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Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other laws or rules in force the appellant could only be retired before the age of superannuation by the Government in exercise of its power under section 9(2) of the said Act..Category: Employment/Service Law | Date: | Hits: 79
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......e Code of Criminal Procedure on 22-6-1994 is that the accused could not, in fact, collect the entire amount of money shown in the DCR's as he had to issue those DCR's under pressure without receiving full amount of money and subsequently, he had to make deposit of the entire shortage amount by selli...... collect the entire amount of money shown in the DCR's as he had to issue those DCR's under pressure without receiving full amount of money and subsequently, he had to make deposit of the entire shortage amount by selling of his paternal property. 4. It appears that the Special Judge considerin..Category: Anti-Corruption Laws | Date: | Hits: 90
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......rney signed by my son Ext. 1" 5. The High Court Division in disposing of the review petition on 28.7.85 clearly finds that the notice of the Rule was received by the father of the appellant in his full sense by putting his signature in the return in presence of witnesses. Nothing has been shown t......ent, pronounced as follows:— "It is section 60 of the Registration Act which supplies the answer to the question as to when a document is considered to be registered......In our view, the language of section 60 admits of no doubt that it is the certificate in compliance with the provision of ..Category: Procedural Law | Date: | Hits: 119
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ...... the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder withdrew the money deposited in court as full satisfaction under the decree. This indicates that the decree holder plaintiff did not relinqui......the Court shall be deemed to have refused such interest, and a separate suit thereof shall not lie. 11. It will be seen that sub-section (1) above speaks of separate interest for three different stages which may be awarded by a Court where and in so far as a decree is for the payment of money. Th..Category: Civil Law | Date: | Hits: 113
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......d the Administrative Tribunal cannot give complete justice to the appellant. This seemingly attractive argument does not stand scrutiny for two reasons. Firstly, the Administrative Tribunal has the full power to give complete relief to an applicant and it may even draw a proceeding of contempt aga......ide Dhaka under section 47B of the Industrial Relations Ordinance, 1969 (hereinafter referred to as the I.R.O.), but he was illegally transferred from the Head Office to the Corporation's Regional Manager's Office at Comilla. The appellant challenged that order by instituting I.R.O. Case No.267 of..Category: Labour and Industrial Law | Date: | Hits: 111
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......5(3) (which is a personal notice) along with a copy of the public notice dated 14.12.60 on 23.4.73 and the respondents having failed to file any objection to such acquisition notice, the authority lawfully issued the gazette Notification on 25.6.73 and thus the suit land stood validly acquired. As t......in the Government vide Gazette Notification No. DA-72/71/355,dated 25.6.73. From the office record of the office of Additional Deputy Commissioner (Land Acquisition) it appears vide order sheet at page 20 dated 30.12.60 that the notice under section 5(1 a) and 5(3) was issued to the plaintiffs in ..Category: Property Law | Date: | Hits: 38
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......য়া প্রতীয়মান হয়।” In this view of the matter the trial Court refused the prayer for ad interim injunction. 7. On appeal the learned Additional District Judge gave full consideration to the matter and considered the various correspondences of the Government and fo......plies affirmative action the decisions are not "one shot" determinations but have on going implications. Remedy is both imposed, negotiated or quasi-negotiated. Therefore, what corresponds to the stage of final disposal in an ordinary litigation is only a stage in the proceedings. There is no fo..Category: Civil Law | Date: | Hits: 130
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......83. 3. Plaintiff-respondent contested the miscellaneous case asserting that the summons was duly served upon all the heirs of Danis Ali Molla including the appellant and that the appellant had full knowledge of the proceeding but even then he did not come to contest the suit. The learned Assi......rul Islam, a cousin of the appellant, living in the same house in the absence of the appellant. Nurul Islam deposed that he had handed over the summons to the appellant. In the copy of the Judgment (Page 35 of the Paper book) is written "যাহাকে উভয় পক্ষের সাক্..Category: Procedural Law | Date: | Hits: 88
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ...... Govt. of Pakistan. Extract from Manual of Appointments and Allowances of Gazetted Officers under the Audit of the Accountant General, Bengal, Part I, Eighth Edition (Revised), published by the Manager of Publications, Delhi in 1937. Income-Tax Department. Page 155. Chap. XI. 4. Thereafter ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......puting the period of limitation prescribed for the suit, "the time during which the defendant has been absent from India" has to be excluded under section 13. The words of the section are clear and full effect must be given to its language. The section makes no exception for cases in which the cau......ibed for the suit, "the time during which the defendant has been absent from India" has to be excluded under section 13. The words of the section are clear and full effect must be given to its language. The section makes no exception for cases in which the cause of action arose in a foreign countr..Category: Procedural Law | Date: | Hits: 132
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
.... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ...... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ......these alienations were invalid. The trial Court held in his favour but the appellate Court found that the first alienation under a sale deed was made for repayment of debt, redemption of a mortgage property and for making pilgrimage to a holy place and as such it was for legal necessity. A..Category: Family Law | Date: | Hits: 157
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ...... Within Dacca Collectorate P. S. Ramna, Mouza Ramna S. A. Khatian No. 174 S. A. Plot No. 1162 Nature of land Pucca house, Area .4264 Ajutangsha." 3. The learned Subordinate Judge decreed the suit fully in preliminary form subject to payment of advolorem Court Fee on the valuation of the suit by ...... and 15.2.74. Let us see, briefly, how the plaintiff has stated his case in the plaint with reference to the records of right—C.S. and S.A—and whether defendants have raised an objection at any stage with regard to the correctness of the S. A. record on the basis of which the suit has been insti..Category: Property Law | Date: | Hits: 32
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... is relied upon, then the conviction is justified. But before the evidence of a witness who claims to have seen the incident is relied upon it is the essential duty of the Court to examine it carefully, and scrutinize it thoroughly so as to see whether what the witness has said on oath is true, ......gainst the appellants has not been proved and that their acquittal by the trial Court calls for no interference. 3. The prosecution case centres round the gruesome murder of Siraj Ahmed of village Raichata, P.S. Banshkhali, which took place on 13 July 1983 at about 8 P.M. when he was returnin..Category: Criminal Law | Date: | Hits: 52
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......e excess amount which did not belong to him. If he did otherwise, it must be said that the element of dishonesty had been born in the mind of the accused from that point onward. The dishonesty became full blown when the cashier requested him to return the; excess amount in the evening at the school ......he period already undergone……..(5 & 13) Cases Referred to- Allahabad case 1919 Criminal Law Journal Vol. 20, P. 218, Moynes Vs. Cooper, 1956 Law Reports (Vol. 1) Queens Bench Division, page 439. Lawyer Involved: Jamiruddin Sircar, Advocate instructed by Md. Sajjadul Haque, Advoca..Category: Criminal Law | Date: | Hits: 44
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......e was started on a complaint petition filed before the Upazila Magistrate, Shibganj on 31.8.86. Complainant-respondent alleged that on 26.8.86 the appellants and others trespassed into his land, damaged paddy by ploughing and on protest committed rioting with fala, knife, etc. and injured one Hurm..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ...... Mir Ali Khandakar, a co-sharer in respect of the disputed Plot No. 6, instituted a partition suit on 4.8.1967 against the father of Afzal Hossain. He obtained a final decree in that suit and got full physical possession through Court by a writ of delivery of possession on 29.9.1980. When Afzal ......hat we are going to make we need not examine that question. The learned Counsel for the appellants has repeatedly drawn our attention to the following findings of the High Court Division at pages 34-35 of the paper-book: "There is preponderance of oral evidence on record, by P.Ws. 1, 2, ..Category: Criminal Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127....... the cadre would not have been extended and the respondent would have been reverted to his parent post, the question of reduction in rank would not have arisen. So, in our view the respondent knew it full well that he will remain in office so long as the cadre remain in existence. The affidavit-in-o......ntact subject to the observation aforesaid. So, this decision goes in favour of the respondent and not in aid of the appellant. 10. The learned Deputy Attorney-General drew our attention to a passage in the case of Parshotam Lal Dhingra Vs. Union of India PLD 1958 SC (India) 217 which runs thus:..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......cedure. Facts briefly stated for the disposal of the appeal are that Bangladesh, the Respondent has instituted a suit for recovery of Tk. 1,91,47,500/00 paisa from the defendant-appellants for damage to 5109 metric tons of wheat-carried by them in the ship S.S. Mersk Commander. After the institu..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......al with her case, held that the loss of lien imposed by the employer upon Respondent No.2 was illegal and mala fide and pursuant to such findings, directed her reinstatement in her former post with full back wages and continuity in service. The petitioner having moved the High Court in writ juri...... case, held that the loss of lien imposed by the employer upon Respondent No.2 was illegal and mala fide and pursuant to such findings, directed her reinstatement in her former post with full back wages and continuity in service. The petitioner having moved the High Court in writ jurisdiction ag..Category: Labour and Industrial Law | Date: | Hits: 77
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......la under pre-emption is to be made along with the application for pre-emption or within four months, the order of the learned Judges of the High Court Division allowing pre-preempted so pre-empt in full depositing the balance amount of the consideration within the specified time is in accordance w......ontiguous to the land transferred” all the co-sharer tenants of the holding and all the tenants holding land contiguous to the land transferred shall be made parties. This sub-section in plain language provides that when an application for pre-emption under sub-section (1) is made by one or more c..Category: Property Law | Date: | Hits: 32
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