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Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......tion the respondent stated, inter alia, that he worked from 19.1.1980 to 31.3.1981 in the National Laboratories and his act could not be termed as unlawful one, the working hours being outside his duty hours in the Council. 3. In his report dated 24th August, 1985 the enquiry officer stat..Category: Employment/Service Law | Date: | Hits: 125
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......ot; 14. The plaintiff-respondents obtained a decree in their favour in the trial Court. In the first appellate Court, the plaintiffs were respondents. Their engaged lawyer had the duty to support the judgment of the trial Court in full, not to make a concession on the plaintiff..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......thappa Chetti and others Vs. Thayyanayaki Ammal, AIR (29) 1942 Madras 698 wherein it has been held that the report of the revenue inspector is the report of an officer made in the discharge of his duty and it has to be presumed what that he stated therein was true Mr. Hoq also referred to anothe..Category: Civil Law | Date: | Hits: 99
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......€‘nigh impossible or highly inconvenient to throw any light on such a matter. However, by invoking the provision of section 105 or 106 of the Evidence Act the prosecution cannot relieve itself of its duty of discharging its general burden of proving its case beyond reasonable doubt. It is true that ..Category: Criminal Law | Date: | Hits: 49
Sree Kalyan Kumar Chowdhury Vs. The State, 1988, 17 CLC (AD)
....al is allowed. The apÂpellant shall remain on the same bail, granted by this Court on 31.3.1988, till the commencement of the trial, if any. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 290......t on 24.2.87 at about 5.15 P.M. some persons, not named in the F.I.R., being armed with rifles, hand-grenades and other weapons attacked Guradaspur Police Station and after overpowering the police on duty looted away some arms and ammunition from there. 2. It is stated by the appellant that in sp..Category: Criminal Law | Date: | Hits: 53
Saidur Rahman alias Chan Miah & Ors Vs. The State, 1988, 17 CLC (AD)
....nvicÂtion and obtained an order of interim bail. It is true that the Sessions Judge was not competent to grant such bail under section 426 of the Code of Criminal Procedure since the sentence was in excess of one year. The order was, therefore, illegal but the fact reÂmains that the appellants sub...... the. High Court Division, Dhaka for disposal in accordance with law. Appellants are to pray for fresh bail to the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 281 ..Category: Criminal Law | Date: | Hits: 97
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....ill conÂtinue on the bail and realisation of the fine will reÂmain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ...... High Court Division is not contemplated in law, in this case, in section 426, Criminal Procedure Code. The learned Counsel contends that reÂalisation of fine by execution of the sentence is not the duty of the appellate court and that specific proÂvision has been made in the Code of Criminal Proc..Category: Criminal Law | Date: | Hits: 56
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ......ervisor, was charged with the missing of two bales of cotton yarn from a godown of which he was in charge, that he worked directly under a Store-officer, that six security guards gave round the clock duty by rotation, that the missing of two bales of yarn took place during a period 16 days when one ..Category: Employment/Service Law | Date: | Hits: 112
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....er No. 1 Again it is mentioned “a series of allegations of corruption, misappropriation and nepotism were brought against him". In paragraph 19(a) it is stated "thus the petitioner No. 1 created an excess expenditure of Tk. 1, 33,282/- per month and thereby created burden to the financial position......It seems clear to their lordships that it is a most serious charge to allege that the council, entrusted with these very important duties, perÂsistently makes default in the performance of any duty or duties imposed on it. No authority is required to support the view that in such cirÂcumst..Category: Election Law | Date: | Hits: 118
Category: Business or Commercial Law | Date: | Hits: 95
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......e plaint is for a simple declaration that the order of dismissal is illegal; there is no prayer for any consequential relief, such as, he is still in service or a direction to allow him to resume his duty, etc. Mr. Asrarul Hossain has further contended that the suit is not maintainable as the respon..Category: Labour and Industrial Law | Date: | Hits: 122
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......d another, 33 I. A. 60 wherein at page 65 it is observed: "The registration is a solemn act, to be performed in the presence of the compeÂtent official appointed to act as registrar, whose duty it is to attend the parties during the registration and see that the proper persons are prese..Category: Procedural Law | Date: | Hits: 115
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
.... for this appeal at Tk. 17,250/- by adding 15% of Tk. 15,000/- relying upon section 35A which provides for exceeding this limit in cases involving higher valuation of the suit. The appellant paid the excess amount of Tk. 2,250/-with objection which was rejected by the Taxing-officer and ultimately b......he re-enacted provision. In support of this contention he has cited a decision of the Indian Supreme Court in the case of State of Punjab vs. Sukdev Sarup Gupta, AIR 1970 SC 1641. In that case excise duty was leviable on medicinal or toilet preparations under the Punjab Excise Act, 914. Thereafter c..Category: Procedural Law | Date: | Hits: 124
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......police immediately after the incident indicates their bias towards the villagers as against the notorious bad characters. When the matter of alleged murders by burying alive was reported it was the duty of the police to recover the dead bodies by all means. Their failure to do so on flimsy ground..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......lly mentioned that "the seniority of a new entrant in a grade shall follow the order of merit irrespective of their joining dates within 30 days time limit from the date of issue of Order for joining duty". As the respondents joined within the time limit of 7 days in terms of their appointment lette..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......in touch and go manner need not detain the court for speculating the motive of murder if otherwise the murder is proved by evidence and responsibility of it is proved beyond all reasonable doubt, the duty of the prosecution ends there. 35. It is reassuring to note the learned Sessions Judge when ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......industrial dispute which is the subject matter of decision by the Industrial Tribunal a petition for writ of mandamus was filed against the Government alleging malafide "it was the duty of the High Court to accord a hearing to the parties after issuing notice to..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....e facts the rent of the fishery is revised & fixed at Tk. 1,08,000/00 (72.000/- + 36.000/-) annually instead of Tk. 1,20,000/00 (80,000/- + 40,000/-) for the period from 1389 to 1394 B.S. The excess amount of Tk. 12,000/00 already deposited by you for the year 1389 B.S, is adjusted towards t......orce the obligation when flowing from contract. The Court observed: "In the initial case, it has been shown by respondent No. 1 that there is any statute rule having the force of law which casts a duty on respondents 2 to 4 which they failed to perform. All that is sought to be enforced as an obl..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ...... No. 2 looked after this proÂperty, that he paid rent and cesses for the land as an officer of the Company. He, in his evidence, as P, W. 1, admitted that as an officer of the Company. It was his duty to look after the company's property and to protect its interests. His two colleagues, P.Ws. 2 ..Category: Others | Date: | Hits: 104