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State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......retrospective effect will not be given to it without plain words, so that for example the right of a plaintiff to continue the action already begun was not affected by a subsequent statute imposing a period of limitation, whilst the applicability to pending proceedings of a provision altering the st..Category: Criminal Law | Date: | Hits: 294
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ...... such application shall be made within 6 weeks of the service of notice by the District Magistrate under clause (b) or within 3 months from the date of the order of assessment, which ever period shall later expire". 6. The reading of the above provisions indicates that for the a..Category: Others | Date: | Hits: 86
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 ......may be referred to it by the Government or the Governing Body. 6. TERM OF OFFICE OF THE MEMBERS.- (1) Subject to the provisions of paragraph 8, every nominated member shall hold office for a period of three years from the date of his signing the roll of members or until the reconstituti..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....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 ...... back in his service ; and in pursuance of the decision an Office Order, dated November 4, 1972 was issued and the appellant was taken back in his service as per order dated November 16, 1972 and the period of absence was allowed as on leave. The appellant was posted as Deputy Chief Engineer on the ..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ...... The order of compulsory retirement even if passed with immediate effect the incumbent, due to the operation of this proviso, is entitled to the benefits as admissible under this rule, only for the period from his appointment to the date of suspension and thus such order has not affected any sta..Category: Employment/Service Law | Date: | Hits: 72
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......re occasion that this extra-ordinary jurisdiction is invoked to meet the ends of justice, and it is to prevent any impending mischief or disaster for which no ready statutory remedy is available. The period of one year obviously is too long a period. It has been stated earlier that the hardship of t..Category: Tenancy Law | Date: | Hits: 69
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 ......ears to have weighed with the first appellate Court, the provision of section 3 of the Limitation Act stands in the way of accepting it as correct. It clearly sap that in appeal preferred after the period of limitation prescribed thereof by the first schedule shall dismissed, although limitation..Category: Others | Date: | Hits: 119
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......ourse in spite of this Judgment. 19. Mr. Asrarul Hossain next submits that the respondent will suffer irreparable loss and injury if the appellant continues with his construction for an indefinite period and to minimise the respondent's apprehended loss the suit should be disposed of expeditiousl..Category: Property Law | Date: | Hits: 66
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 ......ficer‑in‑Charge of Narail Police Station came to the place of occurrence at 10‑00 AM and they stayed there upto 12 noon. It is stated by P.W.s 1-5 uniformly that during this long period of nearly 4 ½ hours no one thought of lodging an FIR and no written complaint was su..Category: Criminal Law | Date: | Hits: 60
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ...... under sub-section (1) of section 96 any of the remaining co-sharer tenants including the transferee, if one of them, and the tenants holding land contiguous to the land transferred may, within the period referred to in sub‑section (1) or within two months of the date of the service of the ..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......der of Moukaran Tahsil Office under the Government Acquired Estate, Patuakhali had collected Tk. 15,508.52 Paisa as rent taxes, etc. from different tenants by granting 411 rent receipts during the period from 1.10.61 to 9.9.62 but did not deposit the amount to the Government treasury nor did he ..Category: Criminal Law | Date: | Hits: 41
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 ......groups of the Biman organised their trade unions along professional lines and what is more, obtained registration from the Registrar and have been acting as Collective Bargaining Agents for a long period. There may well be very good pragmatic reasons for allowing them to do so, but was their reg..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 ......to be a dealer "appointed by the Government". Mr. Ahmed frankly concedes that it is not material whether respondent No. 5 was actually dealing in essential commodities during the relevant period because the law of disqualification is confined to the fact as to whether he "is a deal..Category: Election Law | Date: | Hits: 106
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......ponsible and ordered for a fresh inquiry on a fresh charge sheet for ascertaining the employee's specific guilt. It was further ordered that the employee be treated to be under suspension from the period of his compulsory retirement till final disposal of fresh inquiry proceeding. 4. The ..Category: Administrative Law | Date: | Hits: 100
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 ......igation, detection and trial of an offence, seemingly similar to a prejudicial act, are there, (examples of abuse of the law for collateral purposes are scattered in the law reports) and where the period of detention can be extended without any time‑limit set in the law the court must exam..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 ......e Societies Ordinance, 1984 provides that no person who has been a Member of a Managing Committee for consecutive 3 years shall be eligible for being elected as an Officer of such Society unless a period of 2 years has elapsed before the expiry of his last term as such a Member. 3. The H..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)
....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 ......spondent on flimsy grounds and stating that in future the respondent must obtain prior approval. He also draws our attention to section 5(3) of the Act and submits that remaining absent beyond the period of leave originally granted is attended with loss of lien to the worker's appointment unless..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....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 ......ge under section 5(i)(d) of the Prevention of Corruption Act, 1947 no such sanction was obtained for prosecuting the offence under section 5(i)(e) of the Act alleged to have been committed during the period while he was admittedly in public office as the President of the Republic. The order of sanct..Category: Anti-Corruption Laws | Date: | Hits: 302
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 ......f Act makes this distinction clear: "Temporary injunctions are such as are to continue until a specified time, or until the further order of the Court. They may be granted at any period of a suit, and are regulated by the Code of Civil Procedure. A perpetual injunc..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ...... fraudulently reconnected the line again and continued with the consumption of electricity. It appears that in May, 1987 the appellant paid about Tk. 7,000.00 against five bills which were for the period of January to May, 1986 (vide Annexure ‘D’ series to the writ petition). ..Category: Criminal Law | Date: | Hits: 71
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