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Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others......her observed: "In the present case liberty is given to call at any ports in any order.........I believe the term has always been interpreted to mean that the ship may call at such ports as would naturally and usually be ports of call on the voyage named. If the stipulation were only that she mi..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......pellant. Rafiqul Haq, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate on Record.—For the Respondents, Civil Appeal No. 71 of 1981 (On appeal from the judgment and order 10.6.80 passed by the High Court Division in Application No. 155 of 1972.) ......usiness of acquiring and letting out house properties for the purpose of earning rent. If this is not business then what it is? The activities are undoubtedly business activities in its natural sense. We must, therefore, hold that the house properties in the instant case should be va..Category: Fiscal/Taxation Law | Date: | Hits: 78
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......ate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The ......gislature, a more extended meaning may be attributed to the words, if they are fairly susceptible of it. The construction must not, of course, be strained to include cases plainly omitted from the natural meaning of the words." 73. At another place of the book the following principle..Category: Labour and Industrial Law | Date: | Hits: 91
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ...... Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others... …………………..Respondents Judgment......eniority list has effected him adversely, inasmuch as he has been regulated from serial position No 15 to the position of serial No. 22 and this was done in violation of the principle of natural justice and without any legal authority. The High Court Division repelled the contenti..Category: Employment/Service Law | Date: | Hits: 94
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ...... December 24, 1969. Termination of service The respondents were in the employment of the Corporation, but were not persons in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law o...... (ii) that the respondents were entitled to protection guaranteed by Article 177 of the 1962 Constitution, and (iii) that, in any event, even if Article 177 did not apply, the principles of natural justice required that they should have been given an opportunity to show cause before the..Category: Employment/Service Law | Date: | Hits: 96
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......it considers expedient so to do retire from service an employee at any time after he has completed 25 years of service without assigning any reason……(25) (ii) When Managing Director has power and authority to pass an order of retirement approval of the Board of Directors is not at all necess......ction 9(2) of the said Act and as a public servant he could be retired by the President of Bangladesh. No notice to show cause was served on him before his retirement in violation of the principle of natural justice. Such deprivation is discriminatory, arbitrary and malafide and violative of Article..Category: Employment/Service Law | Date: | Hits: 186
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ...... The Evidence Act, 1872 (I of 1872), Section 5 It is well settled that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance the wife met wit...... December 1, 2001. The Evidence Act, 1872 (I of 1872), Section 5 It is well settled that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain..Category: Criminal Law | Date: | Hits: 52
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......bsp; BRAC and others ……………….………Appellants ......quo; were inserted. Similarly, amendments were made by including or substituting other activities such as promotion of social welfare, activities conducive to the protection and improvement of the natural environment (including forests, lakes, rivers and wildlife) compassion for living creatures..Category: Constitutional Law | Date: | Hits: 199
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
.... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... Akbar Hossain (Md)…………………………. Petitioner Vs. MD, Agrani Bank and others ………………Respondents Judgment ......ication of the petitioner before the Managing Director to reinstate was of no effect whereupon the petitioner sent a notice alleging his wrongful dismissal from service in violation of principle of natural justice. The defendant denied the allegation stating that the reply to the charges were no..Category: Employment/Service Law | Date: | Hits: 83
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......usain J Abu Sayeed Ahammed J Md. Shafique Ahmed........................................ Petitioner Vs Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………...............Respondents Judgme......took place without service of any notice upon the petitioner and respondent No. 2 upon malafide and arbitrary exercise of jurisdiction curtailed the area of the petitioner against the principle of natural justice. We have heard the learned Advocate-on-Record. Having regard to the settled princip..Category: Others | Date: | Hits: 106
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....er grandsons, defendants 1 and 2 in order to be valid, required to be proved by the grandsons that the lady made intelligent execution of the documents, and that in so doing she got independent and disinterested advice. The trial Court held, that the grandsons (defendants 1 and 2) carried burden o...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Moha...... 10. The earliest case is that of Tacoor Deen Tewary vs. Nawab Syed Ali Hossain Khan I LA, 192. It was held by the Privy Council that where a pardanashin lady, lying apart from her relations and natural advisers, makes a deed in favour of a person who has, on some occasions, acted as her man of..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......llate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment January 24, 1980. ...... has been subjected to harassment of illegal prosecution it is our bounden duty to interfere and further added "it is also our duty to allow proceeding in the subordinate courts to go on and take the natural course unless there is an exceptional ground for interference", The Court considered that th..Category: Criminal Law | Date: | Hits: 60
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-...... of the appellant but the appointing authority passed the impugned order removing the appellant from his service. The appellant contended that the order was passed in violation of the principle of natural justice, in as much as, the appellant was not given any opportunity for cross-examining th..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....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. ......AD) (1980) 110. ......f judicial quasi judicial power, in the exercise of this power the minimum of an opportunity of being heard not having been allowed to the accused, the order of transfer was in contravention of the natural justice, and this omission made the order of transfer a void order and consequently the or..Category: Criminal Law | Date: | Hits: 294
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 ......Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Judgment April 26, 1979. The ......rity' and as such the application under Article 102 of the Constitution was maintainable. 18. Now, let us examine whether the High Court Division was correct in holding that the broad principle of natural justice was followed in dismissing the appellant from his service. From the judge it appears..Category: Employment/Service Law | Date: | Hits: 130
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 ...... (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......f certiorari is exercised by the High Court Division to issue such writs where the subordinate Tribunals act wholly without jurisdiction or in the excess of it or in. violation of the principles of natural justice or refuse to exercise jurisdiction vested in them or where there is an error apparen..Category: Labour and Industrial Law | Date: | Hits: 106
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. ....... Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the Appellant. 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......77. 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 authority is not bound to accept t..Category: Employment/Service Law | Date: | Hits: 72
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....imply because they are interested witnesses for that will result in a failure of justice, but their evidence is liable to be scrutinised with more care and caution than is necessary in the case of disinterested and unrelated witnesses. An interested witness is one who has a motive for falsely im......ed in: 45 DLR (AD) (1993) 140 ......ed at the time of occurrence but he only escaped. On the basis of this suggestion his presence at the place of occurrence was accepted by the High Court Division. It believed P.W.s 2‑5 to be natural witnesses and did not place reliance on the trial Court. Giving elaborate reasons the High ..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 ...... ......needless to add that for non‑examination of the investigating officer the prosecution case will not fail in every case. 10. The State is correct to point out that P.W.s 2, 3 and 4 are natural witnesses. In this case apart from their general interest to support the prosecution case ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy...... clear constitutional sanction provided in Article 33 (5) a non‑disclosure of fact that was considered to the prejudice of the detenu ought to be regarded as a violation of basic principle of natural justice. 28. We did not find anything in the file that can be termed as non‑..Category: Criminal Law | Date: | Hits: 88
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