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Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....es his service on tendering resignation it "entails" forfeiture of his service but it does not preclude the competent authoÂrity to take him back in the service on terms deemed fit and proper in the particular case. It has been earlier observed that if the Office Order, dated November 16, 1972 i......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......s witness No. 1 in the First Information Report, by an order dated 8.11.73 the Sub-Divisional Magistrate issued W/A and P/A against the appellants and other co-accused as prayed for. The Police after investigation submitted charged sheet on 7.9.74 against some of the accused under section 396 of the..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....Advocate instructed by B.C. Panday, Advocate-on-Record—For the appellants. Faqeer Shahabuddin Ahmed, Senior Advocate instructed by Abu Backkar, Advocate-on-Record —For respondents 1 to 5 Ex-parte.—Respondents No. 6, 7(a) to 7(d) & 8-29. Civil Appeal No. 142 of 1977 (On appeal from......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 ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....ng this extra-ordinary jurisdiction took the balance of the convenience or hardÂship that will entail on the decree holder. The ends of justice presuppose to hold balance even between the contesting parties. It is also to be remembered that the manner in which the stay or moratorium has been grante......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 ..Category: Tenancy Law | Date: | Hits: 69
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....¦â€¦.. Respondents Judgment             Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and anoÂther, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to contiÂnue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ng armed with deadly weapons started cutting the 'Gopat' which is used as public path, attacked the informant and other villagers who protested and caused injuries to them by using a gun. Police held investigation and a charge sheet was submitted against the accused persons under section 148/324/431..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......e appellant declared that he had some more undeclared foreign currencies. A proceeding was started with the Tejgaon Police Station under the proÂvisions of the Special Powers Act. On comÂpletion of investigation a Final Report was submitted which was accepted by the Sub-DiviÂsional Magistrate who..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....was taken away……….(24) The amendment of the Special Powers, Act by Ordinance No. XL of 1977 did not have the effect of excluding the cases from the jurisdiction of the Special Tribunal, particularly, in so far as it did not have any retrospective operaÂtion on the pending cases……â......d under any enactment so repealed; or  (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed ; or (e) affect any investigation, legal proÂceeding or remedy in respect of any such right, privilege, obligation, l..Category: Criminal Law | Date: | Hits: 66
Coal Controller, GovernÂment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....eave to appeal from the decision of the High Court Division in the matter. The hearing of the application under section 8 has not been stayed. The learned Subordinate Judge heard the application in part and application for adjournment was filed by the petitioner but not moved. The learned Subord......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
.... 26.2.70 the defendant filed another petition for time but did not reply to interrogatories. This petition was rejected and the trial Court expunged the written statement and fixed 24.3.70 for ex parte disposal of the suit. On that date the defendant filed a petition under section 151 of the Co......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....sposal of this appeal may be stated as follows: The appellant, who is the plaintiff, instituted the suit for declaration of his title simpliciter. Before institution of the suit as the first party he had filed an application before the Sub‑divisional Magistrate, Sadar Noakhali, who ...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....e suit, i.e. on 11.10.89 the plaintiff also filed the application for temporary injunction and on the same date a Pleader Commissioner was appointed for local inspection upon the plaintiffs prayer ex parte. The Pleader Commissioner held local inspection on the same day at 4.00 PM and submitted his r......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....been explained by the respondent and that the ground stated in their application under section 5, Limitation Act clearly shows that the delay was caused by willful neglect and serious laches on the part of the Government's officers, particularly the law‑officers involved in this matter. Le......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....d him, accused Jala, Ashgar and Kashem tied him with a saree; that the dacoits also tied Jamila Khatoon, wife of P.W. 1 with cloth; that all the dacoits had torchlights in their hands, After the departure of the dacoits hearing their hue and cry, the villagers came to the house and saw the occur...... investigated the case one after another. The first Sub Inspector Mr. Jalil after recording statements of witnesses proposed to submit final report but the Superintendent of Police directed further investigation. Thereafter two Sub-Inspectors of Police, namely, Mr. Barak and Mr. Arun Bala investi..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....e river. The accused persons then went away. P.W.s 3, 4 and 5 who were watching the occurrence from 200/250 yards away taking shelter inside the kashban came up to the bank of the river after the departure of the accused persons and collected the dead body of Ekhlasuddin. P.W. 1 Ekramul Huq @ Tuk......ed a sketch map an index and examined some witnesses in the course of the next 3 days when on 14.6.85 P.W. 17 ABM Abu Taleb Mollah of the Criminal Investigation Department assumed the charge of the investigation of the case on behalf of the Criminal Investigation Department. Upon examination of s..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....mad Howlader and his brother P.W. 12 A Mannan and P.W. 10 Akkabbar Ali Majhee for the murder of Majitunessa. On a further investigation the Inspector MA Halim of the Criminal Investigation Department, submitted a charge‑sheet on November 15, 1982 against the appellants and 7 others n......1. On the same day he lodged a suo motu FIR against P.W. 1 Nur Mohammad Howlader and his brother P.W. 12 A Mannan and P.W. 10 Akkabbar Ali Majhee for the murder of Majitunessa. On a further investigation the Inspector MA Halim of the Criminal Investigation Department, submitted a charge&#..Category: Criminal Law | Date: | Hits: 40
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... service of the notice of the application under clause (b) of sub‑section (3), whichever be earlier, apply to join in the said application" [.] This is an enabling provision. The latter part of that sub‑section contains a barring provision: "any co-sharer tenant or tenant h...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ..Category: Property Law | Date: | Hits: 72
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....d 133 of 1991 in order of filing. By a common Judgment and order dated 14.7.92 a Division Bench of the High Court Division made the Rule absolute in Writ Petition No. 1311 of 1990 and made the Rule partly absolute in the other writ petitions. The last-named four Collective Bargaining Agents of t....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....him), instructed by Md. Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record -For the Respondent Nos. 1‑6 Respondent No. 7-Ex parte Respondent Nos. 8-18-Not represented Civil Appeal No. 30 of 1988. (From......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....f, Dhaka against the Government and other respondents for permanent injunction in respect of CS Plot Nos. 11, 32 and 37 of SC Khatian No.139 of Mouza Nandanbag, PS Keraniganj. The suit was decreed ex parte onJanuary 9, 1970. On an application by the Government the ex parte decree was set aside and t......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in:Â 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
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