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....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......e. As such the legality or otherwise of the order of transfer of the Respondent No.2 affecting the terms and conditions of his service is exclusively triable by the Administrative Tribunal.
8. Moreover, apart from section 4 of the AdÂministrative Tribunal Act, we must refer to Article 117 of the......f penÂalties or punishments;
(b) the acquisition, administration, manÂagement and disposal of any property vested in or managed by the Government by or under any law, including the operation and management of, and service in any nationalized enterprise or statutory public authority;
(c) any ..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
.... Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and anÂother Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Chandra Ray and another, 11 DLR (1959) 7; Abdul Rouf, 7 DLR 26; Ghuznavi ......efore, held in the cases of Abdul Rouf (7 DLR 26) and Moyenuddin Sarker (unreported till then) that no appeal can lie unless the right has been expressly conferred by statute, and that a Court cannot override an exÂpress provision of law under colour of inherent powÂer." 11. Section 104 of the ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
Chittagong Port AuthoÂrity Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....ilway) Jetties and the lower appellate Court fell into an error of law in decreeing the suit against the appellant. 6. The learned Advocate appearing for the respondents Nos. 1 and 2, on the other hand, submits that the evidence shows that the consignment were landed both under mark and under nil...... law which can be raised even at the last Court of appeal. It is well settled principle of law that a question of law can be raised even in the Court of last resort even though not raised before. Moreover the following observation of their Lordships in Trustees of Chittagong Port Vs. Sadharan Bima, ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....l legal flaw passed the impugned judgment an as such, the judgment is liable to be set aside. 7. Mr. Emdadul Hoque Azad, learned Advocate for the plaintiff landlord opposite party, on the other hand, submits that the notice was issued on 23-6-1993 which was received by the defendant on 4-7-199...... and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property belonged t......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..Category: Property Law | Date: | Hits: 101
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....ly be said to be an offence of culpable homicide not amounting to murder and in that view of the matter the appellant could at best be charged under section 304 of the Penal Code. 9. On the other hand, Mrs. Syeda Rabia Begum, learned Assistant Attorney General appearing for the State, submits th......ithout jurisdiction. He also pointed out some other discrepancies in the evidence of prosecution witnesses and referring to those, submits that those are major contradictions which cast serious doubt over the prosecution case and as such the appellant is entitled to be acquitted on benefit of doubt.......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....eals have arisen out of same judgment and order and have been heard together, these are being disposed of by one judgment. 2. Facts leading to these appeals, in brief, are that the informant Arun Chandra Saha (P.W.1) lodged an ejahar with Gajaria police station on 30.8.1993 alleging inter alia th......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
.... Ltd.
(2) AIR 1960 (Bomb.)61, Smt. Khatizabai Mohorned Ibrahim Vs. Controller of Estate Duty, Bombay.
(3) AIR 1953 (SC) 242, State of Bombay Vs. Pandurang Vinayak and others.
7. On the other hand, the learned Attorney-General submits that the Chairman and Members of the Union Parishads do n......
High Court Division
(Special Original Jurisdiction)
Present:
Mohammad Abdur Rouf J
Badrul IsÂlam Chowdhury J
Abdul Mannan Khan.............................Petitioner
Vs.
Government of the PeoÂple's Republic of BanglaÂdesh & others...............Respondents
Judgm......cts are—A shareÂholder questioned constitutionality of Sholapur SpinÂning and Weaving Company (Emergency Provision) Act, 1950, which was made for taking over its manÂagement on the grounds of mismanagement, in the light of Article 14 of the Constitution of India, statÂing that it is a piece of..
Category: Election Law | Date: | Hits: 391
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....itioners Vs. Bangladesh and others……………..Respondents Judgment October 6, 2010. Result: All the Rules are discharged. Lawyers Involved: Sheikh Fazle Noor Taposh with Khandaker Rezad-Raquib, Immamul Kabir, Mejbahur Rahman, Advocotes – For the Petitioners. (In all th......itioners moved this Division under Article 102 of the Constitution and obtained the Rules. 5. In all these petitions a common ground has been taken by the petitioners that without approval of the government i.e. sanction of the government FIR was lodged against the petitioners in violation of the......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..Category: Criminal Law | Date: | Hits: 107
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....he land of deeds of sale and came to a wrong finding and as such committed error of law. 10. Mr. Syed Amirul Islam, learned Senior Advocate appearing on behalf of respondent Nos.1-2, on the other hand, supports the impugned judgment. 11. We have considered the submissions of the learned Seni......Srimoti Sudhamoni by a registered deed dated 23.01.1947. After that, Sudhamoni transferred her share in favour of Ahmed Hossain and Nur Mohammad by a registered deed dated 01.05.1950. Meanwhile, the Government acquired 7 decimals of land from suit plot No.78 pursuant to L.A. Case No.13/1967-1968 for......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....and could be created by dakhila and in the event of any dispute, the person who took settlement on the basis of dakhila was required to prove the dakhila in accordance with law. 9. In the case in hand, the plaintiffs having failed to prove the dakhila in accordance with law, failed to prove thei......ing the suit land from Brojendra Nath by a registered deed dated 08.07.1946. After acquisition of the suit land, he had been possessing the same by paying rent to the ex-landlord and the then to the Government. Part of the suit land was wrongly recorded in the name of the plaintiff’s husband. One ......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
.... all disputed questions of facts the resolution which are the possible under the writ jurisdiction. 10. Mr. M. I. Farooqui, learned Senior Advocate appearing on behalf of respondent, on the other hand, supports the impugned judgment. 11. We have considered the submissions of the learned Atto......(Civil) Present: Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Government of Bangladesh and others…………......Appellants Vs. Mrs. Rana Awan…………â......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 121
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....nd after having water, he died. In cross examination P.W.2 stated that his father had died before they could call the doctor. He (P.W.2) informed the occurrence to the local police station in his own hand writing. The appellant’s father Mohammad Ali was cousin brother of his mother. P.W.3 Shonabha......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....On 23-1-2011 the accused-petitioner called him to his office and he informed the matter to RAB-7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recor......-2011 the accused-petitioner called him to his office and he informed the matter to RAB-7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recorded in ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..Category: Criminal Law | Date: | Hits: 111
....on before filing the written statement in the suit. In support of this submission he relied on the case of Ismat Zerin Khan Vs. World Bank reported in 11 MLR (AD) 58 = 58 DLR (AD) 1.
On the other hand Mr. AQM Safiullah with Mohammad Ali Jinnah, learned Advocates appearing on behalf of defendant ......omoted to the post of Executive vice-president of the Bank on 23-2-1992. The Bank on 27-11-1993 leveled a charge sheet against the appellant bringing allegation of gross misconduct for allowing clean overdrafts in current accounts in excess of his power and for allowing clean drawings in different S......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
..
Category: Employment/Service Law | Date: | Hits: 175
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....m in the war of liberaÂtion. Mrs. Nurunnahar Begum, the wife of the acÂcused in her petition Ext.6 dated 25.1.86 to the Managing Director, Shilpa Bank, however, had statÂed that her husband's left hand was amputated in the hospital after an accident. It was further stated that the accused never m...... mentioned in the schedule were mortgaged. The Managing Director of the said M/S Decent Oil Mills Ltd. executed the credit agreement, D.P. notes agreements creating mortgage and hypothecation, irÂrecoverable general power of attorney in favour of the bank, mortgaging assets and machineries of the c......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....ds and the evidence given by the D.Ws. themÂselves would show that the disputed document was not executed on 9.2.79. Mr. Matiar Rahman Khan, the learned Advocate for the opposite party, on the other hand, submits that although there has been no discussion of the oral evidence by either of the Court......r the disputed kabala on receipt of the balance amount of Tk.1000/- on 9.2.79 correÂsponding to 26th Magh, 1385 B.S. at Barguna. But as the time for presentation of the document for registration was over the document could not be regisÂtered. On the following day the executants fell ill and as suc......d cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....vil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR 282; 22 DLR 56; Lawyers Involved: Gi......rail P.S. Motijheel, Dhaka of which house Dr. Suraiya Hossain is a tenant and Mrs. Taherunnessa is the landlady and these cases having arisen between the same parties, concerning the same properties, over the same fact and issues, they are disposed of by this one judgÂment. 4. Facts gathered fro......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...Category: Property Law | Date: | Hits: 88
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....nd the learned Additional District Judge has concurred with the learned Munsif on the findings arrived at by him. Mr. M.A. Gafur, the learned Advocate appearing for the opposite parÂty, on the other hand, has placed before me the deciÂsion in the case of Girijanandini Devi Vs. Bijendra Narain Chow......side. 2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants peÂtitioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which is part and parcel of the 1st Schedule la......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
.... findings and decisions arrived at by the Courts below cannot be sustained in law and the Rule should be made absolute. 8. Mr. Azizul Huq, the learned Advocate for the opposite party, on the other hand, contends that admittedly the original owner of the property was late Abdul Jalil who left the ...... records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....e learned Sessions Judge will be necessary for further investigation of the cages. 6. Mr. Khondker Mahbub Hossain, the learned Advocate appearing on behalf of the opposite party No.2, on the other hand, submits that these petitions filed by the petitioner are incompetent as he is hot aggrieved by......eading to Criminal Revision No.1127 of 1994 is that on 16.4.93 accusedÂ-petitioner as informant lodged First Information Report with Tungibari Police Station against 33 accused persons alleging that over election of two teachers representatives of a local High School there was a tension prevailing ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
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