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Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....adrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and anoÂther…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compul...... Vs. Bangladesh and anoÂther…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compulsory retirement even if passed with immediate effect the incumbent, due to the operat..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 ......cide 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 discharge by himself………(7) Cases Referred to- Abul Ho..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 ......bour Court holding that the domestic enquiry was neither held properly nor bonafide and the enquiry report was a perverse one, being not based on any evidence. The High Court furÂther found that the order of dismissal was not warranted in the facts of the case and the order of the Labour Court was ..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... Ruhul Islam, J K. M. Subhan, J Badrul Haider Chowdhury, J Azizul Molla …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the abse......he 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 authority and the order passed by the prescribed authority in consequence of the resolution is of no legal effect…â€..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......ate instructed 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)...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 ....... Badrul Haider Chowdhury J. Md. Shahidul Haque ...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..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
.... of synthetic fabrics of the value of Tk. 8,896/- from the godown at Siddique Bazar, Dacca. The appellant was charge-sheeted for misconduct and corruption under sub-rules (b) and (c) of Rule 3 of the Government Servants (Discipline and Appeals) Rules, 1976. He showÂed cause to the charges and in re......the enquiry officer but in inflicting higher punishment not recommended, the appointing authority is expected to assign some reasons for coming 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) ..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 ......roÂperty, time and manner in which the enrolÂment is to be made. In this context, section 50 authorises the administrator to decide the question whether a particular property is waqf or not and the order made by the AdminisÂtrator under this section is subject to chalÂlenge by the District..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and anoÂther, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to contiÂnue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......). Judgment: Fazle Munim, J.- This appeal arises from a judgment of a Division Bench of the High Court which summarily rejected the Writ Petition No. 53 of 1977. It concerns the legality of an order of the Sessions Judge and Special Tribunal No. 1, Sylhet, who took cognizance of offences unde..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 ......”For the AppelÂlant. Abdus Sobhan, Additional Attorney-General, instructed by M.R, Khan, Advocate-on-Record — For the Respondents. Criminal Appeal No. 29 of 1978. (From the Judgment and order dated 13-10-77 passed by the High Court Division in Writ Petition No. 792 of 1977). Judgmen..Category: Criminal Law | Date: | Hits: 63
Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
.... till 1975 long after coming into operation of the enemy property laws without the said auÂthority being impleaded. Apart from this, the appellant has asserted his possession in the property and the Government in their affidavit-in-opposition, though have challenged the vaÂlidity of the sale deeds...... passed by the High Court Division in Writ Petition No. 614 of 1976.) Judgment:    K. Hossain, C J.—This appeal arises out of a writ petition wherein the appellants attempted to get an order of the Enemy ProÂperty authority declared as without lawful authority but had not succeeded. ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....an Siraj but, as already mentioned, was later on shown arrested. 3. The Special Tribunal Case No. 98 of 1976 relates to a speech of the respondent who delivered it on March 8, 1974 criticising the Government exhorting the people to resort to direct action while following the programme of the part......oyeem, Advocates with him) instructed by Aminul Huq, Advocate-on-Record—For the respondent (In Appeal No. 10 of 1978). Criminal Appeal Nos. 9. and 10 of 1973 (On appeal from the judgment and order of the High Court Division passed in Criminal Revision No. 648 of 1977 and Criminal ReviÂsion..Category: Criminal Law | Date: | Hits: 66
Coal Controller, GovernÂment 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 ...... 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 High Court Division in Civil Revision Case No. 370 of 1993). ..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....h 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Chhabra, AIR 1968 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 Jo.......70 for ex parte disposal of the suit. On that date the defendant filed a petition under section 151 of the Code of Civil Procedure for acceptance of the written statement after setting aside the order dated 26.2.70. The learned Munsif by his order dated 1.4.70 rejected the petition under secti..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 ......nts. Shamsul Alam, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on Record-For the Respondent. Criminal Appeal No. 8 of 1992. (From the Judgment and order dated 21.4.92 passed by the High Court Division, Dhaka in Criminal Revision No. 938 of 1990)...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 ...... KM Subhan J.- This appeal by special leave arises out of a Judgment of the High Court Division dated April 25, 1975 passed in Civil Revision No. 1126 of 1974, setting aside the order of the District Judge, Noakhali in Miscellaneous Appeal No. 120 of 1974 affirming the order o..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 ......ertified 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 registered in a different Sub‑Registry. ..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. ......Hossain, 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). Judgm..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 ......jadul Huq, Advocate-on- RecordÂ-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). J..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
...., and on their application under section 5, Limitation Act, the High Court Division, by the impugned order, condoned the delay subject to payment of Taka 3,500.00 as cost to this Petitioner by the Government. 3. Mr. TH Khan, learned Counsel for the petitioner, has seriously assailed the ......y 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 the High Court Division, Dhaka, in Civil Rule No, 115(F) of 1990). ..Category: Property Law | Date: | Hits: 101
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