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Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....¦â€¦â€¦â€¦..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appointing authority ...... Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appointing authority to decide whether a corrupt officer should be retained in service after awarding lesser puniÂshment…………..(7) In awarding higher punishment, it can..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....onomic zone and territorial waters. We are concerned with the provisions regardÂing territorial waters. This has been given in section 3 which includes 8 sub-sections. SubÂsection (1) provides that Government may by notification in the official Gazette declare the limits of the sea" beyond the lan......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....wÂdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment December 11, 1979. Local Government Election (Paurashova), Counting of votes. The Election Tribunal cannot count the ballo...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......operty is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpeÂtuity, in consideration of a price paid or proÂmised, or of money, as hare of crops, service or any other thing of value, to be rendered periodically for or on specified occasions to th..Category: Tenancy Law | Date: | Hits: 67
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......ations, Ordinance, 1969 hereinafter referred to as I.RO. In the said application respondent Nos. 2-19 stated that they are "workers" within the meaning of section 2 (XXVIII) of the IRO and that their service conditions are controlÂled by the Factories Act and shops and EsÂtablishment Act, 1965, as..Category: Labour and Industrial Law | Date: | Hits: 267
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... Reported in: 32 DLR (AD) (1980) 138 ......y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh CheÂmical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......Karim Rubber Industries Ltd. has not been terminated by the company itself of which he was an employee but his termination of ad-hoc appointment as administrator by the appellant shall not render his service terminated by Karim Rubbers Industries Ltd………..(4) Case Referred to- Bangladesh S..Category: Employment/Service Law | Date: | Hits: 70
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
.... All proceedings before a Martial Law Court has been protected from being challenged before any court, including the High Court and the Supreme Court…………….(21) The power of the Government to transfer a case, by amendment made by Regulation No. XXXII of 1976, has been given to ......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....t No. 1 is the Panamian Vessel and Appellant No. 2 and 3 are the owners and the Master of the Vessel. Respondent No. 1 obtained necessary permission, for importation of edible salt from India for the Government of Bangladesh and accordingly entered into a negotiation for importing salt from India. R......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....of the case from the Magistrate's Court to Martial Law Court on three grounds:— 4. First, as the charge-sheet against the petitioner was submitted to the Magistrate's Court without obtaining the Government's sanction to prosecute him as required unÂder Section 197 of the Code of Criminal Proce......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....he Land AcÂquisition Court set up with the Additional District Judge, 3rd Court, Dacca under the Land Acquisition Act, 1894 acted as the ArÂbitrator in the case. The claim was contested by the then Government of East Pakistan conÂtending that the claim was highly inflated; that the Deputy Commiss......lue the Court shall take into accoÂunt the average value of the properties of the similar description and with similar adÂvantage in the vicinity during twenty-four months preceding the date of service of the notice under clause (a) of sub-section (4) of this section: Provided further tha..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ng the writ petition on the ground that it was not maintainable,. Second question for our consideration is if it is found that the Council was a 'local Authority' and the CounÂcil having applied the Government Servants Discipline and Appeal Rules, 1976 to the proceedings drawn up against the appell......ourt Division in Writ Petition No. 630 of 1977. 2. The appellant by filing the Writ petiÂtion challenged legality of the order dated August 22, 1978 passed by respondent No. 1 dismissing him from service on the ground of misconduct. His case in short is that he joined the service of the then P..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....esignation was a valid order. The learned Judges of the High Court Division discharged the Rule earlier issued on the Writ Petition, mainly on the consideration that as per service rules service of a Government employee stood forfeited on submission of resignation and the employee concerned could no......Service Rules, Rule 147. In the absence of a clear bar against reinstatement the competent authority cannot be said to be devoid of position of power to reinstate an employee who resigned from his service but being repentant sincerely craves for withdrawing his resignation. In such a case the..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....adrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and anoÂther…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compul......lled the Rules, by the Secretary, Ministry of Commerce. The procedure as laid down in the Rules was followed and the appelÂlant having been found guilty of misconduct was compulsorily retired from service under rule 3(b) and (c) of the Rules. 3. The order of compulsory retirement was challenge..Category: Employment/Service Law | Date: | Hits: 72
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......g Tk. 123,00 from a hotel room occupied by a foreign guest. The Enquiry Committee set up by the Management found her guilty of the charge and recommended for her dismissal. She was dismissed from the service with effect from 7.4.76. 3. The appellant filed a grievance petition on 19.4.76 under sec..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... Ruhul Islam, J K. M. Subhan, J Badrul Haider Chowdhury, J Azizul Molla …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the abse...... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....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 ......tute. Sub-section 96 of the Act reads as under: ''96.(1) If a portion or share of a holÂding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89, or, if no notice has been served under section 89, wit..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......ed his revisional jurisdiction judiciously. All facts need not be recounted at great length except stating that the plaintiff appellant is the landlord who instituted a suit for ejectment after service of notice to quit under section 106 of the Transfer of Property Act on the defendant-ten..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
.... of synthetic fabrics of the value of Tk. 8,896/- from the godown at Siddique Bazar, Dacca. The appellant was charge-sheeted for misconduct and corruption under sub-rules (b) and (c) of Rule 3 of the Government Servants (Discipline and Appeals) Rules, 1976. He showÂed cause to the charges and in re...... Judgment August 8, 1977. Result: The appeal is alloÂwed. Principles of Natural Justice In an enquiry held against an employee on the charges fraÂmed against him for dismissal from service, the principles of natural justice must be comÂplied with…..(6) The appointing authori..Category: Employment/Service Law | Date: | Hits: 72
Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
.... till 1975 long after coming into operation of the enemy property laws without the said auÂthority being impleaded. Apart from this, the appellant has asserted his possession in the property and the Government in their affidavit-in-opposition, though have challenged the vaÂlidity of the sale deeds......vision is set aside and the impugned order of the Enemy Property authority is deÂclared 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
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