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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. ......o win improved wages and working conditions from management. US law distinguishes between primary and secondary labour boycotts. A primary boycott is the refusal of employees to purchase the goods or services of their employers, and a secondary boycott involves an attempt to induce third parties to ..Category: Constitutional Law | Date: | Hits: 248
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......tition No.3181 of 1991). Judgment: M H Rahman CJ: The appellant retired from military service on 29 June, 1983 on completion of about 15 years of active service at the age of about 36 y..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
.... ATM Afzal J.- These two appeals by leave involve mainly consideration of a common question of law, namely, application of section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985), briefly, the Ordinance. Acco......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
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ...... respondent submitted a reply to the charge‑sheet on 14.5.86. Thereafter he was given a second show cause notice dated 12.6.86 asking him to show cause why he shall not be dismissed from the service of the Corporation for corruption and misconduct. He submitted a reply to the second show c..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......Rule absolute and declaring Memo dated 17.12.1990 issued by respondent petitioner No. 2. The Chairman Bangladesh Road Transport Corporation, removing petitioner‑respondent No. 1 from service to be without lawful authority and of no legal effect. 2. Respondent No. 1 who at th..Category: Employment/Service Law | Date: | Hits: 101
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
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 ......ing lecture in the Bandar Institute for the orientation of new employees as part of his job he was summoned by the Chairman of the Port Authority over phone and handed over an order retiring him from service under section 9(2) of the Public Servants (Retirement) Act, 1974 effective from the same dat..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. ......sell the property to the respondent. He, however; admitted that he had decided to leave the country during the days of his mental stress and strain, but explained that when he was reinstated in his service there was no necessity to leave the country by selling away his house, His further case wa..Category: Property Law | Date: | Hits: 69
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....hout giving any notice or hearing to the appellants who have been possessing the property since its release from 31.10.84. The property was never listed under section 5 of the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 and the Court of Settlement has no jurisdiction to entert...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
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. ......s, park, internal roads (some as large as 40 feet wide), shopping centre, Community Centre, Commercial area, etc. How can it be said that the Kartripakkha was offering a better and more comprehensive service within easy access to the appellant's allottees within the layout area? The word 'public int..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....ic works. Mr. Mahmud has also referred to an order of the Additional Deputy Commissioner refusing to release the appellant on bail, which was granted by the High Court Division in this case. From the Supplementary Affidavit of the appellant it appears that the appellant was granted bail by the High ......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 ..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......ssed by the trial Court in which it was stated that the notice to show cause and to maintain status quo upon defendant Nos. 1‑5 had been returned to‑day (i.e. on 28.10.90) after proper service upon them. This order however does not help the appellants as it only shows that the writ ..Category: Civil Law | Date: | Hits: 106
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 ......nbsp; MH Rahman J: The appellant was commissioned on 1 April 1954 in the Army Medical Corps. He got the substantive rank of Colonel on 12 March 1976. On secondment his service was placed at the disposal of the Ministry of Health and Family Planning from 19 April 1974..Category: Constitutional Law | Date: | Hits: 203
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......erstand and comprehend the nature and connection of the two suits. The later suit, as we have already noticed, is an involuntary one thrust upon the appellant because of a technical failure to effect service of summons and notices upon defendant No.5. The filing of the second suit is good enough pun..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ...... of Taka 25.00 per month for a period of 4 years ending in 1976. Subsequently, the tenancy was extended on enhancement of rents till the defendant started defaulting in payment of rents necessitating service of notice under section 106 of the Transfer of Property Act on the defendant on 10 October 1..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......artmental proceeding be drawn up if found fit and proper. In pursuance of the order the plaintiff was reverted to the Corporation as Secretary. On the same day, at the instance of the Minister, his services were terminated under Regulation 12(a) of the Bangladesh Shipping Corporation (Service) R..Category: Employment/Service Law | Date: | Hits: 77
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......reason for cancellation of the sanctioned plan and direction to demolish the building have been given without any statutory basis. 5. The respondents have not entered appearance in spite of service of notice. 6. Heard Mr. Shamsul Haque Siddique, learned Advocate-on-Record for the a..Category: Business or Commercial Law | Date: | Hits: 136
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178....... appreciation of the plaintiffs case (and of the defendants also) the decision will turn only on one question, namely, whether the acquisition of the plaintiffs’ land was illegal for want of proper service of notices as required under the law. Accordingly, leave was granted to consider whether..Category: Property Law | Date: | Hits: 80
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......e total work force to an additional 1110 employees. On 7.12.91 all the writ petitioners were informed by a notice from the Taxes Appellate Tribunal that there was n possibility of continuing their services beyond 14-1-92 (Annexure B). Though their posts were abolished due to abolition of tempora..Category: Constitutional Law | Date: | Hits: 161
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......ether the High Court Division was justified in interfering in revision with a finding of fact made by the trial Court in a proceeding under Order IX rule 13 of the Code of Civil Procedure as to non-service of summons upon the appellant. 2. Respondent No. 1 tiled Title Suit No.5 1 of 1970 ..Category: Procedural Law | Date: | Hits: 133