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Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......y RAJUK. Amongst others 40(h) provides for the formation, retention or enlargement of open spaces. The High Court Division after considering these provisions held that it was clear that it was the duty of RAJUK to provide for park, open spaces, play grounds or similar amenities for improvement s..Category: Property Law | Date: | Hits: 56
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ......nformation report or GD entry to the police station. 3. The case of the Customs Department as stated in Annexure “G” in the writ petition briefly was this. While on duty near the bridge on the Bishwa Road near Kanchpur a team of Customs Intelligence found a truck ..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ......aintiff in the plaint. During the later part of 1984 before examination of plaintiffs witness the defendant with the leave of the court examined himself as DW 1 on the ground of his going abroad on duty and the plaintiff also cross examined him. The defendant proved his kabala in support of his ..Category: Property Law | Date: | Hits: 58
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ......d 6-6-1996 passed by the Government is void, illegal and without lawful authority and that the period of absence from service of the respondent from 1-10- 82 to 5-6-96 shall be treated as spent on duty and he is entitled to all arrear pay and other allowances. The case of the respondent-applican..Category: Administrative Law | Date: | Hits: 117
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....Factories Act, 1965 and the Shops and Establishments Act, 1965. Pursuant to the settlement the petitioner framed the Rules dated 1.12-1973 wherein the rate of the overtime payment of the workers in excess of normal working hours of 48 hours in a week was fixed as per provisions of Factories Act, ......ation. The petitioners are dismissed by this judgment. Ed. This Case is also Reported in: 53 DLR (AD) (2001)28. ..Category: Labour and Industrial Law | Date: | Hits: 128
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
.... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ......of administration ought not to be granted in his Court. Explanation.‑"Contention" means the appearance of any one in person, or by his recognized agem, or by a pleader duty appointed to act on his behalf, to oppose the proceeding". 5. Interpreting the..Category: Property Law | Date: | Hits: 67
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ...... leave on 15.6.77, 31.7.77, 2.9.77 and 30.9.77 annexing medical certificates. In the meanwhile his father died and his ancestral home in Jessore District was devastated by cyclone. He reported for duty on 1.10.77 but came to learn that by the order dated 25.4.77 he had been discharged from Gover..Category: Property Law | Date: | Hits: 124
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....d against him. The learned Advocate further contended that without any finding that the enquiry officer acted unfairly and against the principle of natural justice, the Appellate Tribunal acted in excess of its jurisdiction in holding that the respondent No.1 was not given any opportunity to def...... Mr. Sarker Alauddin, an Upper Division Clerk of the Central Office T & T Board. Dhaka in filthy language, (ii) that on 20.2.1988 at about 10‑30 AM he assaulted Mr. Sarker Alauddin TCM on duty inside Ramna 240 tons Air Condition Plant, (iii) that on 24.4.1988 at about 1‑45 PM he a..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......nd a Staff of the former Civil Aviation Department which was duly reported to the Chairman without any result. On the 19th February, 1987 they again started assaulting some deputationist officials on duty which incident infuriated the deputationists who went on a strike which continued upto the 24th..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......ough made in a different context: "The Judges of the High Court and of this Court are under a solemn oath to "preserve, protect and defend the Constitution" and in the performance of this onerous duty they may be constrained to pass upon the actions of other authorities of the state within the l..Category: Constitutional Law | Date: | Hits: 248
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......er Without giving them any opportunity to explain their position. The allegation against the Public Prosecutor is totally baseless, he further contends. Mr. Wahidullah also contends that it is the duty of' a State Lawyer to Oppose transfer of a criminal case pending for a long time, and in which..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......atisfaction of the detaining authority that it was necessary to order his detention, he was required to file representation". The learned Judges were entirely wrong in taking the view that it was the duty of the Government to furnish the detenu with relevant portion of the intelligence report which ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......he relevant part of the agreement (Ext.2), he has argued that even if the appellant had not obtained the necessary income‑tax and gain‑tax clearance certificates it was the respondent's duty to deposit the balance in Court before filing the suit. The relevant term of the agreement is ..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......a certified copy of a sale‑deed does not, however, warrant the presumption of due execution of the original document. A party producing secondary evidence of a document is not relieved of the duty of proving the execution of the original. Even in a case where a document is exhibited without..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......fitable, to begin with, to quote the following from the case of Nawazish Ali Khan vs. Ali Raza Khan, AIR 1948 PC 134, which is as follows: "In dealing with a gift under Muslim Law, the first duty of the Court is to construe the gift. If it is a gift of the corpus, then any condition which d..Category: Property Law | Date: | Hits: 146
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
.... bills of lading containing that all terms, conditions, etc. of the Charter Party dated as overleaf, are herewith incorporated, has no application. If defendant No.6 has exercised its authority in excess of or in violation of Clause is of the Charter Party Agreement then it is a matter between t......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......d when the layout plan was approved on 27.2.83, there was nothing to prevent respondent No. 2 for giving a proposal for acquisition of land for extension of the Uttara township which is its statutory duty. The learned Additional Attorney‑General strenuously argued that the appellant's plea of prom..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ...... he placed some documents. 3. Allotment, lifting and distribution of the CI sheets are not disputed; but appellant's contention is that he did not distribute the CI sheets, nor was it his official duty to do so. He contends he came into the picture only because the Government requested him to be ..Category: Criminal Law | Date: | Hits: 76
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......ance of a power derived from a common law, or, prerogative, rather than a statutory source, and a minister acting under a prerogative power might, depending on its subject matter, be under the same duty to act fairly as in the case of an action under a statutory power. He has draw" our atten..Category: Constitutional Law | Date: | Hits: 203