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Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......t appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting away of paddy does not lie against the defendants. Case Referr..Category: Property Law | Date: | Hits: 56
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ...... case may call for interference under section 165 A of the Code where even on the admitted facts no criminal case stands against the accused, and further prolongation of the prosecution would amount to harassment to an innocent person, that is, abuse of the process of the Court. There ......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
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 ......e Arbitrator in the case. The claim was contested by the then Government of East Pakistan contending that the claim was highly inflated; that the Deputy Commissioner awarded a fair and reasonable amount of compensation having regard to the quality of the land, the situation and all other advan......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 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....etaries of the Industries Division nominated by that Division. (g) The Director General, Investment Promotion and Supply. As per clause 14 the Chairman of the Council shall be appointed on whole time basis by the Government and the Chairman shall be the Chief Executive of the Council and......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 ......e from investments and royalties ; (d) loans raised by the Council with the prior approval of the Government; and (e) receipt from other sources allowed by the Government. (2) All money in the fund of the Council shall be deposited in such bank or banks as may, from time to time..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....al Attorney General, however, conceded that if the order of the Minister concerned directing the Railway Board to take back the appellant in service is not treated as an order to re-employment, the whole of the impugned order would not be justified. The learned Additional Attorney General merely r...... order dated November 25, 1976 asking him to officiate as Executive Engineer as a fresh appointment with effect from November 30, 1972 against work-charged post and also directing him to refund the amount overdrawn by him. This order was challenged by a writ petition. The writ petition was conte......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 ..Category: Employment/Service Law | Date: | Hits: 77
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 ......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 ......case which is the exclusive jurisdiction of the Labour Court". 6. The facts leading to the dismissal of the appellant reveal that the only charge against her was one of stealing a certain sum of money from the hotel room occupied by a foreign guest. The High Court Division on examination of the..Category: Labour and Industrial Law | Date: | Hits: 106
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......r Act. Seen the record also. The offences alleged are all bailable except u/s 379 B.P.C. Considering all the aspects the accused persons are granted bail of Tk. 500/- with two sureties of the like amount each. 3. Against this order the informant filed a revisional application before the Ses......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ..Category: Criminal Law | Date: | Hits: 60
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 ...... 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 ...... case of Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94. In this case the plaintiff instituted a suit against her husband, his son, defendant 2, and two banks in India with whom money had been deposited on fixed deposit receipt and the claim was brought by the lady for a decla..Category: Civil Law | Date: | Hits: 112
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......e tenant in a similar manner about the change of ownership of the premises. The rent for the premises was Taka 1200.00 per month. The tenant remitted the rent for the month of November 1987 by postal money order to the new landlords. Allegation of the tenant is, that the new landlords purposely avoi..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......clean hands. We have noticed with displeasure that the petitioner has not even included in this petition the affidavit‑in‑ opposition filed by the respondent Bank in the High Court Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petiti......the tender fixed on 23.4.90. Because of stay order from the Court, the Bank could not inform respondent No. 8 about acceptance of its offer until 24.5.90. On 29.5.90, respondent No. 8 paid the entire money by pay order and asked for sale certificate and possession. The Bank issued sale certificate i..Category: Banking Law | Date: | Hits: 142
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....by the Special Judge only for the amount which was realized by the said dakhila even though it was found by the Special Judge that the prosecution had proved the entire case i.e. in respect of the whole amount alleged to have been misappropriated. 7. Prosecution examined 34 witnesses at th......uired 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 enter the receipts in the office records and registers......, used to maintain Register IV (Cash Book). Register V(treasury pass book), Register III (daily collection register), rent receipt book DCR, etc and that all Assistant Tahsilders used to hand over money collected by them to the respondent and it was his duty to prepare challan, write pass book a..Category: Criminal Law | Date: | Hits: 41
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 ......l circumstances indicating the learned Counsel's total dependence on his clerk because of his illness or such other good reason when a clerk's failure to inform the date of hearing to the Counsel may amount to be a sufficient cause for the Counsel's non‑appearance at the Lime of the hearing. No sp......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 ..Category: Limitation Law | Date: | Hits: 271
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....the Magistrate on receipt of Police report under section 169 there is no proceeding in or in relation to any court and therefore, no complaint by the court is necessary." 12. The whole of the argument in support of the view that in the facts under consideration section 195(1) (...... the proceedings Wore a Magistrate in which he agrees with the report by the police under section 169 Criminal PC, and the proceedings in remand or bail applications during investigation will not amount to proceedings in or in relation to court." 14. The majority Judgment, how......the said school. On 18 April, 1970 the appellant filed an FIR alleging that Satya Narayan Pathak and others criminally trespassed, assaulted and abused him in filthy language and committed theft of money and valuable documents of the school. The Police started a case under sections 147, 48 and 3 ..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 ......t 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 of the spoiled goods Tk. 8885/50 and held him ......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 ..Category: Labour and Industrial Law | Date: | Hits: 79
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 ......unsel for the Corporation, has seriously assailed the High Court Division's view about locus‑standi and has argued that the Corporation having a separate entity of its own and invested a huge amount of money in this enterprise, its interests are directly affected by the High Court Division......the Corporation, has seriously assailed the High Court Division's view about locus‑standi and has argued that the Corporation having a separate entity of its own and invested a huge amount of money in this enterprise, its interests are directly affected by the High Court Division's finding ..Category: Property Law | Date: | Hits: 65
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
.... The fourth charge was that on 17.1.88 he came to the office at 9.00 AM, initialled the attendance register, left the Bank without any permission of the authority and remained absent throughout the whole day which hampered the normal functioning of the Bank and caused great inconvenience and loss......pondent No. 1 filed Complaint Case No. 19 of 1988 before the First Labour Court, Dhaka on 3.3.88 wherein he averred that charge Nos. 1-4 are past and closed transactions and that these also do not amount to misconduct within the meaning of section 17(3) of the said Act. He also averred that char......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 ..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 ......ng known as the Janata Tower was constructed thereon. Out of taka ten crores required for the construction of the building, Taka 3, 50, 00,000.00 was taken from the Uttara Bank as a loan and the same amount was found in his possession in his capacity as a public servant who failed to account for the......11, 1989 plot Nos. 49, 49A, 49B and 49C were allotted to four different groups. Plot No. 49 was allotted to Md. Shahinur Islam, Md. Sadeque and Akhtara Begum at a total price of Tk. 23,22,600.00. The money was deposited on September 18, 1989. The lease deed was registered on October 21, 1989. On the..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....irmed employee of the IDBP for “construction of a house on a land already in his possession or in possession of his wife" provided other conditions are fulfilled. If Ext. 1 is read as a whole it will be clear that it was influenced by Ext, 3, written for facilitating the granting of a......ith remove the work of a permanent character which he has put up after incurring expenditure. In such an event the transaction ceases to be a mere licence at will but may in certain circumstances amount to a license coupled with a transfer of interest or at any rate a case where the licensee......August, 1980 when the relationship between the spouses became strained. On 25th February, 1982, the wife obtained a decree of dissolution of the marriage with her husband after foregoing her dower money. 3. The appellant's case is that his wife gave him possession of the land in 196..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 ......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 ......upon the facts and circumstances of each case. As a general rule an application to reject a plaint ought to be filed at the earliest possible opportunity, so as not to fritter away time, energy and money on a fruitless litigation. If a defendant prefers to file such an application after the issu..Category: Property Law | Date: | Hits: 81
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