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Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

....titution 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 opportunity of showin..

Category: Employment/Service Law | Date: | Hits: 66

Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)

....el against them. 4. The trial court found that the appe­llant is not a co-sharer in holding and the service of notice on the appellant will not operate as estoppel against them and accor­dingly dismissed the application for pre-emption. The appellant preferred an appeal and the learned Additio..

Category: Property Law | Date: | Hits: 33

P.W.V. Rowe Vs. Chairman Lab­our Court, Chittagong, 1977, 6 CLC (AD)

....rminate his service on such ground. 8. Clause (d) of sub section (3) of Section 17 of the Act provides that absence without leave for more than 10 days is a kind of misconduct and a worker may be dismissed or otherwise dealt with under sub-section (1) and (2) of section 17 read with section 18 o..

Category: Labour and Industrial Law | Date: | Hits: 77

Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

....m from making construction or letting in tenants therein. The suit was contested by Respon­dents. Both the suits were heard together and the learned Munsif by this judgment and decree dated 31-12-58 dismissed the suit of the appellants for permanent injunction, but decreed the suit of the responden..

Category: Property Law | Date: | Hits: 32

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....2/43 of the Penal Code is allowed and as against the order of acquittal of respondents Sashan Matbar, Rafzuddin Matbar and Akkel Ali Matbar, from the charge under sections 302/34 of the Penal Code is dismissed, Judgment and Order of the High Court Division acquitt­ing respondents Fagu Matbar, Elimu..

Category: Criminal Law | Date: | Hits: 39

Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)

....for partial pre-emption was made under miss-apprehension of law, although the pre-emptor are entitled to pre-empt other lands to which they have no contiguous land. On this finding the learned Judges dismissed the appeal and directed the pre-emptor to pay up the balance of consideration money with u..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....n 197 of the Code of Criminal Procedure precluded any Court from taking cognizance of the offense without previous sanction of the government having power to order his removal, High Court accordingly dismissed the complaint and quashed the order of the District Magistrate. The only question arising ..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....s of no effect. The Government entered appearance and denied the allegation made in the petition. Before the High Court four grounds were taken but they were turned down and the Writ petition was dismissed. 3. Mr. Fazlul Karim, learned Counsel appearing for the petitioner has urged before us..

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

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

....etention. In the meantime the appel­lant moved the High Court in a Writ Peti­tion. 3. Upon hearing the parties the learned Judges of the High Court, held the order of detention was valid and so dismissed the peti­tion Leave was granted to consider the following questions: (1) Whether the ..

Category: Constitutional Law | Date: | Hits: 408

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

.... He also found that the evidence of those witnes­ses along with the confessional statement of Alo Ext. 8, proved the case against the accused persons beyond reasonable doubt. The Revisional case was dismissed. Leave was obtained by the Appellants on the grounds set out above. 3. The prosecution..

Category: Criminal Law | Date: | Hits: 41

Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)

....­come-Tax Act has no application. In our opinion, there is no substance in the conten­tion of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Bangladesh.........Appellant Vs. Moslem Mia..........Respondent. Judgment March 16, 1978. Result: The appeal is dismissed. Case Referred to- Superintendent of Cen­tral Excise, Lyallpur Vs. Ch, Fakir Muham..

Category: Procedural Law | Date: | Hits: 101

Enamul Huq and another Vs. State, 2006, 35 CLC (AD)

....earned Sessions Judge. 16.  In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)

.... contended that the case is barred by limitation. The pre-emptee farther stated that the requisite deposit along with compensation was not made within time. So the pre-emption case is liable to be dismissed. 5. The trial court upon consideration of the evidence on record found that the p..

Category: Property Law | Date: | Hits: 35

Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)

....ed by one Mujibur Rahman, Miscellaneous Case No.24 S,A. of 1980-81 was started; virtually there is no existence of any person named Mujibur Rahman; that the defendant No.2 by order dated 06.1.1992 dismissed the Miscellaneous Case No.24 S.A. of 1980-81 and in the order dated 6.1.1982 the defendan..

Category: Property Law | Date: | Hits: 24

Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)

....ned and thereby ceased to be a defaulter but on scrutiny by the returning officer, his nomination paper was found invalid on account of defaulter in payment of loan. An appeal, therefrom, was also dismissed. That the petitioner thereafter moved the High Court Division in Writ Petition No.455 of ..

Category: Election Law | Date: | Hits: 116

Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)

....ase No. 129 of 1991 on contest. Against the judgment and order of the Administrative Tribunal, Appeal No. 21 of 993 was filed before the Administrative Appellate Tribunal, Dhaka but the appeal was dismissed on contest on 28.04.1993, against that a Civil Appeal was preferred before the Appellate&..

Category: Administrative Law | Date: | Hits: 111

Jashimuddin & other Vs. State, 2006, 35 CLC (AD)

.... 9.  Being aggrieved the convicts preferred appeal before the High Court Division and the High Court Division upon consideration of the materials on record and hearing the learned Counsels dismissed the appeal. 10. We have heard Mr. A.M. Mahbuddin, the learned Counsel for the peti..

Category: Criminal Law | Date: | Hits: 36

Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)

.... in its meeting held on 07.01.1990 took an unanimous resolution for termination of the service of the plaintiff and accordingly his service was terminated on 08.01.1990. 4. The trial court dismissed the plaintiff’s suit. Being aggrieved the plaintiff preferred the appeal before the..

Category: Employment/Service Law | Date: | Hits: 82

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....ional District and Sessions Judge and he also got a time scale; while the petitioner was serving as Additional District and Sessions Judge at Jessore by Notification dated 15.11.84 suddenly he was dismissed from service under Martial Law Order No. 9 of 1982 without calling for any explanation an..

Category: Administrative Law | Date: | Hits: 92