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M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ...... Judgment August 8, 1977. Result: The appeal is allowed. Principles of Natural Justice In an enquiry held against an employee on the charges framed against him for dismissal from service, the principles of natural justice must be complied with…..(6) The appointing authori..Category: Employment/Service Law | Date: | Hits: 72
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......g the transferee, if one of them, and the tenants holding land contiguous to the land transferred may, within the period referred to in sub‑section (1) or within two months of the date of the service of the notice of the application under clause (b) of sub‑section (3), whichever be ea..Category: Property Law | Date: | Hits: 72
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......dinance, 1969. The Registrar ordered that henceforth there will be two establishments in the Biman taking into account its running along commercial lines and in keeping with the characteristics of services rendered by its employees, namely, (i) Bangladesh Biman Ground Services and (ii) Banglades..Category: Labour and Industrial Law | Date: | Hits: 103
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ...... himself of the opportunity to appear, the Court may proceed in his absence under rule 6(1)(a) of Order IX. There being no mandate as such to make an 'ex parte', decree, the Court may order for fresh service of summons on the defendants or adjourn the matter suo motu. If the Court is satisfied that..Category: Limitation Law | Date: | Hits: 271
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 ......has arisen the Appellate Tribunal further held that as at be relevant time when the respondent was appointed 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 d..Category: Administrative Law | Date: | Hits: 114
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....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 ......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
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
....sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......nstatement upon setting aside the employees order for dismissal. 2. He was a salesman under the respondent in their Dhanmondi shop. On the basis of an audit report he was suspended from his service and a regular charge-sheet was submitted to him asking him to show cause why he should not ..Category: Labour and Industrial Law | Date: | Hits: 79
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......ition for leave to appeal No. 292 of 1991. 2. The petitioner who was a Collector of Customs and Excise at Khulna upon conviction by a Special Martial Law Court was compulsorily retired from service by notification dated 4.8.93 under Rule 4(3) (b) of the Government Servants (Discipline and..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......isposing of CP No. 10 of 1974. Section 23 provides that in case of transfer of pre‑emptible non‑agricultural land the pre‑emptor has to file notices together with process fees for service thereof on all co‑sharer tenants who are not parties to the transfer. Section 24 pro..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
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 ......dhury, a cashier of the appellant-Bank, Bank of Credit and Commerce (Overseas) Ltd., shortly the BCCI and at the relevant time the General Secretary of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 of 1988, the First Labour ..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ....... 2. The Government set up an Inquiry Committee on March 1, 1987. The Committee submitted a report to the Government. On the basis of that report the appellant was compulsorily retired from service under the Public Servants Retirement Act, 1974 by an order of the President of Bangladesh d..Category: Administrative Law | Date: | Hits: 125
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. ......ustoms officers had forced/threatened or coerced him in any manner to write the statement as dictated by them. The respondent was not an ordinary, uninitiated traveler but a member of a sophisticated service in International Flights of the Bangladesh Biman. It was easy for him to reach any superior ..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. ......consideration: 1. Whether the sub-division of a holding under sec 88A of the Bengal Tenancy Act nullifies the right to pre-empt already accrued, 2. What is the effect of non-service of notice under section 88A of the Bengal Tenancy Act on the co-sharer? 3. Wheth..Category: Property Law | Date: | Hits: 60
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....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. ......f the requirement of notice must, therefore, fail. No notice was served on the respondent at either of the two addresses mentioned in the notification, nor any effort was made to effect a substituted service on his last known address. 19. The learned Counsel for the respondent has drawn our atte..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......ars (vide Annexure‑D). The impugned order of the Government superseded the petitioners' claim to be appointed as permanent Muharrars vis‑a‑vis Muharrars, notwithstanding the long service as TC Muharrars. The Petitioner alleged that the impugned order was passed against the rule..Category: Employment/Service Law | Date: | Hits: 66
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ......rit Petition No. 118 of 1989 and refusing to interfere with the ex parte judgment and order of the Labour Court, Chittagong, passed in Complaint Case No. 193 of 1986, re-instating Respondent No. 2 in service. 2. Respondent No. 2, a Senior Accounts Clerk under the appellant, was dismissed from ser..Category: Labour and Industrial Law | Date: | Hits: 103
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......ll, among other things, take the average market value of the land of similar description and with similar advantages in the vicinity "during the twenty‑four months preceding the date of service of notice under section 5(1)(a)" of the Act; but in this case the Arbitrator had taken..Category: Procedural Law | Date: | Hits: 104