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Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....ionalÂised enterprises placed under it are concerned, this OrÂder has not made any specific provision. Article 4 of P.O. 27 of 1972 has vested cent percent shares of an industrial enterprise in the Government but it has reÂtained the separate entity of the enterprise as an indeÂpendent company u......lly expressed the view that the CorÂporation got powers not only to transfer an employÂee of one Jute Mills to another Jute Mills, both beÂing placed under it, but also got powers to terminate the services of any employee of the Mills placed unÂder it under P.O. 27 of 1972. The learned Counsel a..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....s of the charges brought against them by judgment and order dated 28.2.73. 7. The appellant before us took a revision beÂfore the High Court Division against the said order of acquittal since the Government did not file any apÂpeal. By the impugned judgment and order the rule was discharged in ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
.... Section 417 Cr. P.C. provides for appeal against an order of acquittal and the powers of the Appellate Court in such an appeal are given in secÂtion 423(1)(a). Admittedly there was no appeal by the Government against acquittal in this case. The order of acquittal, however, was converted into one o......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there apÂpears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272...... as tenants under the plaintiff’s in respect of the premises and entitling the respondents getting eviction of the appellants on ground of default and necessity, is confirmed. The contention of non-service of notice under section 106, T.P. ACT is beyond the pleadings and amount to making out a new..Category: Tenancy Law | Date: | Hits: 106
Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....ays to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants du......i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....he case of the respondents is that the liÂcencing authority cancelled the licence in terms of the contract and the licence was given to the MukhtiÂjoddha Sangsad in pursuance to the decision of the Government 4. The case of the Mukhtijoddha Sangsad is that its Central Command Council made a rep......to act as a licensee for the unexpired period of the licence that will exÂpire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....1 and 2 in colluÂsion with Tahsilder managed to file a Certificate Case No. 1145 R.A. of 1959-60 and by suppression of notices and sale proclamation managed to purÂchase the land in the name of the Government5. Some of the certificate debtors were already dead. After the emergence of Bangladesh pl......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
....1982 (Rangpur). 2. This arises from a complaint made before the Sub-Divisional Magistrate, Nowabganj, by the apÂpellants. They alleged that they had taken settlement of the disputed land from the Government by paying necessary salami and went into possession and grew Aush paddy which was however...... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ..Category: Criminal Law | Date: | Hits: 50
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....ding appeal was refused. The appellant then alone prayed for bail by an independent application making out a special case for bail, inter alia, on the ground that he was a B.A. Examinee from Meherpur Government College and he should be allowed to take his examination which was to be held within Octo...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..Category: Criminal Law | Date: | Hits: 56
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....rmed. He did not show any cause but filed the writ-petition under Article 102 of the Constitution challenging the order taking the ground that in view of the mandatory provision of Rule 7 (11) of the Government Servants (Discipline and Appeal) Rules, 1984 he stood discharged from the charge as the s......fficer of the Corporation, who submitted his report on 11 October 1984. On consideration of the report the Corporation passed the impugned order, dated 4 April 1985, proÂvisionally removing him from service and asking him to show cause why the provisional removal should not be confirmed. He did not..Category: Employment/Service Law | Date: | Hits: 112
The Province of East PakiÂstan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....d in First Appeal No.22 of 1970 (Mr. Justice Abdul Wadud Chowdhury and Mr. Justice MH Rahman) on 3rd May 1983. 2. Plaintiff-respondents filed a suit being Other Class Suit No.1 of 1966 against the Government in the 3rd Court of Subordinate Judge, Mymensingh for declaration of their title to the s......of which this appeal has arisen stands abated with efÂfect from 11th September 1982. There will, howevÂer, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....suit was taken up for hearing. The plaintiff in that case was examined and some rent receipts were also admitted in evidence and on these materials the plaintiff’s claim of tenancy- right under the Government - defendant was declared. The defendant's application under Order IX, rule 13, C.P.C. was......of the respondent in presence of witnesses and there-after he submitted his report with a declaration that he had served the notice upon the defendant. The learned Subordinate Judge on perusal of the service return, along with the declaration of the process-server, recorded a finding that he was sat..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....all the lands within the country is amenable under section 22 of the Act for the purpose of collection of rent……………………..(8 & 9) In view of the express provisions of section 22 even Government cannot, by an order or agreement, exempt any land from assessment or payment of rent. The...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
.... suit properly and they sold their taluki interest by kabla Ext. B(1) to Pitambar, that the vendors of defendant No. 1 had accordingly inherited taluki right from PiÂtambar which was acquired by the Government under the State Acquisition and Tenancy Act since 1956 and consequently defendant No. 1 c......ithout any order as to cost. The judgment and deÂcree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ..Category: Property Law | Date: | Hits: 43
.... stages failed to adopt the elementary and essential principles of fairness by proceeding against the appellant keeping, himself in complete darkness and then presenting him with a fait accompli. The Government order (cancelling the revolver licence) has been passed without lawful authority and is o......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
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Category: Criminal Law | Date: | Hits: 88
Moulana Mokhter AhÂmed Vs. Mohammadul Mokhter Usmani & others, 1988, 17 CLC (AD)
.............................Appellant Vs. Mohammadul Mokhter Usmani & others.........................Respondents Judgment March 17, 1987. Result: The appeal is dismissed. The Local Government (Union Parishad) Ordinance, 1983 (51 of 1983). Counting was done in presence of the par......that the decision in the case turned on two marginal votes only. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 165 ..Category: Election Law | Date: | Hits: 106
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural DevelÂopment and Co-operatives, Govt. of Bangladesh............................Ap......otice was served upon the Chairman to show cause why it will not be superseded and since the ChairÂman is the executive head that was sufficient comÂpliance of the principle of natural justice. Non-service of notice of enquiry could not vitiate proceedÂing nor will it have any legal effect on the..Category: Election Law | Date: | Hits: 118
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....s Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....ciety. 4. There is a two storied building having 3 rooms in each floor and the entire property including the building was under the possession of the plaintiff's society. Trouble started when the Government was given the permissive uses of the premises and since the title of the plaintiff was in......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
.... told to anybody. No G.D. entry was filed in this case nor was any salish called for. Not even a petition of complaint was filed in Court against the accused appellants. Between 1973-1975 there was a Government in the Country and then in August, 1975 a change was effected in the structures of the St......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
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