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M. A. Hai Vs. Trading Corpo­ration of Bangla­desh, Dacca, 1977, 6 CLC (AD)

....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. ...... ......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......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. ...... to such a decision. Even in case of giving reasons, the order is not immune from attack being violative of the principle of natural Justice…………(9) Case Referred to- 31 DLR (AD) 33. Lawyers Involved: Rafique-ul-Huq. Senior Advocate, instructed by B. Hossain, Advocate-on-Recordâ€..

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 ......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. ......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 ......nistrators jurisdiction is attracted when dispute is whether a property is waqf or not. This question will have to be decided by the Waqf Administrator within a reasonable time……………. (16) Lawyers Involved: Ahmedur Rahman Khan, Advocate, instru­cted by S.S. Hoda, Advocate-on-Record—..

Category: Trust/Waqf Law | Date: | Hits: 196

Siraj Miah Vs. Bangladesh and ano­ther, 1980, 9 CLC (AD)

....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 ...... No. 1, Sylhet, who took cognizance of offences under Section 148/324/431/379 of the Penal Code read with Section 26 of the Special Powers Act, 1974, 2. Facts briefly stated are that on a First Information Report filed with the Officer-in-Charge. Balaganj Police Station, District Sylhet, stating......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 ......ecial Powers Act to take cognizance of the offence suo moto or upon receipt of a complaint other than a Police report by a competent officer or in the course of hearing of a revisional application. Lawyers Involved: Abdul Wadud Khandker, Advocate with Habibul Islam Bhuiyan, Advocate instructed ..

Category: Criminal Law | Date: | Hits: 60

Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)

....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 ......esses and held that appellant's vendors never migrated to India either in 1947 or in 1965 or in the year 1971. The enquiry report was not accepted by the Joint Secretary, Land Administration & Land Reforms, Administra­tion Division and he held that the property vested as Non-Resident-Property (Admi......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 ....... Enemy Property Burden of Proof The burden of proof is on the Enemy Property Authority to 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 ..

Category: Property Law | Date: | Hits: 58

Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)

....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......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 ...... Vs. Jauncey. (1950)  IRB 574; Gardener Vs. Lucas (1878) 3 A.C. 582 at page 603; Republic of Costa Rica Vs. Erlanger (1874) 3 Ch. D. 62; Akhtar Hossain Khan Vs. The State (1977) 29 DLR (SC) 101. Lawyers Involved: K.A. Bakr, Attorney-General (A.W. Bhuiyan, Asstt. Attorney-General with him) in..

Category: Criminal Law | Date: | Hits: 66

Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)

....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 ......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......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 ......All (Lucknow Bench) 119; Maharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-R..

Category: Others | Date: | Hits: 119

Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)

....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 ...... whether the High Court Division applied its judicial mind while summarily rejecting an application by the accused­-appellants under section 561A Cr.P.C., which sought to quash their conviction for theft on the ground that the conviction was based on no evidence. The impugned order of the Hi......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 ...... J. Mofazzal Hossain Mollah and others .........................Accused-Appellants Vs. State ..........................Respondent Judgment May 10th, 1993 Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by..

Category: Criminal Law | Date: | Hits: 44

Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)

.... 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 ......neous Appeal No. 120 of 1974 affirming the order of the Subordinate fudge, Noakhali, refusing to recall appointment of receiver in Other Class Suit No. 137 of 1974. 2. Short facts necessary for the disposal of this appeal may be stated as follows: The appellant, who is the plaintif...... 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 ......s Referred to- Nawab Humayun Begum Vs. Nawab Shah Mohammad Khan 1943 AIR (PC) 94; Sunder Singh Vs. Managing Committee, 1938 AIR (PC) 73 & Deo Kuer Vs. Sheo Prasad AIR 1966 SC 369. Lawyers Involved: BN Chowdhury, Advocate, instructed by Abdur Rab-II. Advocate-on-Record-For..

Category: Civil Law | Date: | Hits: 112

Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)

....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......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......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ....... Inu Mia and others .........................Appellants Vs. Mokhlesur Rahman and others.........................Respondents Judgment January 15th, 1980. Lawyers Involved: Abdus Salam, Senior Advocate, instructed by BC Panday, Advocate-on-Record-..

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)

....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. ......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......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. ......rul Alam @ Haji Nurul Alam Sawdagar.....................Appellant Vs. Al‑Haj Abdus Sobhan Sawdagar Wakf Estate and another ....................Respondents Judgment January 22, 1992. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, S K Shaha, Advocate with him) instructed b..

Category: Property Law | Date: | Hits: 66

Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)

.... 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...... 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 ......6 of 1993] Al-Haj Md. Rafique Miah ..................Petitioner [In CP No. 107 of 1993] Vs. Golden Biscuit Co....................Respondent [In both cases] Judgment May 20th, 1993. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, ins­tructed by Md. Sajjadul Huq, Advoc..

Category: Tenancy Law | Date: | Hits: 71

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

....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 ......, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate­-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petitions for Leave to Appeal No. 76 of 1992. (From the Judgment and order dated 25.11.91 passed by th......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 ......d Urban Development and another...............................Respondents Judgment May 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by..

Category: Property Law | Date: | Hits: 101

State Vs. Zahir and ors., 1993, 22 CLC (AD)

....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 ......ng the rule absolute and acquitted the accused-respondents who were convicted under sections 395 and 397 of the Penal Code and Special Powers Act, 1974 and sentenced to suffer rigorous imprisonment for 4 (four) years each by a Judgment and order dated 22.7.1977 passed by the learned Special Tribu......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 ......                 Vs. Zahir and ors ..............Respondents Judgment November 27th, 1980. Lawyers Involved:             &nbs..

Category: Criminal Law | Date: | Hits: 48

Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)

....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......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......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ...... PLD (SC) 387; Karnail Singh and another Vs. State of Punjab 1954 AIR (SC) 2; Lachhman Singh Vs. State 1952 AIR (SC) 167 & State of UP Vs. Paras Nath Singh and others 1973 AIR (SC) 1073. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advocat..

Category: Criminal Law | Date: | Hits: 60

Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)

.... 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...... 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 ......ip;……..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. Lawyers Involved: Abdur Rab 1, Advocate-on-Record-For the  Appellant M Shamsul..

Category: Property Law | Date: | Hits: 63

Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)

....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......nted in connection with any other case.               Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......ors………………….Appellants Vs. State   ................................Respondents Judgment November 19th, 1992. Lawyers Involved: Abdul Malek, Sr. Advocate, (Zamiruddin Ahmed, Advocate with him) instructe..

Category: Criminal Law | Date: | Hits: 40

Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)

.... 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 ......ng Bench in Civil Revision Nos. 1420 to 1423 of 1997). Judgment:           MH Rahman J.- The appellants filed four different applications for pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fi...... 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 ......khter Hossain and others (in all the Appeals) ............. Appellant Vs. Sayera Khatoon...............................Respondent Judgment December 7th, 1992. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. (In all the appeals)...

Category: Property Law | Date: | Hits: 72

Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)

..... 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 ...... to registration under this Ordinance unless it has a minimum membership of thirty per cent of the total number of workers employed in the establishment or group of establishment in which it is formed: Provided that more than one establishment under the same employer, which are all....... 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 ......s ….........................Respondents [In CA No. 18. of 1993] Judgment August 18th, 1993. Case Referred to- Asaduzzarnan Vs. Bangladesh 42 DLR (AD) 144; Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocat..

Category: Labour and Industrial Law | Date: | Hits: 103

Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)

....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 ......rtion of Plo Nos. 2574 and 2573 were transferred by their own under a kabala dated 3 June 1976, whereupon appellant filed an application under section 96 of the State Acquisition and Tenancy Act before the Munsif, Faridpur, claiming pre-emption of both the plots taking the ground that these two ......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 ......tee-Respondents Judgment April 21st, 1993. Cases Referred to- Ahmed Hossain Vs. Basharat Ali 32 DLR (AD) 54; Hazi Tozambar Ali Vs. Abdus Sattar 34 DLR (AD) 217. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (MA Wahhab Miah, Advocate with hi..

Category: Property Law | Date: | Hits: 72

Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)

....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......amal J.- This appeal by leave is from the Judgment and order of the High Court Division dated 4.5.92 dismissing summarily the appellant's Writ Petition No. 1454 of 1992 wherein the appellant prayed for issuance of a Rule Nisi calling upon respondent No. 5 Milon Md. Bachhu to show cause under what......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......lla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 1993.  Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him) instructed b..

Category: Election Law | Date: | Hits: 106