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Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....f-al-al-aulad or any partial trust there may be cases where the donor himself has earmarked the amount to be spent by the Mutwalli or trustee and in such a case the trustee has no discretion in the master of expenditure for the purpose of the trust. He must devote income earmarked by the doÂnor f......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a conÂtroversy often arises and learn......y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......) (1980) 107 ......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
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. ...... (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. Result: The Petition is dismissed. ......essions pending before & Magistrate for enquiry may also be transferred to a Martial Law Court for trial". According to the learned Counsel sanction of the Government to prosecute a Government servant is a pre-condition which must be fulfilled before a charge-sheet is submitted for cognisance..Category: Criminal Law | Date: | Hits: 58
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 ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, ......ay 31, 1976. From the above it appears that the Government had revised its decision on the following consideration: "They are of the view that resignation of the public service by a Government servant entails forfeiture of past service and that there is no provisions under the rule to condon..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 inÂterference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......vision (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and anoÂther…………................Respondents Judgment August 8, 1979. The Governme...... contemplated in law. The learned Judges of the High Court Division negatived all the three contentions including the one mentioned here. 4. Leave was granted only to consider whether a Government servant can be compulÂsorily retired with retrospective effect namely from the date of suspension o..Category: Employment/Service Law | Date: | Hits: 72
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....of dismissal to an order of terminÂation simpliciter on the ground that "the petitioner was not a desirable person to be retained in the service, accordingly, she can not be trust upon the unwilling master". 5. Leave was granted to consider "whether High Court in exercising its power under Artic...... (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K.M. Subhan, J Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972......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 ..Category: Labour and Industrial Law | Date: | Hits: 106
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the apÂpellant 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. ....... Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the AppelÂlant. Abdur Rab-I, Advocate-on-Record—For the Respondent. Civil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Division in Writ Petition No. 438 of 1978) Judgme......978 dismissing the apÂpellant 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. ..Category: Employment/Service Law | Date: | Hits: 72
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... High Court Division held that Respondent No. 5 was not a local authority and the Writ Petition was not maintainable and the relationship between Respondent No. 5 and its employees was that of master and servant. After the Rule issued in that matter was discharged the Government decided to l......ion (Civil) Present: MH Rahman J ATM Afzal J, Mustafa Kamal J Latifur Rahman J. Abu Yousuf .......................Petitioner Vs. Bangladesh and others .........................Respondents Judgment August 11th, 1992. L...... Division held that Respondent No. 5 was not a local authority and the Writ Petition was not maintainable and the relationship between Respondent No. 5 and its employees was that of master and servant. After the Rule issued in that matter was discharged the Government decided to liquidate t..Category: Business or Commercial Law | Date: | Hits: 104
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......For the Appellant. Abdus Sobhan, Advocate, Supreme Court, instructed by Ataul Haque, Advocate-on-Record -For the Respondent. Criminal Appeal No. 15 of 1990. (From the Judgment and Order dated 12 January, 1986 passed by the High Court Division, Barisal Bench in Criminal Appea......secution examined 34 witnesses at the trial and put in the deposition of 10 more witnesses, who were examined in the earlier trial, under section 33 of the Evidence Act. Besides oral evidence, the servant registers, cash book, rent receipts and other documents, Exts. 1‑ 130 were produced a..Category: Criminal Law | Date: | Hits: 41
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ...... Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J. Government of the People's Republic of Bangladesh ........................Appellant Vs. Abdul Motaleb Dewan and ors ……………………….Respondents ......sub‑rule 3(b) of rule 4 of the Government Servants (Discipline and Appeal) Rules, 1985. Sub‑rule (6) of rule 4 provides that "no authority subordinate to that by which a Government servant was appointed shall be competent to impose on him any major Penalty". 4. ..Category: Administrative Law | Date: | Hits: 114
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
..... Asrarul Hossain first. Halsbury's Laws of England, 3rd Edition, Volume 25, paragraph 940 states as follows: "940. Condonation: justification for dismissal a question of fact. A master who, with full knowledge of a servant's misconduct, elects to continue him in his service...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant V......s of England, 3rd Edition, Volume 25, paragraph 940 states as follows: "940. Condonation: justification for dismissal a question of fact. A master who, with full knowledge of a servant's misconduct, elects to continue him in his service, cannot subsequently dismiss him for t..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......ushan Ershad ....................Petitioner [Criminal Petition No. 118 of 1992] Abdus Shukur Prodhan ..........................Petitioner [Criminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitio......ka ten crores required for the construction of the building, Taka 3, 50, 00,000.00 was taken from the Uttara Bank as a loan and the same amount was found in his possession in his capacity as a public servant who failed to account for the money, an amount disproportionate to his known sources of inco..Category: Anti-Corruption Laws | Date: | Hits: 302
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....Court. 2. Petitioner, Eastern Insurance Company Ltd., is the Insurer who already paid the insurance claim in respect of the goods for which he had stood surety, but which were damaged by the master or crew of the vessel. After the said goods were brought into Bangladesh, the petitioner fi......ported in: 46 DLR (AD) (1994) 185 ......laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......reported in: 46 DLR (AD) (1994) 183 ......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....t be questioned before any Court or any other authority, but section 6 has been made applicable subject to the provisions of section 7. In other words, he submits, the provisions of section 7 are the master provisions and section 6 is subordinate to section 7. Section 7 provides for an appeal agains......ision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sultana Jute Mills Ltd. and others................... Appellants Vs. Agrani Bank and others................ Responde......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ill be applied and to what extent may perhaps be left to the wise discretion of the Court itself. In other words, barring what is specifically provided for in the Rules themselves, the Court is the master of its own procedure and it exercise both its procedural and substantive discretions only on...... This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t MH Rahman J.- Respondent No. 1 instituted Title Suit No. 122 of 1987 in the Court of Assistant Judge, Fourth Court, Dhaka for a declaration that the order dismissing him from the post of Headmaster of the Post Office High School, Motijheel, Dhaka‑2 was illegal and not binding upon him. Hi......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S......ate Court reversed the decision of the trial Court without adverting to the reasonings of the trial Court; that the second show cause notice was not available to the plaintiff, not being a government servant; and that as there is no rule that in the absence of a member of the enquiry committee its p..Category: Employment/Service Law | Date: | Hits: 101
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......€¦â€¦â€¦â€¦..Appellant Vs. Bangladesh ………….Respondent (In Civil Appeal No. 24 of 1992) Mohammad Jahangir Kabir.......................Appellant Vs. Government of Bangladesh and Others …………..Respondents (In Civil Appeal No. 82 of 1992) Upendra Nath Talukder ..........he Administrative Tribunal Act, 1981 (VII of 1981) Where there is no provision for appeal, and where under review the President has extensive power to make any order as he deems fit, a Government servant will be entitled to the remedy available to him under the Rule 23. The Act and the Rules dea..Category: Administrative Law | Date: | Hits: 129
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