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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. ......irmed the decision of the Labour Court and discharged the Rule Nisi issued in the aforesaid writ petition. 2. The petitioner seeks review on the following grounds that in absence of any law or award or settlement securing any right to claim overtime allowance at the rat......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ..Category: Labour and Industrial Law | Date: | Hits: 128
Government of Bangladesh Vs. Chairman, Court of Settlement and others, 2001, 30 CLC (AD)
....imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......imitations. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 26. ......and there was no reason to include the said property in the ‘Ka’ list of abandoned buildings in the Gazette notification published on 23rd September, 1986 and such inclusion is without jurisdiction. The case was contested by the Government petitioner stating that Zarina Khatoon const..Category: Property Law | Date: | Hits: 61
Miah Lutfi Hossain Kasru and others Vs. Bangladesh, 2001, 30 CLC (AD)
....o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ......o consideration. Both the petitions are dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 25. ..Category: Election Law | Date: | Hits: 111
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....ernment Edward College, Pabna and he came out unsuccessful in the Examination. Upon obtaining mark sheet he found that he obtained 33 marks in English I paper and 21 marks in English 11 paper, in total 54 marks, 66 marks being the pass mark. 10 marks were given by the Board as general grace and......per before he sent the report and marksheet to the Board for tabulation of the result. When the Head Examiner explained the position it was incumbent upon the petitioners to accept the same in the absence of any evidence of collusion between the respondent and the Head Examiner and in the absenc......ly in the plaint and no issue having been framed as to whether the petitioners were actuated by mala fide in publishing the result of the concerned examination the High Court Division exceeded its jurisdiction in finding mala fide in the matter. 7. We have no hesitation in holding that th..Category: Constitutional Law | Date: | Hits: 182
....ht to have considered the entire evidence on record and after due consideration ought to have finally disposed of the case without sending the case on remand and the remand order has been passed on a total non‑application of the principle of law guiding remand in such case. Leave was also granted ......y comment.
The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law.
Ed.
This case is also reported in:47 DLR (AD) (1995) 162.
......vocate for the appellants has also argued that the adverse findings of the High Court Division against the appellants are incorrect and mistaken and are also not sustainable on merit. It exceeded its jurisdiction in interfering with concurrent findings of fact. Since the case will be remanded to the..
Category: Property Law | Date: | Hits: 46
Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)
....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 ......an application before the Tribunal on 19.8.93 and prayed for disposal of the election petition solely on one point of law, namely, whether the change in the polling stations was illegal and without jurisdiction and whether the election of respondent No.1 was liable to be set aside on that ground...Category: Others | Date: | Hits: 119
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 ......eived after continued persistence as late as on 9.1.79. He challenged the order of discharge dated 25.4.77 in the suit on the ground that no proceedings were instituted against him for unauthorised absence or on any other allegations. 3. The Government‑appellants in their written st......ntment filed by the plaintiff in the appellate Court that he was appointed by the Chief Engineer. Therefore the order of discharge passed by the Superintending Engineer, Khulna Division was without jurisdiction. The lower appellate Court therefore affirmed the judgment and decree of the trial Co..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 ......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 ......invalid and directed to treat the respondent No. I to be in service as before with full pay and other benefits. 7. Leave was granted to consider whether the Appellate Tribunal exceeded its jurisdiction in setting aside the result of the departmental enquiry when the respondent No.1 himse..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......e from service a "public servant" who has completed 25 years of service "without assigning any reason". 13. In the case of Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201, it was held that in the absence of a minimum guideline or principle as to how the Government's power to retire a person shou......ave power to see whether the order is in colourable exercise of power or is mala fide or whether it has been made by person by whom it was purportedly made, or the person who made it had authority or jurisdiction to make the order." 9. The minimum, Mr. Ahmed submits, that the Government should h..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....n the Constitution. In the letter of reference,dates of commnencement of the sitting days of the Sessons of the Parliament and their date of Prorogation have been given from where it appears that the total number of boycott days are 101. 103. As a result of the said boycott question has arisen w......ticle 106 of the Constitution of the People's Republic of Bangladesh by which the President has sought to obtain the opinion of the Supreme Court on some legal questions arising out of the continuous absence of some members of the Parliament consequent upon their walking out of the House first and t......4) Whether the Speaker or Parliament will compute and determine the period of absence? Sd/ Abdur Rahman Biswas 4.7.95 President People's Republic of Bangladesh 14. The advisory jurisdiction of the Supreme Court has its origin in the Government of India Act 1935, Section 213 of..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......0: "[D]espite repeated opportunities given to them no counter affidavit was filed by them with the result that all the factual allegations made in the petition remained unrebutted". 8. In absence of any return by the respondents, the appellant's contention that the grounds were served on......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..Category: Criminal Law | Date: | Hits: 75
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......rectly challenging the validity of the Trust. It is submitted that the proceeding under section 74 of the Trust Act cannot be stayed on the plea of a dispute having been raised in any suit. In the absence of any legal bar regarding appointment of a trustee during pendency of a partition suit in ......deed of Trust, admitted to have been executed by the author of the Trust, will alone determine the creation of the Trust and that the delinquent beneficiaries should not be allowed to postpone the jurisdiction of the principal court of original jurisdiction by filing a partition suit and indirec..Category: Property Law | Date: | Hits: 76
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 ......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 ......e Law of Insurance, 3rd Edition, 1970 at page 25 where it is stated: "Once a phrase has been given a definite meaning by the Courts for a 4ong period, not even a court of higher jurisdiction will overrule earlier decisions on the matter". 15. The question, th..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ......ee under execution in a subsequent suit which is not the case here. Mr. Karim then argued that the alleged power of attorney‑holder was not competent to proceed with the execution case in the absence of proper validation of the power of attorney. This contention is also unacceptable becaus......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......complaint case taking cognizance under section 200 and therefore the charge‑sheet submitted by the Police on the basis of the First Information Report cannot be said to be illegal or without jurisdiction. The cases referred to by Mr. Karim, 6 DLR (WP) 205 and 54 Calcutta 303, are on differ..Category: Criminal Law | Date: | Hits: 62
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......service, cancelled earlier; that his vested right cannot be taken away without any show cause notice and/or any opportunity of Personal hearing to him; and that his appointment was neither without jurisdiction nor without lawful authority and, as such, the power under section 21 of the General C..Category: Employment/Service Law | Date: | Hits: 117
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. ......or this or that, or have been guilty of some or other ambiguity. It would certainly save the judges trouble if Acts of Parliament were drafted with divine prescience and perfect clarity. In the absence of it, when a defect appears a judge cannot simply fold his hands and blame the draftsman.......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. ..Category: Property Law | Date: | Hits: 86
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 ......oration could have passed the order of punishment after the enquiry was over without serving any second show cause notice. 12. The High Court Division misdirected itself by holding that the absence of the enquiry report in the appellant's affidavit‑in‑opposition does not estab......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 ..Category: Employment/Service Law | Date: | Hits: 134
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....llants it was not at all proper that the High Court Division would order the transfer Without giving them any opportunity to explain their position. The allegation against the Public Prosecutor is totally baseless, he further contends. Mr. Wahidullah also contends that it is the duty of' a State......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 ...... 1994 for examination of prosecution witnesses, but the informant of the case filed an application on 31 May 1994 before the High Court Division for transferring the case to any Court of competent jurisdiction in some other Sessions Divisions taking the ground that the public prosecutor in charg..Category: Criminal Law | Date: | Hits: 67
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 ......ent. The court found that in the affidavit‑in‑reply by the Government it was not stated that the order of detention was made by the Secretary of the Ministry of Home Affairs and "therefore in the absence of any evidence, it is difficult to accept that the case was ever placed before the Minister...... 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 ..Category: Constitutional Law | Date: | Hits: 185
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