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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 ......members or until the reconstitution of the Board, whichever be later, and shall be eligible for re-nomination for a like term. (2) Where a person becomes a member by reason of any office or appointment that he holds, his membership of the Board shall terminate when he ceases to hold that ..Category: Employment/Service Law | Date: | Hits: 130
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 ......t was appointed as Assistant Engineer in East Pakistan Railway on July 20, 1963 on a temporary basis and his service was regularised by an order dated February 24, 1971 with effect from his date of appointment. He was promoted to the post of Executive Engineer/Divisional Engineer with effect from ..Category: Employment/Service Law | Date: | Hits: 77
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 ......ce has been divided into 12 Chapters and consists of 105 sections. Chapter I deals with title, extent and commencement of enactment, definition clause and other preliminaries, Chapter II relates to appointment of the Administrator of Waqf, Officers and Staff and Constitution of Committee, Chapter ..Category: Trust/Waqf Law | Date: | Hits: 196
Coal Controller, Government 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 ......93, discharging the Rule. 2. Respondent Ventura Industries Ltd, filed an application under Section 8 of the Arbitration Act, 1940 before the 3rd Court of Subordinate Judge, Dhaka praying for appointment of an Arbitrator by the Court on the ground that in respect of supply of certain quanti..Category: Others | Date: | Hits: 90
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....he conviction was based on a confessional statement of a co-accused only. The Additional District Magistrate did not discuss the evidence of any of the prosecution witnesses in order to come to his independent finding, but he simply accepted the finding of the trial Court. As to the Judgment of ......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 ..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 ......evision No. 1126 of 1974, setting aside the order of the District Judge, Noakhali in Miscellaneous Appeal No. 120 of 1974 affirming the order of the Subordinate fudge, Noakhali, refusing to recall appointment of receiver in Other Class Suit No. 137 of 1974. 2. Short facts necessary for th..Category: Civil Law | Date: | Hits: 112
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
.... not place reliance on the trial Court. Giving elaborate reasons the High Court Division did not find P.W. 8 to be a reliable corroborative witness. Then it held, "although corroboration from independent witnesses is not necessary in the facts and circumstances of this case, as an extreme c......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....d of the investigation that led to the submissions of two charge‑sheets, a very unusual event on the self‑same occurrence. The investigating officer ought to have ascertained the facts independently and submitted charge‑sheet if at all in one case only, leaving the other party,......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ......r non-prosecution on 19.3.92, the order of cancellation of dealership came into effect from 29.8.91 and if respondent No. 5 had been continuing as a dealer he would be taken to be doing so without appointment by the Government. 7. Leave was granted to appellant's submission that upon obta..Category: Election Law | Date: | Hits: 106
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 ......d the Chief Conservator of Forests was the appointing authority, he cannot be removed from service by an order of the Conservator of Forests on the strength of a circular subsequent to the date of appointment. 3. The Government's case is that the Circular dated 4.6.81 was passed, in super..Category: Administrative Law | Date: | Hits: 114
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
.... Industries and Natural Resources was also authorised by the Acting President to take over the management of any industrial or commercial concern. This Order is therefore, neither a separate nor an independent Order. The Order dated 26 December 1971, with the amendment, remained in force till 3 J......t of the People's Republic of Bangladesh hereby authorise the Ministry of Commerce to take over the management of, and operate those concerns, firms and companies either directly or through the appointment of administrators or otherwise, and generally conduct all ancillary matters and to car..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....fter the occurrence to these witnesses as sufficient corroboration of the evidence of rape. But truely speaking, this is no corroboration in the eye of law. Corroboration in such a case must be by independent evidence, that is to say, by some additional evidence either direct or circumstantial o...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..Category: Criminal Law | Date: | Hits: 66
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......prior approval. He also draws our attention to section 5(3) of the Act and submits that remaining absent beyond the period of leave originally granted is attended with loss of lien to the worker's appointment unless he returns within 10 days of the expiry of his leave and explains to the satisfa..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....ing any opportunity to the petitioner to be heard. The Election Commission, apart from the admitted contradictory reports of the Presiding Officer, got an enquiry held by the Deputy Commissioner. But independent of the question of the Deputy Commissioner's report, which is not necessary in the matte......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......SDO (South), Dhaka for drawing up a proceeding under section 144 Cr.P.C. against deceased defendant No. 1. It arose, according to her, for the first time on 7.3.79 when the order of attachment and appointment of receiver was made. Whether this open invocation of the order of attachment and appoi..Category: Property Law | Date: | Hits: 81
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
.... to exercise may take step as required in the circumstances of the case. Because of the transfer by the vendor to the respondent, a right accrued to him in respect of the holding and such right is independent of the right of the vendor and such right cannot be extinguished except under process o......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
.... as rent from that building with which she with 4 children could well maintain themselves. 4. The learned Magistrate found upon the evidence aduced in the case that Hamida Begum had her own independent income and that it was possible for her to construct the house with her independent in......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......so. and that as such its inclusion in the first schedule of the Constitution of the People’s Republic of Bangladesh was also of no avail. Learned Counsel challenged the validity of the appointment of the President who promulgated the Collaborators Order, namely Mr Justice Abu Sayeed ..Category: Criminal Law | Date: | Hits: 53
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
.... the prayer. The learned Additional Additional-General who appeared for the respondent, now Government of Bangladesh, contended that the very fact that the second defendant filed an independent petition and instead of praying for stay thereof pending a decision on the first defend......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....ities. He lobbied actively to dissuade the Muslim countries from giving recognition to Bangladesh. In 1972 he organised a campaign throughout Pakistan so that Bangladesh might not be recognised as an independent State. In the same year he attended an Islamic Youth Conference in Riyadh where he made ......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
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