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State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....or tribunal being a vested right cannot be taken away……………………(55) Transfer of the present case from Special Tribunal to Martial Law Court not being in accordance with law is illegal High Court is competent to examine the legality of the Martial Law Courts judgement………â€......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....urÂther prolongation of the prosecution would amount to harassment to an inÂnocent person, that is, abuse of the process of the Court. There might also be cases where it appears that there is a legal bar against the institution or continuance of the proceedings, the High Court would be jus......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disÂposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....Acquisition Act, 1894, and Mr. Khan says that this section is available. We think, it is not permissible to extend the meaning of an expression which has no logical bearing with the question, nor any legal rule to support. It is to be noted that since there was a lack of provision as to trial proc......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 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ave is directed against the judgment and order dated February 27, 1978 passed by the High Court Division in Writ Petition No. 630 of 1977. 2. The appellant by filing the Writ petiÂtion challenged legality of the order dated August 22, 1978 passed by respondent No. 1 dismissing him from service o...... Nabi also referred to the provisions of the BanglaÂdesh Council of Scientific Research Ordinance, 1978 (Ordinance No. V of 1978) which came into force on February 2, 1978. This OrdinaÂnce provides status of a statutory body to the Council. Mr. Nabi submitted that section 29 of the Ordinance clear..Category: Employment/Service Law | Date: | Hits: 130
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....ct for removing the Chairman is ultra virus. The impugned resolution was passed without any lawful authority and the order passed by the prescribed authority in consequence of the resolution is of no legal effect……….(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed b...... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....explanation his case would be disposed of without holding any inquiry and on consiÂderation of his explanation. 6. For maintaining an application under Article 102 of the Constitution challenging legality of the order of dismissal, the aggrievÂed person must show that the employer is an 'author......978 dismissing the apÂpellant 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
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....onstituted under the Special Powers Act is not a court subordinate to the High Court and as also the Special Powers Act does not confer upon the High Court DiviÂsion any jurisdiction to question the legality or propriety of any proceedings before the Special Tribunal, the High Court Division has th......ne the legality of any proceeding pending before a Court not subordinate to it. In this context I like to observe that a Tribunal or Court specially created under a Special statute, does not have the status of a "Criminal Court" as contemplated under the Code of Criminal Procedure unless so provided..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....on 561A Cr.P.C. with the result as stated above. On their leave‑petition, leave was granted by us to consider whether the conviction of the appellants was void on the ground that there was no legal evidence to support it, particularly when the confession was allegedly exculpatory in nature......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....sif with modification to the effect allowing pre‑emption in favour of the pre-emptor-respondents 1-6 and refusing pre‑emption in respect of the pre-emptor-respondents 7-9. The heirs and legal representatives of deceased Chand Mia obtained leave from this Division contending that the r......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
.... the absence of any boundary wall in between the two plots defendant No. 1, enlisting the collusive support of defendant No. 2, a tenant under the plaintiff in the southern portion of plot No. 799, illegally encroached upon the aforesaid Schedule 1 (Ka) land and had excavated foundation of a pucca w......pondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction over the land in dispute. 2. Re..Category: Property Law | Date: | Hits: 66
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....l by the learned Member, Appellate Tribunal in Tribunal Appeal No. 302 of 1977 on 27.12.1977. 2. The four respondents filed Writ Petition No. 163 of 1978 as petitioners challenging the legality of the order of conviction and sentence passed on them. 3. The prosecution case, i......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ..Category: Criminal Law | Date: | Hits: 48
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
..... It appears to us that the Courts below consider the non‑filing of written statement by the defendant after obtaining several adjournments absolved the Court from the responsibility to examine the legality of the claim of the plaintiff." 7. These observations made with regard to a suit file......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 ..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 compulsory retirement. The Administrative Appellate Tribunal affirmed the order of the Tribunal by finding that the Circular dated June 4, 1981 was not issued by President and as such it had no legal effect. In matter from which CA No. 32 of 1993 has arisen the Appellate Tribunal further held...... appointment, when the constitutional guarantee under Art. 311 (1) becomes available; (b) that delegation of the powers to make a particular appointment does not enhance or improve the hierarchical status of the delegate; (c) that the subsequent authorisation made in favour of the authority pass..Category: Administrative Law | Date: | Hits: 114
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
.... void and without jurisdiction, inter alia, on the ground that the CMLA was not competent under the Rules to pass the order of compulsory retirement. The Appellate Tribunal, however, held that the legal dispensation under which the CMLA was running the country and the administration provided unl......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 ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....oppressive and terrorist activities the detenu was suspended from the post of Chairman of Kotwalipara Upazila. So that nobody dares raise any objection against him, the detenu organised an armed illegal bahini known as the Special Army and that bahini is still existing. The detenu's terrorising ......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
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....he enterprise were not available to control and manage it. Respondents made representation to the Government saying that the property was not an abandoned property and as such its taking over was illegal and prayed for its release, but the Government did not accept this contention. On and from 26......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
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... and for considering that it was safe to convict the accused in a particular case without corroboration. Mr. Gholam Rabbani J is therefore not correct in stating as follows: "The legal theory that the evidence of a prosecutrix in a rape case requires corroboration by independe...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..Category: Criminal Law | Date: | Hits: 66
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....ry 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 Court, Dhaka held the order of dismissal to be legal but in view of severity of sentence converted it to one of termination from service with term......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 ..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....mission has got power to take proper steps and further that the general power of "superintendence, control and direction" is meant to supplement and not to supplant any statute and rule. 9. In our legal system relating to elections also the Election Commission's inherent power under the provision......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....o the thirteen applicants with the ulterior motive to give the land to the JPL whose Chairperson was Raushan Ara Begum. Abdus Sattar was a Director of that company. The accused made the transaction illegally in collusion with each other to obtain a pecuniary advantage of taka four crore. 4. After......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
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