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A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....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 ......missal was passed without holding any enquiry, the learned Judges found no substance in this respect also. From the judgment of the High Court Division it appears that the learned Judge took the view that the Council did not come with in the meaning of ''local authority", and as such the writ p..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....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 ...... effect from the date of resignation. The appellant, however, submitted a representation on September 1st. 1972 by way of an appeal to the Minister-in- Charge of the Ministry of Communication for review of the order of acceptance of his resignation and on consideration of the said representation..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....inary criminal case under the Penal Code. He submitted that the learned Judge of the High Court Division did nor correctly appreciate the facts of the case and accordingly, discharged the Rule on the erroneous view that "The submission of final report so far as the accused petitioner is concerned ......icult to accept the submission of the learned Advocate that the case on 'narajee' filed by the complainant was proceeding as an ordinary criminal case after the 'narajee, petition was entertained, in view of the repeal of PO. 50 of 1972. The learned Judges of the High Court Division were not correct..Category: Criminal Law | Date: | Hits: 48
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... 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 ......"prescribed by the rules made under the Ordinance." Admittedly no rules have been framed under the Ordinance. The observation of Kaikaus, J. upon which reliance has been placed is inapplicable in view of the language in which section 13 (2) with the proviso has been framed. 12. It is not im..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
.... ; and the pre-emptors also have no land contiguous to the lands transferred; and that even the schedule 1 land (tank) is admittedly intervened by a government pathway, yet the Courts below, on erroneous view of the word 'contiguous', allowed the pre-emption case. He further contended that......laiming pre-emption on the ground of contiguity. On appeal, the order of pre-emption was affirmed. On revision a Division Bench of the High Court refused to interfere in the matter and approved the view taken by the Courts below. The disputed lands are in five different holdings recorded in differ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ...... ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the final order, the court becomes functus officio except to review its awn order in accordance with law or to correct clerical mistakes. The discretion, if any, s..Category: Tenancy Law | Date: | Hits: 69
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. ......al justice taking their place." According to the learned Judges the appellant was not condemned unheard. 5. Leave was granted to examine whether the High Court Division was correct in taking the view that— (1) requirements of compliance of the principles of natural justice are not applic..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rolment of a property as waqf under section 47 or section 49 is not a decision under section 50 of the Ordinance as to the waqf character of the property. The learned Single Judge of the High Court erroneously proceeded on the basis that the enrolment made by the Administrator was a decision under......s appeal the question of competency of a suit filed in the Civil Court, namely, Title Suit No. 374 of 1966 in the Court of Munsif Sunamganj, Sylhet, challenging the enrolment of wakf is involved in view of sections 50 and 102 of the Waqf Ordinance, 1962. 2. Since the question has been raised by..Category: Trust/Waqf Law | Date: | Hits: 196
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....fact, migrated to India earlier to the Enemy Property law came into operation in 1965, so that the property left by them came within the mischief of enemy property law but the High Court Division has erroneously assumed as a fact which the Enemy Property authority was to prove. The onus was mispla......re the war of Indo-Pakistan in 1965. The High Court Division held that it was a disputed question of fact and so it could not be decided in the writ jurisdiction, and the learned Judges were of the view that the order passed by the Enemy Property authority declaring the property as enemy would s..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 ......s the procedure has substantially been changed under the Special Powers Act. It is too late in procedure law because our codified law contains the beneficial measures namely, bail." 10. In their view, therefore, by deleting these offences by the amendment the legislature intended that those p..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ...... amend their petition and invoke some other section of the Arbitration Act. We find that the Arbitrator has already entered on the reference and has started issuing notices to the parties. In that view of the matter we are not incline to entertain this technical objection at this stage. 6..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....the other, inflict upon his opponent similar calamities. We believe that there have been very many cases before this Tribunal in which their Lordships have deemed it to be their duty to correct erroneous interlocutory orders, though not brought under their consideration until the whole cause......cellaneous Appeal was dismissed by the appellate Court below as time barred. Against this order a Rule was issued by the High Court being Civil Rule No. 483 of 1971. In the meantime on 6.8.71 the review petition under Order 47 read with section 151 of the Code (Miscellaneous Case No. 84 of 1970) ..Category: Others | Date: | Hits: 119
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 ...... of the Specific Relief Act, nor was there a prayer for such relief as required under section 42. 4. Leave was granted to consider whether the High Court Division was correct in taking the view that receiver cannot be appointed in a suit filed in consequence of an order passed under sect..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 ......li Kari, and as such it should be presumed that he had no knowledge of the transfer during his lifetime. The pre-emptee also could not establish that Sadad Ali Kari had knowledge about the sale. In view of this position the question could not be pressed further. 8. Mr. Abdus Salam attempt..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. ......Pleader Commissioners, it does not appear that the contesting defendant was raising construction upon annexing the plaintiff's land. 8. The learned Single Judge of the High Court Division took the view that since there was no boundary wall in between the two plots, the dispute has arisen between ..Category: Property Law | Date: | Hits: 66
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....nt time. Another ground, which was in fact given serious consideration by the High Court Division, is that the respondent's earlier application for certified copy of the trial Court's Judgment was erroneously dismissed on a 11 suspicious endorsement" therein to the effect that "certifi......delay was caused by willful neglect and serious laches on the part of the Government's officers, particularly the law‑officers involved in this matter. Learned Counsel has also criticised the view taken by the learned Judges of the High Court Division that in appropriate cases the Governmen..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 ...... Division considered there would not be any justification in directing retrial since P.W. 1 is the sole witness and his statement before the police is not available. The High Court Division kept in view that the right of cross‑examination on the basis of its previous statements under sectio..Category: Criminal Law | Date: | Hits: 48
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......esh Consumers Supplies Co Ltd (respondent No. 5) and terminate the services of the petitioner and other employees of respondent No. 5 on payment of six months' salaries from 31st December 1988. In view of the recurring loss respondent No. 5 Government decided for a voluntary winding up of the Co..Category: Business or Commercial Law | Date: | Hits: 104
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 ......ater care and caution in assessing the evidence of admittedly partisan, interested and hostile prosecution witnesses, whether this failure has resulted in a failure of justice, whether upon a wrong view of law and facts it failed to give due importance to the necessity of independent corroborati..Category: Criminal Law | Date: | Hits: 60
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 ......s order rejecting the belated prayer for simultaneous hearing of the two cases. 9. The question of propriety of the simultaneous trial of the two cases has, however, lost importance now in view of the fact that one case had already been stopped under section 339C. What is important in t..Category: Criminal Law | Date: | Hits: 40
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