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Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ......intainable and trial Court acted illegally in passing the decree and the High Court Division acted illegally in affirming the same. In support of his last contention learned Advocate relied on the decision in the case of Prem Sukh Gulgulia vs. Habib Ullah reported in AIR 1945 Calcutta 355 and ..Category: Property Law | Date: | Hits: 64
Jatiya Party Vs. Election Commission for Bangladesh and others, 2001, 30 CLC (AD)
....sion is set aside and the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 38. ......of the Order which speaks of authorisation of power by the Commission itself to its Chairman or to any of its members to carry on the functions under this Order. Syed Ishtiaq Ahmed also cited some decisions from where he wanted to argue the principle of coram non judice. He cited three decision..Category: Election Law | Date: | Hits: 144
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....n made herein before the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001)31. ......parate seniority list of the 3 shops by the memo dated 30-12-1995 for being promoted to the post of Junior Officers Maintenance in Pay Group V on the basis of combined seniority has referred to the decision AIR 1982 (SC) 1064. In the reported case it has been observed: “Even otherwise, when..Category: Employment/Service Law | Date: | Hits: 63
DG, Prisons & others Vs. Md. Nasim Uddin, 2001, 30 CLC (AD)
....out request helped this Division in the proper disposal of this matter. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 30. ......Dey and another) allowed the case and set aside the order of dismissal passed against this respondent. The Appellate Tribunal also held that the conviction can not be sustained in view of aforesaid decision of this Division. Mr. B Hossain submits that the second show cause notice would not have ..Category: Administrative Law | Date: | Hits: 137
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ...... week. Accordingly the IRO Case Nos.59 and 63 of 1986 al were and liable to be dismissed and that the High Court Division failed to notice this aspect of the case and illegally affirmed the decision of the Labour Court and discharged the Rule Nisi issued in the aforesaid writ petitio..Category: Labour and Industrial Law | Date: | Hits: 128
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......en by the Board as general grace and therefore he fell short of only 2 marks to pass. He applied for scrutiny of the two English papers and by Memo dated 17.1.94 the petitioner No. 2 conveyed the, decision of the Examination Committee that his result remained unchanged after scrutiny. The letter..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......is empowered to proceed with the probate proceeding as a non‑contentious one. 4. Caveator‑respondent Goapl Ghose took the aforesaid appeal to the High Court Division against the decision of the District Delegate. It appears that relying on section 286 of the Succession Act it..Category: Property Law | Date: | Hits: 67
Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
....y further order. No costs. The impugned judgment and order arc set aside and those of the Administrative Tribunal are restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 157. ...... Ordinance from the Appellate order. Thus the appellant cannot go to the Administrative Tribunal for relief till the government finally decides the matter under section 7A. And in this case the final decision was taken on 14-9-89 enabling the petitioner to bring the case with the Administrative Trib..Category: Administrative Law | Date: | Hits: 111
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......ecorded address of the plaintiff there was no requirement of sending the same to his Magura address or for publishing the same in any newspaper. The High Court Division was wrong in not giving its decision on the issue of service of show cause notice. As the plaintiff on the finding of the trial..Category: Property Law | Date: | Hits: 124
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......ng when the incident occurred. 11. It is to be mentioned that the enquiry officer is not to follow the procedure of trial by court. In appropriate cases, the enquiry officer may arrive at a decision simply by questioning the delinquent officer and considering his explanation. It is not co..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......ed number of years in Government service. The cases from the Indian jurisdiction are indeed cases as to whether the guidelines have been followed or not and often, with respect, there are conflicting decisions of the Indian Supreme Court as to the interpretation of these guidelines. For example, in ..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....s of the United States of America and the Commonwealth of Australia and accordingly, the American Supreme Court and the High Court of Australia declined to give advisory opinions to the executive and legislative branches of the State on the principle that the jurisdiction and powers of the Court ext...... Parliament; L. And Whereas the ruling party took the stand that it is against the very concept of democracy that minority members by resorting to boycott of the Sessions should try to impose its decision upon the majority members and if such undemocratic demand was accepted it would destroy the..Category: Constitutional Law | Date: | Hits: 248
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ...... claim. The Appellate Court having decreed the suit on the basis of his finding of adverse possession in favour of the plaintiff has committed an error of law resulting (sic) in an error in the decision occasioning failure of justice and, as such, the impugned judgment and decree of the appe..Category: Property Law | Date: | Hits: 47
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......he suit was filed on 2.1.92. Therefore, the appellant was not liable for any loss or damage after the expiry of 12 months from 12.10.90. The trial Court held that as the appellant did not give any decision on the claim of the plaintiff before 16.11.91 (Ext. 11), the claim was the subject of pend..Category: Business or Commercial Law | Date: | Hits: 114
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......aded on the basis of an ex parte decree. In a decree for specific performance of contract delivery of possession of the disputed property is implied and can be enforced. Mr. Ahmed referred to some decisions to support the aforesaid propositions which are respectively, Mofizur Rahman vs. Governme..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......he question of health hazard does not arise and that the defendants have set up Mills in that area after purchasing a running Mill. 4. On the averments of the parties, the main question for decision is whether injunction should be granted in this case or not. 5. It appears that th..Category: Civil Law | Date: | Hits: 95
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......respect of which he received a reply on 31.8.86 stating that he has to file an appeal to the appellate authority designated by the Chairman. On 23.11.86 the respondent prayed to the chairman for a decision on his appeal which was not replied to. Then after serving a notice for demand of justice ..Category: Employment/Service Law | Date: | Hits: 134
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......se to the Court of Sessions Judge, Madaripur, observing, among other things, that the issuing of any Rule would cause delay in the final disposal of the case. The learned Judges mainly based their decision upon a submission by the Assistant Attorney ‑General (Mr. Syed Matiul Islam) and obs..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......uch circumstances, the second charge‑sheet in the instant case in which the present petitioners are charge‑sheeted are considered as re‑investigation which is barred by law. The decision in the case of Sultan Ahmed Matbar vs. State, reported in 37 DLR 185 and Slate vs Kashem ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......ion. But what are grounds and what are the criteria to be applied for attributing or not attributing vagueness to them? In the case of Abdul Latif Mirza 31 DLR (AD) 1, upon a reference to a number of decisions it has been held: “Grounds, no doubt, mean conclusions derived from certain facts..Category: Constitutional Law | Date: | Hits: 185
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