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Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ...... portion of section 4 of the Administrative Tribunal Act, 1980 run as follows: "4. (1) An Administrative Tribunal shall have exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic in respect of the terms and conditions of his service includ..Category: Labour and Industrial Law | Date: | Hits: 111
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......e Union Parishad Election Rules, 1983, Rule 70 It does not appear that the respondent was very much keen or vigilant for participating in the election otherwise he would have made efforts as other persons from other Unions did and obtained favourable orders from the election commission following ..Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......uing the decree passed in T.S. 36/68 and ultimately held that "when a decree declares that the notice under section 5(1 a) was 'not served on the plaintiffs', it cannot be understood to mean that a personal notice on the plaintiffs under section (5(1a) was not served. The decree will be understood..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......ently being used as police box and office. During the War of Liberation and afterwards the whereabouts of the owner were not known, the owner ceased to manage, supervise and control the said house in person and that The government, accordingly, took over the property as abandoned property. It was al..Category: Property Law | Date: | Hits: 54
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ...... by using this expression for constituting the election appellate tribunal and empowering to hear him an appeal from the decision of an Election Tribunal, it cannot be intended that he is to act as a persona dcsignata. While making such legislation the law making authority is supposed to know the de..Category: Election Law | Date: | Hits: 125
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......ontinuance in Force) Order, 1958. This Sub-Clause (b) of Clause (5) of Article 6 reads as under:- "Nothing in this Article or in any law, rule or instrument having the force of law shall prevent a person mentioned in clause (1) from being-(b) retired for any cause mentioned in the proceeding sub-..Category: Employment/Service Law | Date: | Hits: 80
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... there is no material on record to show that the appellants had no reason to kill victim Siraj Ahmed………………(45) The Evidence Act, 1872 (I of 1872), sections 3 & 53 Whenever interested persons claiming to be eyewitnesses of an occurrence charge persons against whom they have some moti..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......question is when the section is applicable. It can come into operation only if the tenant has not only sub-let but also transferred such commercial undertaking together with the premises to the third person, that such person to whom such premises have been so sub-let then and then only the consequen..Category: Criminal Law | Date: | Hits: 47
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......3(2) In this case "robbery" and "unauthorised possession of fire arms" are not the offences of same nature as contemplated in these two sections. Rather, these are two distinct offences for which a person may be charged for each of them as provided in section 235(1), Cr. P.C. It is clear that tria..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......in favour of his brothers even before execution of kabuliyat he was not entitled to an order of injunction. 7. The High Court Division relied upon some decisions in which it has been said that a person in wrongful possession of property is not entitled to be protected against the lawful owner b..Category: Property Law | Date: | Hits: 29
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article 102 requiring him to show under ..Category: Election Law | Date: | Hits: 130
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......86 the appellants and others trespassed into his land, damaged paddy by ploughing and on protest committed rioting with fala, knife, etc. and injured one Hurmatullah causing several injuries on his person who ultimately died in Shibganj Rural Health Centre on 7.10.86. The Upazila Magistrate reco..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......e case closely we like to refer to some of the decisions cited from the Bar. When the Penal Code was made in 1860 section 34 was in the following terms:- "When a criminal act is done by several persons, each of such persons is liable for that act in the same manner as if the act was done by hi..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......lso seen the prayer of the Court Inspector for withdrawing the case against the accused Harun Sikder, Shah Alam Sikder, Abdul Khaleque Sikder and Abdul Jalil Sikder on the ground that the accused persons who are University students and were members of the Muktibahini during liberation period and..Category: Criminal Law | Date: | Hits: 43
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127....... 135 of the Constitution and erred in holding that reduction in rank covers the case of the respondent. The relevant portion of Article 135 of the Constitution is quoted below: “135(2). No such person shall be dismissed or removed or reduced in rank until he has been given a reasonable oppor..Category: Employment/Service Law | Date: | Hits: 66
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......cation for pre-emption as stated earlier. 6. It appears that the courts below made a wrong approach of the case when they were dealing with the point as to whether Sakhina and Rokeya are the same person. It should be noted that the appellant’s purchase was on 21.4.51 and he was inducted into p..Category: Property Law | Date: | Hits: 33
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101....... him in my presence and you say I am deposing falsely etc.” 10. It was observed by the learned Judge of the High Court that the aforesaid expression at P.W.7 might have evoked sympathy in a lay person but while assessing his evidence, the Additional Session Judge was led by emotion so that h..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ...... tenants holding land contiguous to the land transferred not having been impleaded within the time the original applications was bad for defect of parties and in spite of subsequent addition of those persons as parties, the application was barred by limitation. The learned Judge being of the view th..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......may call for interference section 561A 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 an innocent person, that is, abuse of the process of the Court. There might also be cases where it appears that ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
...... mentioned for our purpose. Article 7 says that the Board shall not make a recommendation to the Government unless the Government servant concerned has been given an opportunity of being heard in person without being accompanied by any friend, adviser or legal practitioner. The Board in comp..
Category: Employment/Service Law | Date: | Hits: 72
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