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Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......e Arbitrator in the case. The claim was contested by the then Government of East Pakistan contending that the claim was highly inflated; that the Deputy Commissioner awarded a fair and reasonable amount of compensation having regard to the quality of the land, the situation and all other advan..Category: Others | Date: | Hits: 86
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 ......ll of Members. Clause 5 and 6 provide the functions and terms of the Board which read as under; 5. FUNCTIONS OF THE BOARD.-The functions of the Board shall be- (a) to lay down the broad principles to be followed by the Council in the performance of its functions, particularly in ......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 ..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 ......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 ...... order dated November 25, 1976 asking him to officiate as Executive Engineer as a fresh appointment with effect from November 30, 1972 against work-charged post and also directing him to refund the amount overdrawn by him. This order was challenged by a writ petition. The writ petition was conte..Category: Employment/Service Law | Date: | Hits: 77
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......ch a right curtailing owner's right to deal with his property must be construed very strictly. The right is allowed to a claimant in consideration of his necessity and not as a matter of luxury. This principle should always be kept in view while determining the claim of pre-emption. Clause (b) of ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
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. ...... 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 authority is not bou......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. ..Category: Employment/Service Law | Date: | Hits: 72
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 ......ction 50 clearly shows three different expressions have been used in the same statute. The legislature in the same statute has in different context used different expressions. It is a well-accepted principle of interpretation that where different language is used in the same statute different in......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 ..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......r Act. Seen the record also. The offences alleged are all bailable except u/s 379 B.P.C. Considering all the aspects the accused persons are granted bail of Tk. 500/- with two sureties of the like amount each. 3. Against this order the informant filed a revisional application before the Ses..Category: Criminal Law | Date: | Hits: 60
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......ant was in possession after his purchase on 20-8-75. On these unchallenged facts, we come to the first question to see whether the High Court Division has allocated the onus on the parties on right principle. The other grounds of the leave order are dependant on the first facts. The High Court Div......vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....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 ......repealing Act or Regulation had not been passed." 28. In the first mentioned cases, namely, Syed Ahmed Vs. State, the Supreme Court of Pakistan, besides observing that there is no difference in principle between repeal and amendment was considering whether an act is or is not offence is a matt......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 ......terlocutory order which is a step in the procedure that leads to a final decree. It is open on appeal from such final decree to question an interlocutory order. The present Code has recognised the principles set out by the Privy Council with some modification, and there is nothing in the present......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 ..Category: Others | Date: | Hits: 119
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 ......sons 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 propriety when they scrutinize ......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 ..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 ......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 ......uired Estate, Patuakhali had collected Tk. 15,508.52 Paisa as rent taxes, etc. from different tenants by granting 411 rent receipts during the period from 1.10.61 to 9.9.62 but did not deposit the amount to the Government treasury nor did he enter the receipts in the office records and registers..Category: Criminal Law | Date: | Hits: 41
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ...... those five plots been closely connected together holding a compact block of land and had there been no public path between the pre‑emptor's land and the compact block including the tank, the principle of "contiguity" might have been applicable. 4. A similar question came ......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
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 ......gh Court Division's rejection of the application restoration. 11. The Latin expression 'ex parte', meaning from one party or side, has not been defined in Code of Civil Procedure. One of the basic principles of the adversary procedure followed in our court system is that as far as possible, no pr......l circumstances indicating the learned Counsel's total dependence on his clerk because of his illness or such other good reason when a clerk's failure to inform the date of hearing to the Counsel may amount to be a sufficient cause for the Counsel's non‑appearance at the Lime of the hearing. No sp..Category: Limitation Law | Date: | Hits: 271
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ...... the proceedings Wore a Magistrate in which he agrees with the report by the police under section 169 Criminal PC, and the proceedings in remand or bail applications during investigation will not amount to proceedings in or in relation to court." 14. The majority Judgment, how..Category: Criminal Law | Date: | Hits: 40
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 ......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 ......t constituted a Committee of Enquiry. The petitioner appeared before the Committee and gave the same explanation, but the Committee submitted a report holding him guilty of misappropriation of the amount. The respondent, employer, deducted the value of the spoiled goods Tk. 8885/50 and held him ..Category: Labour and Industrial Law | Date: | Hits: 79
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 ......als must have a rational nexus with the order and are not extraneous to the purpose of the Act, and that the alleged activities are to be proximate to the date of order of detention. However, these principles cannot be applied like litmus papers, used as indicators in an acid test. In a p......u since the fall of the Ershad regime and something had to be said to support and save the detention order and therefore the aforesaid fact was alleged in the last affidavit which, now it appears, amounts to catching at a straw. In the so‑called confidential file, it is found that immediat..Category: Criminal Law | Date: | Hits: 88
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 ......2(1) (ii). 40. In an expropriatary legislation where by mere rule of thumb a property eschews to the State, the expropriating authority will be bound by its own stand. Also it is a cardinal principle of interpretation of expropriatary statutes that it should be strictly construed. The sco......unsel for the Corporation, has seriously assailed the High Court Division's view about locus‑standi and has argued that the Corporation having a separate entity of its own and invested a huge amount of money in this enterprise, its interests are directly affected by the High Court Division..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 ......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 ......pondent No. 1 filed Complaint Case No. 19 of 1988 before the First Labour Court, Dhaka on 3.3.88 wherein he averred that charge Nos. 1-4 are past and closed transactions and that these also do not amount to misconduct within the meaning of section 17(3) of the said Act. He also averred that char..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 ......ng known as the Janata Tower was constructed thereon. Out of taka ten crores required for the construction of the building, Taka 3, 50, 00,000.00 was taken from the Uttara Bank as a loan and the same amount was found in his possession in his capacity as a public servant who failed to account for the..Category: Anti-Corruption Laws | Date: | Hits: 302
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