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Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ction should not be taken against him. He submitted his explanation on October 21, 1976 denying the allegations. After about 7 months the petitioners received notice dated May 4, 1977 by which he was charged sheeted on the ground of misbehavior as his explanation was found unsatisfactory. The appe......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....training when he reported for duty, he received an order dated November 25, 1976 asking him to officiate as Executive Engineer as a fresh appointment with effect from November 30, 1972 against work-charged post and also directing him to refund the amount overdrawn by him. This order was challeng......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
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....t an order of punishment can not be effective from the date of suspension because during the period of suspension the officer is considered to be on duty with the only exception that he does not discharge his normal functions. The retrospective effect of the order of compulsory retirement depriv......in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....king cognizance of the offence alleged against the accused. The learned Magistrate should have sent the record of the case to the Special Tribunal for necessary orders, instead of passing order of discharge by himself………(7) Cases Referred to- Abul Hossain Sana Vs, Sawalal Agarwala, (1962)......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 ..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....acca and was elected as the Assistant General Secretary of the Sramik Union of the said Hotel. She was verbally suspended by the Management and subsequently she was given a show cause notice with the charge of stealing Tk. 123,00 from a hotel room occupied by a foreign guest. The Enquiry Committee s......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
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....oving the appellant from the position of Chairman. The resolution was passed on 20.9.78 in a meeting for the purpose of removing the chairman by eight members of the Union Parishad concerned. The charges which led to this meeting were misconduct, misuse of power, corruption, favoritism, nepotism...... without any lawful authority and the order passed by the Prescribed Authority in consequence 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)
....sses of persons are entitled to claim pre-emption, namely: (1) a co-sharer in the property (shafi-i-sharik); (2) a participator in immunities and appendages, such as a right of way or a right to discharge water (shafi-i-khalit); and (3) owners of adjoining immovable property (Shafi-i-jar). The fir......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
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....ation of Bangladesh, Dacca. ......Respondent Judgment August 8, 1977. Result: The appeal is allowed. Principles of Natural Justice In an enquiry held against an employee on the charges framed against him for dismissal from service, the principles of natural justice must be c......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....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 ......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 another, 1980, 9 CLC (AD)
.... 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 148/324/431/379 B P.C. The info......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....the Tejgaon Police Station under the provisions of the Special Powers Act. On completion of investigation a Final Report was submitted which was accepted by the Sub-Divisional Magistrate who discharged the appellant and ordered for the return of foreign currencies and other items seized from h......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 ..Category: Criminal Law | Date: | Hits: 63
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....o establish that the predecessors of the vendors migrated to India earlier to the Enemy Property Law came into operation in 1965, to establish that the property is enemy property. Having failed to discharge the burden of proof of declaring the property as Enemy Property, was without Jurisdiction. ......vision is set aside and the impugned order of the Enemy Property authority is declared 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
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s Act 1974, which was started on the basis of the First Information Report dated May 4, 1974, is pending before the Court of Additional Sessions Judge and Special Tribunal No. 2 Dacca. In this case charge sheet was submitted on September 20, 1975. On the basis of the charge sheets the respective T......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....ng the appeal. The learned Judge after hearing the parties came to the conclusion that the delay in filing the appeal beyond time was not satisfactorily explained and in that view of the matter discharged the Rule. Then on 17.9.74 a review petition was filed before the learned Single Judge, but......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
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....l, Nannu and Mofazzal (who are the appellants before us) had stolen the machine and put it onto his rickshaw van for carrying it to Bogra town for which he was to be paid Tk. 25.00 as his carrying charge. A first information report was lodged, the machine was seized and accused Shafi was produce......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....receiver was to submit accounts regularly. The appellant filed an application before the Subordinate Judge for appointment of a receiver which was allowed and receiver was appointed, who took over charge and also possession of the suit property from the receiver appointed by the criminal Court. ...... 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
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....r investigation. Thereafter two Sub-Inspectors of Police, namely, Mr. Barak and Mr. Arun Bala investigated the case but could not collect any evidence and the 4th person, Mr. A Khan Akond submitted charge‑sheet after three years of the occurrence. In these circumstances, the High Court Div......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
....lled by unknown assailants and his body was concealed by known persons. Due to previous enmity P.W.s. 4 and 5 implicated the appellants. Though the assessors found the appellants not guilty of the charge the Additional Sessions Judge by his Judgment and order on October, 5, 1970 found them guilt...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Criminal Law | Date: | Hits: 58
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