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

....istan Council of Scientific and Industrial Research Laboratories, Chittagong, and Pakistan Council of Scientific and Industrial Research Laboratories, Rajshahi were set up; and the Council though registered as a society, was directly controlled and financed by the Government of Pakistan. 6. A......ase in short is that he joined the service of the then Pakistan Council of Scientific and Industrial Research Laboratories, Karachi in the year 1962 as a Junior Technician and was promoted to the post of Technician on September 10, 1965 and thereafter he was promoted to the post of Senior Techni......gh Court Division 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 ..

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 ......eer in East Pakistan Railway on July 20, 1963 on a temporary basis and his service was regularised by an order dated February 24, 1971 with effect from his date of appointment. He was promoted to the post of Executive Engineer/Divisional Engineer with effect from January 22, 1966 and thereafter on......ng back the appellant in service amounts to re-instatement or re-employment. For proper appreciation of the controversy the impugned Office Order, dated July 29, 1976 is quoted below: BANGLADESH RAILWAY Office Order. No. 202-H/299(0) �..

Category: Employment/Service Law | Date: | Hits: 77

Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)

.... 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 the holdings, ......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 ......owed with costs. 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

Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)

....mprised in E.P. Case No. 228/70-71 originally belonged to Gour Chandra Karmakar and others and then it was transferred to Krishna Sundar Majumder, who in turn, sold the same to Kamini Kumar Nath by a registered Kabala dated 27.10 43. Kamini Kumar Nath was in possession of the property since his purc......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 ...... High Court Division 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

Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)

....ase under section 96 of the State Acquisition and Tenancy Act, 1950 for pre‑emption of the land transferred under the kabala dated March 14, 1972 for a consideration of Rs. 5,000.00 which was registered on April 9, 1972. Respondents 1-6 claimed to be co‑sharers by inheritance and resp......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 ......for raising the question 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 ..

Category: Property Law | Date: | Hits: 54

Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)

....cuit Company was monthly tenant in respect of the premises in question, carrying on business there and paying rent regularly to its owner Alhaj Md. Ashraf Ali for last 22 years. This landlord, by two registered deeds dated 2 November, 1987, sold away the premises to the Petitioners, Alhaj Mirjahan a......rmed the 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 purpose......in the impugned 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 ..

Category: Tenancy Law | Date: | Hits: 71

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

....omulgated to provide for the coordination of management of the affairs and business of certain public corporations for a limited purpose. The liquidation of Respondent No. 5 a Company, registered under the Companies Act cannot be challenged in Writ Jurisdiction of the High Court Divi......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 ...... High Court Division 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

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 ......rial Court noticed, it was quite wrong on the part of the High Court Division to come to any conclusion basing on his testimony. 36. Nor can the evidence of P.W. 12 Jahangir Atiq, who held post mortem examination into the dead bodies can be taken to be a corroborative evidence in the fac......side and the appellants 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 ..

Category: Criminal Law | Date: | Hits: 60

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

.... rejecting the writ petition did not at all apply their judicial minds to this material aspect of the case. 5. Leave was granted for consideration whether on the face of the existence of the registered sale deed dated 21.8.70 by the original lessee in favour of Md. Khalil executed much bef...... 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 ......103 of 1987 in respect of holding No. C/56 3rd Colony, Mirpur, Dhaka. 2. The appellant's case, in short, is that holding No. C/56, 3rd Colony, Mirpur, Dhaka was allotted to one Md. Hussain by ADC (Relief), Dhaka on 29.1.65 by an agreement of lease. The lessee Md. Hussain on 21.8.70 transferr..

Category: Property Law | Date: | Hits: 63

Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)

.... another charge sheet against P.W.s 1, 12 and 10 on the same day on the we occurrence, on the basis of suo motu FIR filed by the Sub‑Inspector of Police, Nalchity. 3. P.W. 1's case was registered as Sessions Case No. 587 of 1981. The suo motu FIR case was registered as Sessions Case......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ...... not on the merit of the case but because of the Court's failure to conclude the trial within the prescribed time. 7. This Court held in Alauddin Molla & ors Vs. State and others 40 DLR (AD) 282. "There cannot be any objection in law to the two cases being heard by se..

Category: Criminal Law | Date: | Hits: 40

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

....1,1923, 1924 and 2648 of 1990 and Writ Petition No. 133 of 1991). Judgment: Mustafa Kamal J.- One registered trade union, namely, Bangladesh Biman Sramik Union and four existing Collective Bargaini....... 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 ......ade Unions and ors ….........................Respondents [In CA No. 18. of 1993] Judgment August 18th, 1993. Case Referred to- Asaduzzarnan Vs. Bangladesh 42 DLR (AD) 144; Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Mvi. Md. Wa..

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

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 ......ribution of administrative 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 bot......sition at the time 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

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 ......1985. In November 1988 another order for his detention was passed, but the detenu evaded arrest by going over to India. For his oppressive and terrorist activities the detenu was suspended from the post of Chairman of Kotwalipara Upazila. So that nobody dares raise any objection against him, the ......ya AIR 1951 (SC) 157,Government of East Pakistan Vs. Rowshan Bijaya 18 DLR 214, Bangladesh Vs. Mohd. Abdur Razzak and another 43, Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD)1 and Sayedur Rahman Khalifa Vs. Secretary, Ministry of Home Affairs & ors 1986 BLD 272. ..

Category: Criminal Law | Date: | Hits: 88

Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)

....ation for pre‑emption under section 24 of the Non-Agricultural Tenancy Act, seeking to pre-empt the transfer made by respondent Nos. 2 and 3 to the appellant by kabala dated 4.10.74 which was registered on 9.6.76. The pre-emptor-respondents earlier brought Miscellaneous Case No. 281 of 1974 ......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ...... Judgment January 20th, 1993. Cases Referred to- Hosne Ara Begum & ors. Vs. Mosammat Anowan Begum & others, 37 DLR I54; Nelly Zaman Vs. Giasuddin Khan, 34 DLR (AD) 221; Shafique Mia Vs. Meherunnessa and another CP No. 10 of 1974 (digested in Bangladesh Supre..

Category: Property Law | Date: | Hits: 85

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 ......eclared to have been passed without lawful authority and to be of no legal effect and as to why the appellant‑Bank should not be directed to re‑instate the said respondent in his former post with all back wages, in making the Rule Nisi absolute the High Court Division declared the ord......t February 23rd, 1993 Cases Referred to- Md. Shohrab Ali Dewan Vs. Chairman, Second Labour Court 1978 BSCR 477 and SN Quddus Vs. Chairman, Labour Court, 33 DLR (AD) 12. Lawyers Involved: Rafique‑ul Huq, Senior Advocate (Mr. K..

Category: Labour and Industrial Law | Date: | Hits: 100

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

....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 very next day i.e. October 22, 1989 the lessees sought permis......nated, large amount of Government surplus stores are being disposed of‑, there will, for some years, be shortages of various kinds requiring the imposition of controls, and extensive schedules of postwar reconstruction, involving the disbursement of very large sums of Government money, have bee......le under section 5(2) of the Act 11 of 1947. In State represented by the Solicitor, Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and another 44 DLR (AD) 215 this Court re‑iterated the legal provision. 11. After the case was transferred upon tak..

Category: Anti-Corruption Laws | Date: | Hits: 302

Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)

....t and order of the trial Court disallowing the pre-emption case. 2. The pre‑emptee-petitioner received the case; land from his aunt respondent No. 3, Moyna Sundari by way of gift by a registered document dated 2.10.80. The pre-emptor-respondent Nos. 1 and 2 filed Miscellaneous Case N......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......r of the High Court Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..

Category: Property Law | Date: | Hits: 56

Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)

....g prayer:— “The application filed on 9-8-58 by this petitioner for the substitution of the heirs may be treated as an application under Order 22, rule 9 C P.C. may be registered as a misc. case by giving the number accordingly, notices may be issued upon the opposi......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 50

Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....in the prescribed form on ail the co sharer tenants of the said holding who are not parties to transfer. In the present case the respondent by virtue of his purchase under a registered deed became co-sharer of the holding, so the appellant had to comply with the prov......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 60

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....ort and in that capacity he went to Saudi Arabia to perform hajj. Then he went to London as a Pakistani and got his Pakistani passport renewed there. He entered Bangladesh as a Pakistani citizen, and registered himself as a foreigner. His visa was extended twice on his Pakistani passport. He continu...... the principle of 'hear the other side.' It is also silent as to duty to act judicially. From the nature of the subject matter, resolving a doubt, from the nature of wide powers with no provision for post‑decisional appeal or revision and from the nature of the right to be affected by the decision...... that proviso to Article 2 is available to him the High Court Division relied on two observations of this court: (i) the one in para 4 of the People's Republic of Bangladesh Vs. Abdul Haque 1982 BLD (AD) 143, and (ii) the other in para 22 of the Government of Bangladesh Vs. MS Ispahani 40 DLR (AD) 1..

Category: Immigration and Citizenship Law | Date: | Hits: 522

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