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Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......Karim Rubber Industries Ltd. has not been terminated by the company itself of which he was an employee but his termination of ad-hoc appointment as administrator by the appellant shall not render his service terminated by Karim Rubbers Industries Ltd………..(4) Case Referred to- Bangladesh S..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....of the offence is a matter of procedure and under the well accepted principles, there is no vested right to procedure and alteration in from of procedure are always retrospective unless there is some good reason or other why they should not be this proposition was founded in the case of Garduner Vs ...... transfer of a criminal case from a Criminal Court or Special Tribunal to a Martial Law Court. It presupposes that a case must be pending before either of the said two Courts. In the instant case the record shows that the case was not pending before the Special Tribunal, inasmuch as, firstly, cogn......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....Arbitration Act filed by the appellants for stay of the proceedings in the suit. Respondent No. 1 filed the Admiralty Suit for a decree for Tk. 54,43,567/00 as damages for delaying the carriage of goods and other causes. 2. Facts in short are Respondent No. 1 is the Proprietor of A.M. Traders ......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....ere found to have been carrying Indian Kumbi leaves into Bangladesh near Nayerchar in Rangpur District. They were arrested persons allegedly disclosed the name of the petitioner as the owner of the goods. Thereafter Police investigated the case and submitted charge-sheet against the petitioner and......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......nation of a dead body identified to him as that of one Saleha Begum. He found one incised wound on upper part of the neck which according to him, was the cause of her death and suicidal in nature. He recorded the result of his examination in his report. On the basis of a First Information Report fil......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ...... the Court of Appeal below should remit only the issue of limitation to the trial Court for a finding under Order 41, rule 25 of the Code of Civil Procedure keeping the appeal pending there. When the records were received back in the Court of Appeal below an application was made on behalf of the app......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......rt in assessing compensation in terms of section 93A (5) (b) (ii) read with 91A of the Act is competent to direct for payment of interest on the compensation assessed. 2. Facts are that the land recorded in C. S. Plot Nos. 59, 60, 89 and 90 measuring 2.55 acres of land of Mouza Bhola under P.S.......lue the Court shall take into account the average value of the properties of the similar description and with similar advantage in the vicinity during twenty-four months preceding the date of service of the notice under clause (a) of sub-section (4) of this section: Provided further tha..Category: Others | Date: | Hits: 86
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 ......olding that in the case of the appellant the principle of natural justice was followed, because the finding is not warranted by the materials produced by the respondents. 20. From the materials on record it appears that two proceedings were drawn up against the appellant, one on March 15, 1977 on......ourt Division in Writ Petition No. 630 of 1977. 2. The appellant by filing the Writ petition challenged legality of the order dated August 22, 1978 passed by respondent No. 1 dismissing him from service on the ground of misconduct. His case in short is that he joined the service of the then 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 ......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 ......Service Rules, Rule 147. In the absence of 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..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....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 ......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 ......lled the Rules, by the Secretary, Ministry of Commerce. The procedure as laid down in the Rules was followed and the appellant having been found guilty of misconduct was compulsorily retired from service under rule 3(b) and (c) of the Rules. 3. The order of compulsory retirement was challenge..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....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 ...... Special Tribunal. It is for the Special Tribunal to decide whether there are materials for taking cognizance of the offence alleged against the accused. The learned Magistrate should have sent the record of the case to the Special Tribunal for necessary orders, instead of passing order of dischar......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 ..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......nt Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion 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 cann......g Tk. 123,00 from a hotel room occupied by a foreign guest. The Enquiry Committee set up by the Management found her guilty of the charge and recommended for her dismissal. She was dismissed from the service with effect from 7.4.76. 3. The appellant filed a grievance petition on 19.4.76 under sec..Category: Labour and Industrial Law | Date: | Hits: 106
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 ...... 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 ...... 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 ..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....e pre-emptor's land is not severed. In other words, existence of a public pathway does not affect the right of pre-emption. In support of this view, neither any authority has been referred to nor any good reason has been given. It has been only stated that if the land intervening belongs to the Gove......tion 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 different khatians and the plots are also not in one compact block but are close to each......tute. Sub-section 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, wit..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 ......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 ......ed his 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-ten..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....bound to accept the recommendation of the enquiry Officer, but in inflicting a higher punishment the appointing authority is expected to assign some reasons for coming to such a decision. There are good authorities for the proposition that in such case when no reason has been given by the appointi......ithout considering the recommendation of the Enquiry Officer. It was further contended that the departmental proceedings were taken in his absence and witnesses were examined and their statements recorded also in his absence and thereby violating the principles of natural justice. 4. From the...... 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 appointing authori..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 ......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 ......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 ..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....any Magistrate not empowered by law to do any of the following things, namely ; (e) to take cognizance of an offence under Section 190, Subsection (f), Clause (e) or Clause (b), erroneously in good faith does that thing, his proceeding shall not be set aside merely on the ground of his not b......P.P.'s opinion and at the order of the S.P. the case has been charge-sheeted omitting the Special Powers Act. If it be so it is very clear that there is no ingredient of Special Power Act. Seen the record also. The offences alleged are all bailable except u/s 379 B.P.C. Considering all the aspec......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 ..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ..Category: Criminal Law | Date: | Hits: 63
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