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Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
.... that since the respondents were discharged from the original case their removal from service amounts to double jeopardy, and secondly, it has been found that the impugned order of removal is bad in law, because, Article 6 of President's Order No-9 of 1972 empowering the Government to remov..Category: Employment/Service Law | Date: | Hits: 92
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
.... been compulsorily acquired and even after cessation of business, could not be legally computed in the assessment of income tax for the accounting year 1961-62 and as such the assessment order is bad in law. Reference to section 3 also does not improve the case." 6. Next it was..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....law presumes prima facie in favour of the deeds duly executed, inasmuch as such transactions can be challenged only on the ground of fraud, coercion, undue influence, etc.' or on the allegation of bad faith. The rule of law has been codified in section 111 of the Evidence Act, which provides tha..Category: Property Law | Date: | Hits: 57
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....n. But in this particular case, became of the facts aforesaid, it is to be governed by its own facts, in that, the question of pre-maturity was raised at the appellate stage, but by then the document bad been registered end so the pre-maturity could be said to have been cured, but then appeal on mer..Category: Property Law | Date: | Hits: 65
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....ssioner has been inducted as member of the teaching staff in order to maintain the requisition. From all these circumstances, the High Court Division came to the conclusion that the requisition was bad Inasmuch as no recognition under Ordinance 33 of 1961 and Ordinance 20 of 1962 was issued by th..Category: Property Law | Date: | Hits: 65
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....cised that the offence 'mutiny' has not been banned. Mr. Sirajul Huq argued the point and he referred to section 59 and submitted that it being 'murder' was civil offence and therefore, the trial was bad. The argument overlooks section 31 which catalogues the offence of mutiny. Clauses (b), (c) and ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
.... Court of Admiralty may be exercised either by proceedings in rem or by proceedings personam.” 22. Having come to the conclusion that the proceeding in rem that is against the vessel was clearly bad in law the only question is whether by proceeding in personam is maintainable. The plaint had be..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
.... the Park Street land from Mr. Nasiruddin, I have purchased the land with Rs 36.750/, in total. This amount my father gave me". D W, 4 Atiur Rahman slated that the defendant bad property at Park Street, She purchased the same from Nasiruddin. Her father gave her money..Category: Property Law | Date: | Hits: 448
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
.... proposition. The learned Counsel for the appellant could not show from any law that such power was given to the B.T.I.M.C. Therefore, the transfer to a new Company after disinvestment was palpably bad. The High Court Division had correctly applied the law though the observation that the relatio..Category: Employment/Service Law | Date: | Hits: 92
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....to leave his office before meeting a deputation of some workers who were on their way from Narayanganj; and that when the Assistant Manager refused to wait saying that the Narayanganj workers bad not made any appointment with him on that date and wanted to proceed the employee warned his dr..Category: Labour and Industrial Law | Date: | Hits: 91
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....ity has been affected without lawful authority must be accepted. 4. In this view of the position we accept the first contention of Mr. Asrarul Hossain that the impugned order is bad, as such, it is to be struck down. 5. In view of oar decision on the first point, the se..Category: Employment/Service Law | Date: | Hits: 94
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....vices were terminated by way of penalty. We do not, therefore, think that the learned Judges of the High Court were right in holding that the orders terminating the services of the respondents were bad in law for not giving them any opportunity of showing cause before terminating their services...Category: Employment/Service Law | Date: | Hits: 96
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... to any damages as they had not suffered any pecuniary loss due to the death of a daughter from whom they could have no reasonable expectation of any pecuniary advantage and (2) that the decree was bad as the trial Court had not given the basis upon which it had assessed the damages at Rs. 10,000/..Category: Others | Date: | Hits: 124
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... Division by directing the Investigating Officer to swear an affidavit with certain pages of the diary has committed wrong and illegality and if such an order is maintained this will create a very bad precedent and the secrecy of investigation of any case will be frustrated. As regards sec..Category: Criminal Law | Date: | Hits: 65
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....e High Court Division arrived at the conclusion that the finding that the judgment-debtor had knowledge of the decree on 21-3-66 was perverse. The High Court Division further noticed that the summons bad been suppressed and the decree was obtained ex parte fraudulently. This finding of fact was arri..Category: Property Law | Date: | Hits: 69
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
.... of Lading. 6. This controversy originated from the beginning of the century. It was noticed in the Njgos (1935) All E R. 863 and it was observed that the arbitration clauses in the charter party bad been in existence since 1914 and Sir Boyd Merriman held that the arbitration clause was not ..Category: Business or Commercial Law | Date: | Hits: 89
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....rect exposition of law. 8. The next question is whether the proceedings of the instant case should be quashed. Mr. Aleem-Al-Razee, appearing for the petitioner, contended that the charge-sheet bad been submitted against the petitioner on the ground that extra judicial confession had been made..Category: Criminal Law | Date: | Hits: 51
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....ry the inherent jurisdiction is exercised to "prevent abuse of the processor any Court." Process of the Court has been Interpreted judicially to anything done by the Court. 'Abuse' means misuse, make bad use of, perversion or an unjust or corrupt practice. In a proceeding if the Court does anything ..Category: Criminal Law | Date: | Hits: 66
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
.... oat of the present case. Although under rule 5 of the Rules, the Bank is authorised to sell the mortgaged property even by private negotiation, Dr. Hossain submitted that since notice calling tender bad already been issued in the present case, the Bank could resort to sale by private negotiation on..Category: Banking Law | Date: | Hits: 142
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....ch it has so acted, in order to satisfy itself, that the authority has not acted in an unlawful manner." 17. DC Bhattacharya, J, though refused to declare the order of detention to be bad only because the initial detention was invalid, concurred with the majority opinion that the or..Category: Criminal Law | Date: | Hits: 88