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East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others Vs. Md. Abdul Hye Bhuiyan, 1981, 10 CLC (AD)

....persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......arge in writing shall be framed and explained to the delinquent in respect of each of­fence which has not been admitted by him, and the evidence. In support of it, as well as his defence, shall be recorded in his pretence: Provided that for special reasons to be recorded in writing the Office....... This Case is also Reported in: ......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 109

Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)

....w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......prosecution witnesses were examined, He was convicted in both the cases and the judgments were given on 24-2-77 in Case No. 1 and on 31-3-77 in Case No. 2. In both the judgments the Martial Law Court recorded that the proceedings of the case be submitted to the Chief Martial Law Administrator for re......re set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..

Category: Criminal Law | Date: | Hits: 287

Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)

....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......n a number of grounds the main ground being that the pre-emptors are not contiguous land holders in respect of the entire land transferred. The 'land transferred' consists of seven plots all being recorded under one khatian. that is, Khatian No. 97 Mouza Sultanpur and the total area of these pl...... 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......ds the main ground being that the pre-emptors are not contiguous land holders in respect of the entire land transferred. The 'land transferred' consists of seven plots all being recorded under one khatian. that is, Khatian No. 97 Mouza Sultanpur and the total area of these plots is 1.28 acres or..

Category: Property Law | Date: | Hits: 66

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......unishment shall be awarded except in proceedings in the prescri­bed form (B. P Form No. 164). Clause (b) provides that a definite charge with necessary particulars shall be framed before evidence is recorded. The person charged shall be given a copy of the charge and shall also be allowed to take c...... removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..

Category: Constitutional Law | Date: | Hits: 188

Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)

....e and Baniakhamar Hafizia Madrasha Centre were mainly made the subject matter of the election petition. In the election petition it was alleged, inter alia,- (a) That the respondent was wrongly declared as elected Chairman illegally showing that he secured 335 votes more than the vot......d for the purpose   and shall declare to be elected the confessing candidate. In favour of whom the highest number of votes have been cast; and in the case of equal number of votes being recorded in favour of two or more contesting candidates, at of whom cannot be declared elected, sel......lowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..

Category: Election Law | Date: | Hits: 121

Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)

.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......all for records of inferior courts for examining any proceeding "for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to legality of any proceeding of such Inferior court and may when calling......de and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..

Category: Criminal Law | Date: | Hits: 61

Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)

....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......a few hours after the sentence has been awarded. These considerations cannot be ignored in determining whether the Common Law rights of an appeal to His Majesty-in-Council ever applied to convictions recorded by Courts Martial. 17. In English jurisdiction, we find cases which need to be mentione......is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 327

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......ors Grant Gilmore and Charles Black have summarised the his­tory of lien and maritime claim during the course of 19th and 20th century, on both the sides of the Atlantic. The consensus of opinion is recorded as follows: "The only liens recognised today are those created by statutes and those hi...... Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264

Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)

....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......also been paying rent. Appellant asserted that the aforesaid plots are situated far away from plot No. 12408 of Khatian No. 3031-3 in Mouza Palaspole, covering an area of 2.2 acres which has been recorded as hat and bazar in the settlement records and other records of right. No other plot ha...... made without any lawful authority and as of no legal effect. Ed. ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..

Category: Property Law | Date: | Hits: 61

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......he title deeds are with her. Her husband merely helped her in these affairs. The properties were duly mutated in the Municipal register and is the Revisional Survey Settlement and her name has been recorded as the owner of the said properties acquired by exchange. She paid the government revenue ......h costs. Ed. ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 448

Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

....r certain period from the forest Malini and Gola Ranges. The Divisional Forest Officer some time thereafter cancelled by an order as sleepers against the tally in the earlier allotment season were wrongly allowed and directed for re-inspection for allotment for the next season and the timber alr......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ...... cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..

Category: Property Law | Date: | Hits: 53

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....No. 3823 dated 18.5.1971, issued by the Assessing Officer, Narayanganj Range, Main contentions of the respondent in the aforesaid Writ Petition are: (a) that valuation of the holding has been wrongly revised under rule 10(a) and fresh assessment made: (b) that in the absence of any speci......at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:...... the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..

Category: Fiscal/Taxation Law | Date: | Hits: 76

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....t an emplo­yer could not avoid a reference by the Minister if the matter was reported to him, discharging his workmen and saying “they are no longer in my service whether I rightly or wrongly dismissed them." 96. Having given my anxious consideration to the definitio......agreement on the issues raised in the com­munication through the medium of a dialo­gue. If the parties reached a settlement on the issues discussed, a memorandum of settle­ment shall be recorded in writing and signed by both the parties and a copy thereof shall be forwarded to the Con......gly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 91

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......d and for injunction. The suit was dismissed. The appeal filed by the Appellants being Title Appeal No. 330 of 1960 was also dismissed. The Appellants thereafter filed a Second Appeal where it was recorded by a Division Bench that "Mr. A.W, Chowdhury, the learned Advocate for the Appellants......d. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 66

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....at the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs to take settlement from him. After finding on enquiry that the suit land was wrongly recorded in the name of defendant No. 2 as Magura beel the plaintiffs filed the suit. ......nd after the expiry of that period they continued to possess the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs ......appeal is dismissed. No costs. Ed. ......of defendant No. 2 as Magura beel the plaintiffs filed the suit. 3. The Government's case is that the suit land is a fishery, locally known as Magura beel fishery and it was recorded in the khatian of the Deputy Commissioner under section 20(3) of the State Acquisition and Tenancy Act as ..

Category: Property Law | Date: | Hits: 69

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....haliq did not file any cross-ob­jection challenging the findings of the trial Court on the issues that were decided against him. The High Court took the view that the onus of proving issue No. 4 was wrongly placed on the plaintiffs. It also held that the evidence, adduced, which consisted of copies......ne, Waziruddin, for possession after declaration of their respective shares as the heirs of one, Mo­ulvi Abdul Aziz who had died in 1926 or 1927. After his death his properties had, it appears, been recorded in Sole Nama of the respon­dent, Moulvi Abdul Khaliq, who was his bro­ther's son. Hence t...... also Reported in: 25 DLR (SC) (1973) 104. ......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......k guidance and power from some other law, as will be evident from the last few words of section 4 of the Ordinance which fan as follows: "4. Orders to be passed upon a fin­ding.- Every finding recorded by a Com­mittee under section 3 shall together, in the case of a finding against the per...... case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..

Category: Administrative Law | Date: | Hits: 106

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......ly as direct­ed by the High Court due to dilatory tactics adopted by the accused. However, by the 1st of July, 1970, the statements of the four eye­witnesses and most of the material witnesses were recorded when the respondent No.1 moved a fresh  application for bail being Cri­minal Miscellaneou......t granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..

Category: Criminal Law | Date: | Hits: 96

Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)

.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ...... however, drew our attention to the provisions of section 426 of the Code of Criminal Procedure which provide that pending any appeal by a convicted per­son the appellate court may for reasons to be recorded by it, in wriiing, order that the exe­cution of the sentence or order appealed aga­inst b......Appellants Vs. Ali Sher Sarki..............................Respondent Judgment September 2, 1970. The West Pakistan (Control of Goondas) Ordinance, 1959, section 18 The power of the appellate authority (the Commissioner in the prese...... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ..

Category: Criminal Law | Date: | Hits: 49

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

.... possession in that it was not noticed that the material evidence in that behalf was overlooked by both the Courts inasmuch as the same mistake was committed by the learned Judge himself and it was wrongly held that the elements constituting adverse possession are lacking in the case. The eviden......out any order as to costs and the suit is decreed without any costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 173.  ......bsp;                            Syed JR Mudassir Husain J                ......out any order as to costs and the suit is decreed without any costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 173.  ..

Category: Property Law | Date: | Hits: 53