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Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......stitution. 4. The High Court Division on consideration of the judgment of the Labour Court and also the petition and the affidavits filed before it set aside the judgment of the Labour Court holding that the domestic enquiry was neither held properly nor bonafide and the enquiry report was ..Category: Labour and Industrial Law | Date: | Hits: 106
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 ......tion 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 land from five raiyati holdings by a registered kabala dated May 5, 1965. Respondents No. 1 to 5 claiming to be tenants of ..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. ......allegations should be brought to his notice and he should be given an opportunity to submit his defence and if the authority not satisfied with his explanation his case would be disposed of without holding any inquiry and on consideration of his explanation. 6. For maintaining an application ..Category: Employment/Service Law | Date: | Hits: 72
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 ...... rightly allocated the onus on the appellant about the migration of his vendors and whether the property could be declared as enemy property in 1975 and whether the High Court Division was correct in holding that the question of migration being a disputed fact the order of the Enemy Property autho..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 ...... Division observed that "these proceedings are to be pursued under the ordinary law in accordance with the procedure of Code of Criminal Procedure." 7. The reasons adverted to by them after so holding would appear from the following passage in their judgment: "The State in its legislat..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 ......er court either in appeal or revision or both. In that view of the matter the decision of the Madras High Court in the case of Pichu Ayyangar Vs. Perarulala Ramanuja Jeer Seamigal, ILR 1940 Mad 901 holding to the contrary does not commend to us. The first anomaly is, if a party has taken an appea..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......tion under section 115 of the Code of Civil Procedure. 3. A Division Bench of the High Court set aside the order of appointment of a receiver of the lands under attachment by the Magistrate holding that a receiver could not be appointed by a civil Court in a suit for declaration of title..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......he person claiming pre‑emption must show his existing interest in the land, that is, in the case of a co‑sharer it must be proved that the pre-emptor has got subsisting interest in the holding and in the case of contiguous-owner it must be proved that the pre-emptor has got subsistin..Category: Property Law | Date: | Hits: 54
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 ...... that the accused persons hiding themselves in the adjoining Kashban from before came out of it variously armed with deadly weapons like gun, ramdao, gupti, dagger, etc. Appellant Nawabul Alam was holding a gun. Appellant Khalilur Rahman passed an order to finish the three of them. Nawab opened ..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......of 1988 summarily rejecting the Writ Petition after affirming the Judgment of the Court of Settlement, Bangladesh Abandoned Buildings, Dhaka passed in Settlement Case No. 1103 of 1987 in respect of holding No. C/56 3rd Colony, Mirpur, Dhaka. 2. The appellant's case, in short, is that holdin..Category: Property Law | Date: | Hits: 63
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 ...... and 19 of 1973 in the Court of Munsif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in question. 2. The trial Court dismissed the petitions after holding that the pre-e..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 ......section (2) of section 222 of the Code of Criminal Procedure. 5. Leave was granted to consider whether the learned Judge of the High Court Division acted rightly in the facts of the case in holding that the prosecution failed to prove its case beyond reasonable doubt. 6. The learned..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....id Act. 'Industry', under the said Act, "means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft or industrial or agricultural occupation or avocation of workman". This definition of "Industry" in t......tructure of trade unions is a legitimate domain of legislative exercise and no worker has a fundamental right to a particular form of organisational set-up. To hold otherwise will be tantamount to holding that once trade unions are formed along a particular organisation pattern and registration ..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......he aforesaid vesting in VP Case No. 33 of 1978 and are in possession and that as such they arc necessary parties. 4. The learned Subordinate Judge by order dated 9.10.90 rejected their application holding that the appellants were lessees for 1389 BS only and there was no paper to show that they w..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....guous land‑holder was explained and it was observed that one of the purposes for allowing pre‑emption to a Contiguous land‑holder was apparently to help enlarge small uneconomical agricultural holdings by consolidation or amalgamation. 5. In the instant case, the learned...... refused pre‑emption to this extent relying upon an observation of this Court in Ahmed Hossain Ys. Basharat Ali, 32 DLR (AD) 54. In that case lands in several plots comprising five different holdings, but touching each other only marginally and not forming a compact block of land, were sou..Category: Property Law | Date: | Hits: 72
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 ......nd the acceptance thereof on 8.12.91 respondent No. 5 was a disqualified person within the meaning of section 7(2) (f) of the said Ordinance. The High Court Division, it was urged, erred in law in holding that the order of cancellation of dealership came into effect from 25.8.91 upon the Rule be..Category: Election Law | Date: | Hits: 106
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 ......tive powers issued by the Deputy Secretary of the Ministry of Agriculture and Forest on June 4, 1981 and making the Conservator of Forests as the appointing authority for the posts respondents were holding at the time of the order of compulsory retirement. 2. In both the matters the Admin..Category: Administrative Law | Date: | Hits: 114
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......that the Magistrate had taken cognizance of the offence in violation of section 195(l) (b) of the Code. A single Judge of the High Court having heard the matter refused to quash the proceeding upon holding that 11 whatever the view of the other High Courts may be the consistent view of this High..Category: Criminal Law | Date: | Hits: 40
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
....sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......not satisfied with his explanation the defendant constituted a Committee of Enquiry. The petitioner appeared before the Committee and gave the same explanation, but the Committee submitted a report holding him guilty of misappropriation of the amount. The respondent, employer, deducted the value..Category: Labour and Industrial Law | Date: | Hits: 79
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 ......criminal prosecution or preventive detention it is for the executive to decide which course to follow, but the law does not authorise to follow both simultaneously". This observation while upholding the order of detention was not called for in the facts of the case. The Appellate Division i..Category: Criminal Law | Date: | Hits: 88
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