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A. Z. Rafique Ahmed Vs. BD Council of Scientific and Indus­trial Research & ors, 1980, 9 CLC (AD)

....ng the writ petition on the ground that it was not maintainable,. Second question for our consideration is if it is found that the Council was a 'local Authority' and the Coun­cil having applied the Government Servants Discipline and Appeal Rules, 1976 to the proceedings drawn up against the appell......e Council", for duty. The Council absorbed the appellant in the Ad­ministration Branch and subsequently in 1974 the appellant was transferred to the technical side where he was given some additional job with additional remuneration.  When the appellant was serving in such position, he was served w..

Category: Employment/Service Law | Date: | Hits: 130

Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)

....esignation was a valid order. The learned Judges of the High Court Division discharged the Rule earlier issued on the Writ Petition, mainly on the consideration that as per service rules service of a Government employee stood forfeited on submission of resignation and the employee concerned could no......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

Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)

....adrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and ano­ther…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compul......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 ..

Category: Employment/Service Law | Date: | Hits: 72

Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)

.... Ruhul Islam, J K. M. Subhan, J Badrul Haider Chowdhury, J Azizul Molla …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the abse...... without any lawful authority and the order passed by the Prescribed Authority in conse­quence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..

Category: Employment/Service Law | Date: | Hits: 108

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 ......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 ..

Category: Property Law | Date: | Hits: 66

M. A. Hai Vs. Trading Corpo­ration of Bangla­desh, Dacca, 1977, 6 CLC (AD)

.... of synthetic fabrics of the value of Tk. 8,896/- from the godown at Siddique Bazar, Dacca. The appellant was charge-sheeted for misconduct and corruption under sub-rules (b) and (c) of Rule 3 of the Government Servants (Discipline and Appeals) Rules, 1976. He show­ed cause to the charges and in re......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. ..

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)

.... till 1975 long after coming into operation of the enemy property laws without the said au­thority being impleaded. Apart from this, the appellant has asserted his possession in the property and the Government in their affidavit-in-opposition, though have challenged the va­lidity of the sale deeds......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 ..

Category: Property Law | Date: | Hits: 58

Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)

....an Siraj but, as already mentioned, was later on shown arrested. 3. The Special Tribunal Case No. 98 of 1976 relates to a speech of the respondent who delivered it on March 8, 1974 criticising the Government exhorting the people to resort to direct action while following the programme of the part......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 ..

Category: Criminal Law | Date: | Hits: 66

Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)

....h 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Chhabra, AIR 1968 All (Lucknow Bench) 119; Maharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Jo......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 ..

Category: Others | Date: | Hits: 119

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

...., and on their application under section 5, Limitation Act, the High Court Division, by the impugned order, condoned the delay subject to payment of Taka 3,500.00 as cost to this Petitioner by the Government. 3. Mr. TH Khan, learned Counsel for the petitioner, has seriously assailed the ......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

Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)

....udgment:                 MH Rahman J.- In his Writ Petition No. 903 of 1992 the petitioner unsuccessfully challenged the Government's decision dated August 26th, 1991 to liquidate Bangladesh Consumers Supplies Co Ltd (re......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..

Category: Business or Commercial Law | Date: | Hits: 104

Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)

.....65 by an agreement of lease. The lessee Md. Hussain on 21.8.70 transferred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Government. Thereafter on 22.3.1979 Md. Khalil Miah transferred the property to Shahida Begum for ...... 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 ..

Category: Property Law | Date: | Hits: 63

State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)

....b Khan @ Abdul Mataleb Khan of the charge under section 409 Penal Code. 2. The prosecution case was that the respondent in his capacity as Head Tahsilder of Moukaran Tahsil Office under the Government Acquired Estate, Patuakhali had collected Tk. 15,508.52 Paisa as rent taxes, etc. from d......ondent prayed for showing compassion submitting that the respondent had not only suffered for die last there decades during which this case remained pending from court to court but he also lost his job long ago and at present he is almost invalid. The learned advocate also submitted that the res..

Category: Criminal Law | Date: | Hits: 41

Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)

....ce their right to registration is not the same as in the case of M/s. Raghubar Dayal Vs. Union of India, 1962 AIR (SC) 263, in which it has been held that the right to obtain recognition from the Government is not a fundamental right, but in Raghubar Dayal's case, an association could exist as ....... 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 ..

Category: Labour and Industrial Law | Date: | Hits: 103

Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)

....Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) and other officers, respon......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. ..

Category: Procedural Law | Date: | Hits: 111

Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)

....nds, namely, a tank. This tank was also separated from the pre‑emptor's land by a public path. The courts below including the High Court Division ignored the public path which belonged to the Government and over which no other person put forward any competing claim for pre‑emption. In......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..

Category: Property Law | Date: | Hits: 72

Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)

....esent: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Jud......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 ..

Category: Election Law | Date: | Hits: 106

Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)

....upreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alfu Miah and others.......................... Appellants Vs. Government of the Peoples Republic of Bangladesh represented by the Deputy Commissioner Dhaka & othe......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

Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)

....: 45 DLR (AD) (1993) 108 ...... 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 ..

Category: Administrative Law | Date: | Hits: 114

Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)

.... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Mujibur Rahman, Ex-Collector of Customs……………Petitioner Vs. Government of Bangladesh represented by the Secretary and others.... Respondents Judgment ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ..

Category: Administrative Law | Date: | Hits: 122