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Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....of the petitioner before the Managing Director to reinstate was of no effect whereupon the petitioner sent a notice alleging his wrongful dismissal from service in violation of principle of natural justice. The defendant denied the allegation stating that the reply to the charges were not satisf...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ...... petitioners stating that it is wholly unauthorised and illegal and directed to lease out to other persons, namely, Sadek Ali and others.” The High Court Division also found that the alleged document indicating the ownership of Sree Ramchandra Moni could not be ascertained without recordin..Category: Property Law | Date: | Hits: 43
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
....There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ..Category: Administrative Law | Date: | Hits: 104
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......inst the petitioner stating, inter alia, that the petitioner availed c.c. hypothecation’ and c.c. pledge' loan facilities/limits of the plaintiff bank in 1982-83 on execution of charge documents and 'Letter of Guarantee' and also executed mortgage deeds, relating to immova..Category: Banking Law | Date: | Hits: 121
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....ce without service of any notice upon the petitioner and respondent No. 2 upon malafide and arbitrary exercise of jurisdiction curtailed the area of the petitioner against the principle of natural justice. We have heard the learned Advocate-on-Record. Having regard to the settled principle of la......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ..Category: Others | Date: | Hits: 106
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ...... having already been forfeited to the Government in accordance with law, there was no scope for advancing any right for having lease or compensation for the land. He, however, failed to produce any document in support of this contention that the land was forfeited in accordance with law. Syed Ish..Category: Property Law | Date: | Hits: 93
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... Judgment Kemaluddin Hossain CJ.- In this appeal leave was granted to consider a short question of law but of considerable public importance; that the special rule of onus to prove validity of a document executed by a pardanashin and illiterate lady being the recipient thereof, the learned Sing..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....the offence, it was his duty to proceed to deal with the evidence brought before him and to see that all the persons who might be proved by the evidence to be concerned in that offence are brought to justice. 5. In the case of Nagendra Shyam Vs. Emperor, AIR 1923 (Rangoon). 31, in a Full Bench of......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ing or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of se..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....appellant but the appointing authority passed the impugned order removing the appellant from his service. The appellant contended that the order was passed in violation of the principle of natural justice, in as much as, the appellant was not given any opportunity for cross-examining the witnes......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..Category: Employment/Service Law | Date: | Hits: 70
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... is indispensably necessary for adjudication of the election petition. ..…………(13) The High Court Division therefore had acted correctly in the exercise of its jurisdiction for ends for justice in counting and rechecking of the ballot papers the process of which was started by the Elec...... 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
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....en present at the scene of the crime, but quashed the conviction and acquitted the accused on the ground that the trial Court's direction to the jury was misleading which resulted in miscarriage of justice. Thereafter, Connelly was put on trial on a charge of robbery which ultimately ended in conv......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....te Court below, is that summons were fraudulently suppressed and once the fraud is established, limitation will run only from the date when the fraud was detected. It is contrary to the essence of justice to saddle a person with knowledge of an ex parte decree which apparently was built up on the......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ..Category: Property Law | Date: | Hits: 69
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....…………(7) In case of unresolved ambiguity, it may be interpreted favourably to the citizen but nothing more. The attempt of the Court in case of ambiguity is to be guided by the principle of justice and fairness and to try to arrive at a true meaning of the word………(7) Interpretat......nce in my absence the procedure according to which such amounts would be paid, would be assessed and fixed by me and they shall be paid the stipends or monthly allowance accordingly. It is in the document referred to in Para 2 that I shall be able to pay down the procedure for the payment of the..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....al quasi judicial power, in the exercise of this power the minimum of an opportunity of being heard not having been allowed to the accused, the order of transfer was in contravention of the natural justice, and this omission made the order of transfer a void order and consequently the order of c......so as amicus curiae while supporting the arguments advanced by Mr. Serajul Huq and Mr. Ishtiaq Ahmed submitted that the historical backgrounds should be kept in mind while construing constitutional documents. He pointed out that while placing the whole of Bangladesh under Martial Law by the Procla..Category: Criminal Law | Date: | Hits: 294
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....was surprised to receive the said order as the show cause notice in question had proposed only minor penalties and the Enquiry Committee recommended his reinstatement. The appellant served demand justice notice through his lawyer. In reply to the same he was informed that the order of dismissal ......on the establishment of the Council as provided in the Ordinance. He further submitted that the High Court Division was not correct in treating the Resolution dated November 16, 1973 as a sort of a document without any statutory force and the High Court Division did not notice that the very langua..Category: Employment/Service Law | Date: | Hits: 130
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....rari is exercised by the High Court Division to issue such writs where the subordinate Tribunals act wholly without jurisdiction or in the excess of it or in. violation of the principles of natural justice or refuse to exercise jurisdiction vested in them or where there is an error apparent on the......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 ..Category: Labour and Industrial Law | Date: | Hits: 106