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A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....Attorney-General, instructed by S, S. Huda, Advocate-on-Record—Amicus Curiae. Civil Appeal No. 152 of 1978. (Arising out of C.P.S.L.A. No. 223 of 1978 on appeal from the judgment and order dated 27-2-1978 passed by the High Court Division in Writ Petition No. 630 of 1977). Judgment: ...... in 1974 the appellant was transferred to the technical side where he was given some additional job with additional remuneration. When the appellant was serving in such position, he was served with notice dated October 12, 1976 alleging inter alia, that he had visited the office of the Superintend...... the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the section, is pre-emptible. ………….(5) Sale in pursuance of a decree for specific performance of a contract is pre-emptible. Provisions embodied in section 26 of the Ben..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....h B B. Roy Chowdhury, Assistant Attorney' General, instructed by B. Hossain Advocate-on Record—For Respondent Nos. 1 & 2. Civil Appeal No. 160 of 1978. (On appeal from the judgment and order dated March 7, 1978 passed by the High Court Division Writ Petition No. 98 of 1977). Judgment: ......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 ...... a clear bar against reinstatement the competent authority cannot be said to be devoid of position of power to reinstate an employee who resigned from his service but being repentant sincerely craves for withdrawing his resignation. In such a case the competent authority cannot be aid to be with..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
.... even if passed with immediate effect the incumbent, due to the operation of this proviso, is entitled to the benefits as admissible under this rule, only for the period from his appointment to the date of suspension and thus such order has not affected any statutory right of the appellant. The ap......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 ......, 11. The order of compulsory retirement even if passed with immediate effect the incumbent, due to the operation of this proviso, is entitled to the benefits as admissible under this rule, only for the period from his appointment to the date of suspension and thus such order has not affected..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....Respondent No. 1. Kamaluddin Ahmed, Advocate—For Respondent No. 2. Criminal Appeal No. 33 of 1978. (Arising out of Criminal Petition No. 11 of 1977 on appeal from the judgment and order dated 30-11-76 passed by the High Court Division in Criminal Revision Case No. 559 of 1975). Judg......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 ......fences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being triable under the special statute, that is, P.O. 50 of 1972 the decision in the matter lies with the Special Tribunal. It is for the Special Tribunal to decide whether there are materials for taking cognizance of the offence ..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....the Appellant. Nazmul Huda, Advocate, instructed by Mozammel Huq Khan, Advocate—For Respondent No. 2. Ex-parte—For Respondent No. 1. Civil Appeal No. 71 of 1979. (From the Judgment dated July 28th. 1977 passed by the High Court passed in Writ Petition No. 68 of 1975). Judgment:......r-Continental, Dacca 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 Enq......lusion on the subject matter of the case on the basis of the evidence on record but in absence of findings of the Labour Tribunal to that effect the High Court Division cannot substitute its findings for those of the Tribunal in exercise of Writ jurisdiction. Lawyers Involved: Ahmed Sobhan, Sen..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... Bakr, Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Respondents Nos. 8-11. Ex parte—Respondent No. 7. Civil Appeal No. 89 of 1979. (From the Judgment and Order dated the 16th March, 1979 passed by the High Court Division in Writ Petition No. 790 of 1978). J......nd place and before some authority, the incumbent concerned has to show cause against the charges and he must be given a reasonable opportunity for the purpose. 10. The appellant was served with a notice dated 7.9.77 containing the charges which was allegedly received by the wife of the appellant......2, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for removing the Chairman is ultra virus. The impugned resolution was passed without any lawful auth..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....structed 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 the judgment and order dated June 29, 1976 passed by the High Court Division in Civil Revision Case No. 481 of 1969). Ju......on 96 of the Act reads as under: ''96.(1) If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may within four months of the service of the notice given under section 89, or, if no notice has been served under section 89, within four months......granted to consider the question as to whether intervention of a public pathway severs contiguity as contemplated under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts relevant for consideration of the question are that the appellant petitioners purchased several parcels of ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....im, Advocate, instructed by Md. Aftab . Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal No. 15 of 1978. (From the Judgment and order dated 28.11.78 passed by the High Court Division in Civil Revision Case No. 891 of 1978) Judgment......revisional jurisdiction judiciously. All facts need not be recounted at great length except stating that the plaintiff appellant is the landlord who instituted a suit for ejectment after service of notice to quit under section 106 of the Transfer of Property Act on the defendant-tenant. The su......891 of 1978) Judgment: K. Hossain, CJ.— In this appeal the short point involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectment of monthly tenant for one year exercised his revisional jurisdiction judicio..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....dvocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. Abdur Rab-I, Advocate-on-Record—For the Respondent. Civil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Division in Writ Petition No. 438 of 1978) Judgment Ruh...... 7 godowns situated in different parts of the city. On April 30, 1976 he was transferred to the Regional Office at Chittagong as Stores Officer and while he was serving there he received a show-cause notice on April 16, 1977 alleging mis-appropriation of synthetic fabrics of the value of Tk. 8,896/-...... ......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 complied with…..(6) The..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....ate, instructed by S.S. Hoda, Advocate-on-Record—For the Appellants. Aminul Huq, Advocate-on Record—For the Respondent No. 3. Civil Appeal No. 45 of 1978. (From the Judgment and Order dated 4-2-77 passed by the High Court in Civil Revision Case No. 718 of 1967). Judgment: K. H......he Waqf, if he thinks fit in respect of the genuineness and validity of the application and the correctness of the particulars as required under the Ordinance. The Administrator is required to give notice to the person administering the Waqf if the applicant is a person who is not administering ......78. 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. Section 50 of the Ordinance has been inserted in the enrolment chapter. ..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....dings in the Special Tribunal Case No. 258 of 1.976 and the Special Tribunal Case No. 98 of 1976, then pending before Special Tribunals. 2. The aforesaid cases arose out of Ramna P.S Case, No. 167 dated March 17, 1974 and Mohammadpur P.S. Case No. 13 dated May 4, 1974. The former case under secti......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 ......ve any retrospective operation on the pending cases………………….(31) per Fazle Munim, J. The High Court Division acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division……………(36) per..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....ul-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No. 227 of 1993. (From the Judgment and order dated 3.3.93 passed by the High Court Division in Civil Revision Case No. 370 of 1993). Judg......f supply of certain quantity of coal of specific size and quality by a contract dated 18.5.89 dispute arose between the respondent and the petitioner but in spite of repeated requests and a formal notice to appoint an Arbitrator in terms of clause 33 of the Contract the petitioner failed to do s......arifuddin Chaklader, Advocate-on-Record-For the Petitioner. Rafiqul-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No. 227 of 1993. (From the Judgment and order dated 3.3.93 passed by the..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
.... on 10. 1. 1970. The plaintiff on 3.2.70 prayed for leave to the court to serve interrogatories and the court directed the defendant to reply to interrogatories of the plaintiff by 12.2.70. On this date a petition for time to file interrogatories was submitted by the defendant, and the court adjo...... defendant was a monthly tenant under him in the suit premises. The tenant defaulted in payment of rent for which the plaintiff instituted the suit for ejectment after determining the tenancy by a notice under section 106 of the Transfer of Property Act. 3. The defendant in denying the p......tituted OS No. 230 of 1969 in the 1st Court of Munsif, Chittagong on 8.9.69 alleging that the defendant was a monthly tenant under him in the suit premises. The tenant defaulted in payment of rent for which the plaintiff instituted the suit for ejectment after determining the tenancy by a notice..Category: Others | Date: | Hits: 119
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
.... in short, are that the respondents 1-9 filed a pre‑emption case under section 96 of the State Acquisition and Tenancy Act, 1950 for pre‑emption of the land transferred under the kabala dated March 14, 1972 for a consideration of Rs. 5,000.00 which was registered on April 9, 1972. Re......he Sub‑Registrar's office and on taking a certified copy of the Kabala on March 8, 1973 they came to know for the first time about the transfer of the case land. Their further case is that no notice of sale was served upon them and that in order to avoid pre‑emption the kabala was re......from CR 174 of 1977. Judgment: Ruhul Islam J.- In this appeal by special leave the question for our consideration is whether the right of pre-emption as conferred under section 96 of the Sta..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....n, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 56 of 1991. (From the Judgment and order dated 11.11.91 passed by the High Court Division in Civil Revision No. 1984 of 1991). Judgment ......re is no concurrent finding of fact by the two courts below as to the vacant space complained of by the respondent. 12. Mr. Asrarul Hossain is not correct. The two Courts below, as we have already noticed, gave a clear finding that the appellant had not annexed the respondent's land while constru......nd the lower appellate Court, Additional District Judge, 4th Court, Chittagong; in Miscellaneous Appeal No. 88 of 1990 by Judgment and order dated 12.6.91 rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Si..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
....Huq, Advocate-on- Record-For the Petitioner. (In both the cases) Not represented -The Respondent. Civil Petitions for Leave to Appeal Nos. 106 and 107 of 1993. (From the Judgment and order dated 6.11.93 passed the High Court Division in Civil Revision Nos. 675 and 674 of 1990). Judgmen...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......lved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record-For the Petitioner. (In both the cases) Not represented -The Respondent. Civil Petitions for Leave to Appeal Nos. 106 and 107 of 1993. (From the Judgment and order dated 6.11.93 passed t..Category: Tenancy Law | Date: | Hits: 71
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record-For the Respondent. Criminal Appeal No. 7 of 1992. (From the Judgment and order dated 17th & 18.3.91 passed by the High Court Division in Death Reference No. 28 of 1990 (Dhaka...... of evidence and in their absence and found them guilty of the charge. The plea of alibi of some of the accused persons was rejected on consideration of the evidence of DWs. 11. As already noticed the High Court Division concurred with the trial Court as to the inadmissibility of Ext. 4(......urther to add. Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before the learned Sessions Judge, Narail in Sessions Case No. 22 of 198..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....cate-on-Record-For the Respondent Nos. 1-6. Sharifuddin Chaklader Advocate-on-Record-For the Respondent No. 8. Civil Petition for Leave to Appeal No. 27 of 1993. (From the Judgment and Order dated 7.12.92 and 9.12.92 passed by the High Court Division Dhaka in Writ Petition No. 1625 of 1992)...... discharged the Rule in the said writ petition. 4. In order to appreciate the point raised by Dr. Kamal Hossain, learned counsel for the petitioner in this petition, some facts are necessary to be noticed. The BSB published the sale notice in the daily 'Dainik Bangla on 12.4.90 calling tender by ......vocate-on-Record-For the Petitioner. Shamsul Haque Siddique, Advocate-on-Record-For the Respondent Nos. 1-6. Sharifuddin Chaklader Advocate-on-Record-For the Respondent No. 8. Civil Petition for Leave to Appeal No. 27 of 1993. (From the Judgment and Order dated 7.12.92 and 9.12.92 passed..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
....hamsul Alam, DAG instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 2 Respondent No. 1-Ex parte. Civil Appeal No. 78 of 1990. (From the Judgment and order dated 19th June, 1988 passed by the High Court Division in Writ Petition No. 1174 of 1988). ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ....../56, 3rd Colony, Mirpur, Dhaka was allotted to one Md. Hussain by ADC (Relief), Dhaka on 29.1.65 by an agreement of lease. The lessee Md. Hussain on 21.8.70 transferred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Govern..Category: Property Law | Date: | Hits: 63
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik Advocate-on-Record-For the Respondent. Criminal Appeal No. 2 of 1990. (From the Judgment and order dated 8th May, 10 passed by the High Court Division, Barisal Bench in Criminal Appeal No 88 of 1985......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ...... MH Rahman J.- On June 5, 1981 P.W. 1 Nur Mohammad lodged an information in the Nalchity Police Station, alleging, inter alia, that while he and his elder brother..Category: Criminal Law | Date: | Hits: 40
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