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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. ......e of the offence has been taken by the Court duly empowered, on the said police report. It also follows that when a Government servant is involved in commission of some offence in the course of his duty prior sanction of the Government to prosecute him before submission of charge-sheet or taki..Category: Criminal Law | Date: | Hits: 58
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 ......65 and thereafter he was promoted to the post of Senior Technician on September 10, 1968. After liberation of Bangladesh the appellant returned from Pakistan and reported to the relevant Ministry for duty and the Ministry after accepting his joining report sent him to the Bangladesh Council of Scien..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 ......igher training. When the appellant was undergoing training in West Germany his special pay was stopped by an order dated May, 1976; and on return after completion of his training when he reported for duty, he received an order dated November 25, 1976 asking him to officiate as Executive Engineer as ..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 interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......ring on behalf of the appellant has submitted that an order of punishment can not be effective from the date of suspension because during the period of suspension the officer is considered to be on duty with the only exception that he does not discharge his normal functions. The retrospective ..Category: Employment/Service Law | Date: | Hits: 72
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....writ jurisdiction. The jurisdiction in the nature of 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 jurisdictio......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
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 ......hall be enrolled within three months from the date of the commencement of the Ordinance and Waqf created after that date, with in three months of the creation of the Waqf. Section 48 prescribes the duty of the Administrator to maintain a register of Waqf which shall contain the particulars conta..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....pecial Tribunal, particularly, in so far as it did not have any retrospective operation on the pending cases………………….(31) per Fazle Munim, J. The High Court Division acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subo......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......d delay, and on the other, inflict upon his opponent similar calamities. We believe that there have been very many cases before this Tribunal in which their Lordships have deemed it to be their duty to correct erroneous interlocutory orders, though not brought under their consideration until..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....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 ......criminal cases. Same is the case with the Additional District Magistrate who heard and disposed of the appeal. Both the Judgments simply show that "the thief was caught by the police on patrol duty with a stolen property namely, a shallow tube-well machine and that he confessed his guilt the..Category: Criminal Law | Date: | Hits: 44
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....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 ...... difficulty of obtaining persons to testify against the accused other than those who are in ties of relationship with the complainant or have personal animus against the accused. The Courts whose duty it is to adopt careful principles for the safe dispensation of justice act with perfect propr..Category: Criminal Law | Date: | Hits: 60
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 ......ten and signed by the respondent but the fact remains that Tk. 214.40 was realized against the said dakhila. It is in evidence that the respondent was in overall charge of the Tahsil and it was his duty to collect all of the realization made by him and the Assistant Talisilders, enter the amount..Category: Criminal Law | Date: | Hits: 41
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....d power. 6. The Corporation did not ask for fresh inquiry. The Appellate Tribunal gratuitously granted a relief not asked for and in doing so it acted in excess of its jurisdiction. A power to remand or to direct fresh or further inquiry is to be speci......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ..Category: Administrative Law | Date: | Hits: 100
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... 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 ...... police all by herself is suspicious, Further, she stated that thana was known to her from before and soon after the occurrence she went to Mirpur Police Station and narrated the occurrence to the duty officer P.W. 2 and thereafter the accused persons were arrested on being pointed out by her to..Category: Criminal Law | Date: | Hits: 66
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....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. ......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
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......fterwards to assert my tide to the land on which he had expended money on the supposition that the land was his own. It considers that when I saw the mistake into which he had fallen, it was my duty to be active and to state my adverse title; and that it would be dishonest of me to remain wi..Category: Property Law | Date: | Hits: 80
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 ...... of him. In granting temporary injunctions in cases of this nature the trial Court must take care to see whether the plaintiff has made out an exceptional case for interference, for it is also the duty of the civil Coo not to embarrass a Criminal Court, if it can. 30. These observations, ..Category: Property Law | Date: | Hits: 81
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......re was no valid reason for thinking that the customs officers falsely implicated the respondent in a pre‑planned manner out of any motive as suggested by the defence. They were doing their official duty in a routine manner. P.Ws.1 and 2 stated that the respondent himself placed his baggages at the..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....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. ......on his vendor or any other contingency, such as mutation of name in the landlord's Sherista. So a notice to the vendor of such a co-sharer purchaser cannot absolve the appellant from the duty cast upon him for service, of notice under section 26C of the Bengal Tenancy Act. This ri..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
..... 5 The High Court took the view that the order of the Magistrate was vitiated by reason of the following defects:— (1) that the total amount of maintenance awarded was in excess of the total of Rs.400/- allowable by section 488 of the Criminal Procedure Code. ; ......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
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....408 of the Code from an order passed by a Magistrate, First class under section 12 of the East Pakistan Building Construction Act (Act II of 1953), which empowers the Magistrate to impose a fine in excess of the limit prescribed for a Magistrate, First Class, under the Code. It was noted by the ...... to the learned Attorney-General the Sub-divisional Magistrate, who is required to pass orders detention under article 13 of P O. 50 ring the investigation stage, performs merely an administrative duty and does not function as a Court and hence his order under that article is not subject to the ..Category: Criminal Law | Date: | Hits: 125