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....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
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......ho is an Overseer in the employment of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and without jurisdiction. It was stated by him that he..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....Regulation 4 of M.L.R. 1 of 1975. In the first case the order was passed on 24-2-1977 and in the second case on 31-3-1977. 3. It seems an order of review was passed 6-10-1977 and the order by the Government was noted in the order sheet of the Special Martial Law Court on 5-11-1977. Khandker Mosh...... years with the direction that the sentence will run concurrently. The Special Martial Law Court, however, mentioned in the judgment that it took a lenient view in inflicting sentence considering the service rendered by the accused to the Nation during the war of liberation and also of his age. The ..Category: Criminal Law | Date: | Hits: 287
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....as well from the pre-emptor’s lend except interpret of one tack situated in one of the plots. Even that tank was separated from the pre-emptor's land by a public pathway which belonged to the Government and not to any individual question arose whether contiguity between the rank which is a ......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
.... Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………………&he......ication of accounts or of the budget estimates; (vii) receipt or expenditure of foreign exchange unless already allocated; (viii) a change in the terms and condition! of service of Government servants, and employees of public corporations which have financial imp..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦... Respondent (In Civil Appeal No. 134 of 1978). And Mokaddes Ali……………………………………………. AppeÂllant Vs. Government of Bangladesh & others………………………………………………. Respond......hese officers brought writ petiÂtions in the High Court Division and some were allowed and some dismissed. A common question involved in all the appeals is whether a member of the subordinate police service by virtue of some provisions contained in the Bangladesh Constitution can maintain a writ pe..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil ComÂpany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dvise yon that with effect from 1st January, 1973 you will be treated as a Management Staff in Group-III and that as from that date (w. e. 1.1 73) your revised salary will be as under, subject Io Government restrictions thereon. Basic … &...... upgraded as Chief Driver of the Tanker and since then he had been enjoying the pay scale, facilities and privileges of a member of the management staff in Group III. According to Marine Rules the service of the Respondent No. 1 who attained 57 years of age was terminated. He was given one month..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....all these circumstances, the High Court Division came to the conclusion that the requisition was bad Inasmuch as no recognition under Ordinance 33 of 1961 and Ordinance 20 of 1962 was issued by the Government Secondly, it could not be said to be for public purpose. Lastly, the requisition order ......e and private purpose. Hence it has been said that an order of requisition for providing accommodation to a public officer where absence of such accommodation would impair the efficiency of public service is a public purpose (HF. Pettit vs Secretary of State) A.I.R 1914 P.C 21 but property requ..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....nfidence and the impugned notification was issued declaring that respondent No. 1 had been removed from the office of the Chairman of the Parishad under sub-section 1(b) of Section 13 of the Local Government Ordinance, 1976 and further declaring that the office of the Chairman had become vacant ......l the elected members of the Parishad, particularly in view of the fact that the notice was duly served on all the members and Chairman of the Parishad and sufficient time elapsed between the service of the notice and the holding of the meeting in which the no-confidence motion was unanimou..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......esult sheets are sent to the Returning Office. In both the centres, the police force was released immediately after counting of votes as admitted by the respective Presiding Officer, although their service was necessary for escorting the Presiding Officer or the Assistant Presiding Officer while ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....give different interpretations of a provision, and means, therefore, have to be provided for the resolution of such conflict. Written ConsÂtitution provides a standard by which the legitimacy of the Government's action is to be judged, and it is the function of the Court, which is endowed with the ......resaid two cases. We can gather other reasons from the Constitution. We find, that in the Constitution, for the first time, a new conception has been introduced, that of 'disÂciplined force', in the services of Bangladesh, and in the interpretation clause, it has been rather described than defined,..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....81 by the plaintiff. 2. The suit was filed by the plaintiff under section 6 of the Admiralty Court Act, 1861. Facts are simple. There was salt crisis in Bangladesh during the relevant time and the Government allowed import of salt. The plaintiff tried to import salt from India but he was not succ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....ound floor of one of the buildings. The appellant claimed that the properties being situated outside the hat and bazar could not be treated as part of the same and taken over by the Government. Since his purchase from one Haridas Datta in 1951 the appellant had been possess......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....Person'' has been defined in section 2(9) which includes an individual, a Hindu undivided family, a firm, an association of persons or a body of individuals, whether incorporated or not, a company, Government of Province, a local authority and every other artificial juristic person. 6......ted. 19. In the case of Premier Construction Company Ltd. vs. I.T.Commissioner, Bombay, A.I.R, 1949 (P.C), 20 the Privy Council considered that the remuneration under a contract for personal service out of the money of agricultural income of the employer is not exempt because the remunerat..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ties belong to the wife". It appears that the learned Subordinate Judge made the above observation little thinking that a transaction in aid of an illegal device to defraud the Government cannot be taken as a valid ground in a proceeding before a Court of law. 25. Now ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....chnical pay, if any and officers and employees holding such posts—by the Chairman. (b) If the salary exceeds Tk. 1250/- by the Board (c) In other cases—By Board subject to approval of the Government. 10. Section 36 specifically says that the Chairman shall exercise control over all t......re remedy under section 34 of the Industrial Relations Ordinance, 1969, is not available to him………………..(10) The respondent being an employee of the D.I.T., his terms and conditions of service is regulated by the Act itself and the rules framed there under. Invocation of section 18 of..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....n a few words. The original lessee was Syed Abed Mansur who got the lease of the plot on 6.9. I960. He died in 1963 and was succeeded by the appellants as heirs who got their names mutated with the Government some time in April, 1974. In the meantime some small construction, though no......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
...., otherwise peÂnalty would be imposed. The Taxation Officer, Narayanganj by another letter dated 8th' August, 1973 asked respondent to show cause why penalty should not be imposed for non-payment of Government dues. 4. Having failed to get any relief from the appellants, respondent filed Wr......at the High Court DiviÂsion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea InÂdustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....der Ordinance No. XXXVII of 1977. The Tea Board in exercise of its power had set up Bangladesh Tea Industry Management Committee. The respondent is an employee appointed by the B.T.I.M.C. The Government took the policy of disinvestment of certain abandoned properties and in pursuance thereo......ecial leave is directed against the judgment and order of the High Court Division in Writ Petition No. 400 of 1978. 2. Respondent F. H. Chowdhury challenged the order of transfer of his service to M/S. United Planters and Traders Ltd. His case was that he was appointed as Assistant Ma..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....en over as abandoned property and thereafter it was released by the Abandoned Property authoÂrities and the respondents got into possession. During the period the property was in possesÂsion of the Government, allotment was given to the appellant and so when the respondent got back possession from......rom the due process of law. With this observation this appeal is allowÂed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....and the Bank by its letter dated 6.8.77 informed him that the amount will be paid once it is cleared by Head Office. Thereafter, numerous reminders were given and the respondent was informed that the Government had decided not to pay the equivalent of the demonetized notes and hence the amount canno......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
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