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Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....the tea estate itself as a licensee thereof at the licensee fee of Re. 1 per bigha per year. He was to occupy the said land as long as he was in the service of the- plaintiff with yearly renewals. He executed licence documents. The defendant was dismissed from the service of the plaintiff in July 19......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......; 2 free of rent. Subsequently the defendant erected hut nos. 3-5 at his own cost on the land of the plaintiff. The defendant occupies the quarters as a licensee of the plaintiff. Consequent upon the dismissal of the defendant from the service of the plaintiff in July 1956 he was asked to vacate the..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
....ng Orders) Act, 1965. Their case was that they were suspended on the allegation of resorting to an illegal strike on 14.3.76 and they were asked to submit as to why they shall not be dismissed. Their explanations were considered unsatisfactory and the appellant dismissed the two respondents from the......of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......ed reinstatement of the complainants thereof holding that since the workers had made the loss good by working on holiday (on 19.3.76) in pursuance of the agreement, there was no justification for the dismissal of the respondents and further the dismissal was in violation of section 18(7) of the Empl..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
....sion of the President's Order No. 6 of 1972 Bangladesh Law Officers Order, 1972. The simple case of the petitioner is that as no show cause notice was served upon him giving him an opportunity to explain his position the impugned order is illegal being violative of Article 135 of the C......d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......ant without notice came up for consideration, the termination having been expressly provided for in terms of his appointment. It has been held there that any and every termination of service is not a dismissal or removal from service. A termination of service brought about by the exercise of contrac..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....some public importance as the true scope and import of proviso to Rule 11 of Order 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted by the plaintiff respondent........ Sub-rule (3) of rule 14 of Order 41 of the Code reads: "It shall be in the discretion of the Appellate Court to make an order, at any stage of the appeal, whether on its own motion, or ex-parte, dispensing with service of such notice on any respondent who did not appear, either at the he......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... also and drew up a departmental proceeding against him asking him to show because why disciplinary action would not be taken against him for misappropriating the properties in question. He submitted explanation denying the allegations whereupon an enquiry was held into the allegations. The Enquiry ...... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......principle in respect of matters like this and in the absence of any statutory rules the principles of natural justice shall be applicable to an employee of a, statutory corporation in the case of his dismissal, removal or termination. Principles of natural justice as propounded by their Lordships of..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
....orted oil. It was alleged by the petitioner represented by Mr. Joynul Abedin that their prayer for time to show cause was refused and the matter was disposed of and penalty imposed on the petitioners ex-parte by the Assistant Collector of Customs Chittagong. while in the cases of the other group of ......ed oil. It was alleged by the petitioner represented by Mr. Joynul Abedin that their prayer for time to show cause was refused and the matter was disposed of and penalty imposed on the petitioners ex-parte by the Assistant Collector of Customs Chittagong. while in the cases of the other group of pet...... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
....ute. In support of this he has relied upon a decision of the Privy Council reported in ILR Vol. 13, page 300 Allahabad Series. Contention of Mr. Hossain must prevail since it is the statute which has excluded a dismissed worker from the definition of worker in certain circumstances. We, therefore, h...... without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ......nt of the petitioner, Sonali Bank at the relevant time and on certain allegation of misconduct he was dismissed from service by the petitioner after a domestic enquiry. He had challenged the order of dismissal under section 34 of the Ordinance and got the remedy after full hearing Mr. Asra..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....rms of the employment he appeared in B.E.D. Technology Examination of 1968 held on 11.11.69 by the University of Dacca, but in the Examination Hall he was found adopting unfair means whereupon he was expelled and a notice was served upon him by the Controller of Examinations, Dacca University to sho......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ......he Respondent taking the ground that the petitioner was not dismissed or removed from service but his services were terminated as he was a temporary hand and as such the termination did not amount to dismissal or removal as referred to in Article 177 of the late Constitution corresponding ..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....an, which after some delay, absorbed him in its service on 12.10.73 with retrospective effect in the same Grade No. VII allowing continuity of service from 1961. Within a year he was promoted to the next higher grade, Grade No. VIII with effect from 1.4.74. Thereafter, he was posted as Manager, Qual......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......ervice matters in absence of Government approval, he has explained, these rules were followed as embodying the terms and conditions of service of the Corporation's employees, and all appointment, dismissal and termination were governed by these terms and conditions till the country broke into tw..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)
....ticle is not found to have been followed in the case of the petitioner. The circular Instruction of the Police Directorate as referred to us void before this Article of the Constitution. 3. The next contention raised, rather half-heartedly by Mr. Mudassir Hussain is that the petitioner being a ...... authority and is of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 151 ...... (Respondent No.2) dismissing the petitioner, a police constable from his service in modification of his order dated 14.2.75 discharging the petitioner from service has been challenged. This order of dismissal was confirmed in appeal by the inspector General of Police. The petitioner along with othe..Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....ents. Writ Petition No. 31 of 1978. Judgment Abdul Matin Khan Chowdhury J.- This rule was issued calling upon the respondents to show cause why the order dated 24-11-77 contained in Annexure 'J' and Memo dated 8-11-77 contained to Annexure 'J' removing the petitioner f......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ......is case. As such the impugned order is liable to be declared to have been passed without, any lawful, authority, particularly where mere conviction of a person in court does not necessarily result in dismissal from Government service. 5. It appears that the petitioner paid a sum of Tk. 10,990/-..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....he High Court Division and the case was sent back to the Tribunal for re-trial in the light of the interpretation given to the said rule 40(4). The appellant moved this Court and leave was granted to examine whether rule 40(4) of the Election Rules requires that a valid ballot paper must bear both t......e, instructed by A. Rab-II, Advocate-on-Record - For the Appellant. Khondker Mahbubuddin Ahmed, Advocate, instructed by Md. Shafiqur Rahman, Advocate-on-Record - For the Respondent No.2. Ex-parte - Respondent No.1. Civil Appeal No.59 of 1978. (From the judgment and order dated 1......ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: The Rule is made absolute. Cases Referred to- Ramji Lal Vs. Rex AIR 1949 East Punjab 67; Kishori Lal Vs. Crown ILR 1945 (Lah) 573; Malhari Ramaji Vs. Emperor 49 ......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ...... the expression 'judgment occurring in section 369 of the Code of Criminal Procedure, Mahajan, J, held as under: “The decision of an application under s. 491 by its dismissal on the merits cannot be held to be a judgment in the sense in which that expression has be..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....The respondent submitted also a statement of his income salary and other sources to show that the price paid for the property was legally earned by him. 4. The said Screening Board rejected his explanation and valued the property in question to be not less than Rs. 240,000/- which was beyond......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......he Constitution challenging the order of dismissal and confiscation of his property passed in Memo No.212 Section 3/3/-B-35/75 dated 3-3-76 by the order of the President. 2. The said order of dismissal and confiscation of his property was allegedly passed on the ground of acquisition of th..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
.... up together for hearing. 5. Mr. A.F.M. Shahid, the learned Advocate appearing in support of the Rules has contended that the learned Munsif acted illegally and with material irregularity in the exercise of jurisdiction in rejecting the prayer for addition of parties. According to the learned A......e (b) and, if no appearance is made by the opposite party within the time mentioned in notice, and, if no objection is filed to the inquiry report within the time so allowed, the Court may proceed ex parte with disposal of the application after taking into consideration the said report and other mat......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....e, in brief, is that Sarada Prosad Roy, Jnanada Prosad Roy, Promoda Prosad Roy and Komada Prosad Roy gifted the suit lands to Sankar Prosad Roy in 1337 B.S. Sankar Prosad Roy possessed the suit lands exclusively and in 1366 B.S. the leased out the same to the plaintiffs. The plaintiffs possessed the......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......ny cross-objection to the partial decree passed against him, to urge in opposition to the appeal of the plaintiff a contention which, if accepted by the trial Court, would have necessitated the total dismissal of the suit.” 10. The cases reported in AIR 1927 Madras 801 and A.I.R. 1943. Ma..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....be the same as the other. An order passed under section 8B of the Court fees Act cannot be included into the category of a decree because of the fact that there was no adjudication and extermination of the rights of the parties and the same has not been expressly included in the categ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ..............................Appellant Vs. Rahmat Ali Galdar & others........................Respondents Judgment April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....f Estate and also for permanent injunction restraining the opposite parties No. 1-3, from disturbing plaintiff's possession in any manner. It appears from the certified copy of the order sheet annexed to the petition that the suit was fixed for ex parte disposal on 30-12-74 and the opposite part......ng the opposite parties No. 1-3, from disturbing plaintiff's possession in any manner. It appears from the certified copy of the order sheet annexed to the petition that the suit was fixed for ex parte disposal on 30-12-74 and the opposite parties No. 6-11 filed an application on 24-12-74 for be......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
..... 279 of 1977. Judgment A.T.M. Afzal J.—This Rule, at the instance of the petitioner, is directed against the respondents to show cause as to why the publication of the result of the examination of Master's Degree in Library Science for the year 1974 without providing in-service......ellor, University of Dacca and others....................Respondents Judgment April 13, 1978. Result: The Rule is discharged. Cases Referred To- R. Vs. Dunsheath Ex-parte MEREDITH (1950) 2 All. E. R. 741, Thorne Vs. University of London, (1966) 2 All F.R. 338. Kind......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....a question of public importance has been raised by a Single Judge in Criminal Revision No. 160/1973 posing the question as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property af......er under that section may, in case of emergency or in case where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex-parte. 30. Moreover, if the legislature so intended that order of attachment could be made unde......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
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