this period was on his own request computed with his service under respondent No. 2 for the purpose of p..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......3 of the Ordinance it is seen that there is no scope for the Commission while it goes for preparation of fresh voter list with the lapse of time between the parliament election held earlier and the period fixed for finalisation of the voter list for holding election of the next parliament. In my..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......y retirement from service. We, therefore, find that the ground agitated before us is afterthought and that it cannot be said that the departmental proceeding was not finished within the prescribed period of 180 days. The petitioner might have taken time during the proceedings which are required ..Category: Employment/Service Law | Date: | Hits: 92
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....eller whereby the assets and liabilities of the company were agreed to be sold for a total consideration of Taka 91,00,000 on the stipulations contained in the said agreement dated 13-9-76. It was stipulated in the said agreement, inter alia, that the balance of the consideration would be paid b......as its godown and yard. Company acquired indefeasible title to the property in schedule by continuous possession and enjoyment of the same in open assertion of hostile title for over the statutory period without objection or obstruction from any of the heirs of late Abdus Sattar or anyone else. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....0. The approach itself was wrong because all these High Courts in the subcontinent had territorial jurisdiction. It was so during the British period. After Independence, the Constitution of India stipulated there should be a High Court in each State (Note there cannot be two High Courts in one S......June the learned Chief Justice had issued Notification constituting benches for the areas mentioned in Article 100. These were the very areas where the Benches were functioning during the Martial Law period and the Chief Justice was authorised to frame rules and nominate the judges to these benche..Category: Constitutional Law | Date: | Hits: 1934
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