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Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......J Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subj...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K.M. Subhan, J Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. ......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... Ruhul Islam, J K. M. Subhan, J Badrul Haider Chowdhury, J Azizul Molla …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the abse......available as the said Order with its Rules were repealed by the Ordinance of 1976. The learned Attorney-General did not contest his position and his further submission was that Rules framed under the Bangladesh Local Government (Union Parishad and Pourashava) Order of 1973 were also not available. ...... 65 ...... without any lawful authority and the order passed by the Prescribed Authority in consequence 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
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 ......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 ......DLR (AD) (1980) 54 ......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)
.... of synthetic fabrics of the value of Tk. 8,896/- from the godown at Siddique Bazar, Dacca. The appellant was charge-sheeted for misconduct and corruption under sub-rules (b) and (c) of Rule 3 of the Government Servants (Discipline and Appeals) Rules, 1976. He showed cause to the charges and in re......le obtained by the appellant challenging validity of the order of the respondent removing him from service. 2. The appellant's case in short, is that he was appointed by the Trading Corporation of Bangladesh on December 18, 1972 and was posted as the Stores Officer at the Head Office in Dacca and...... ......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
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 ......80) 35 ......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 ..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......) 33 ......) (1980) 33 ......erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ..Category: Criminal Law | Date: | Hits: 63
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
.... till 1975 long after coming into operation of the enemy property laws without the said authority being impleaded. Apart from this, the appellant has asserted his possession in the property and the Government in their affidavit-in-opposition, though have challenged the validity of the sale deeds......esent: Kemaluddin Hossain C.J. Ruhul Islam, J J. K M. Subhan, J. Badrul Haider Chowdhury, J. Abul Khair Miah being dead his heirs: Abul Kashem and ors. …..Appellants. Vs. Bangladesh and others……………………………………….Respondents Judgment Nov. 2......) Present: Kemaluddin Hossain C.J. Ruhul Islam, J J. K M. Subhan, J. Badrul Haider Chowdhury, J. Abul Khair Miah being dead his heirs: Abul Kashem and ors. …..Appellants. Vs. Bangladesh and others……………………………………….Respondents Judgment ...... Sundari and Sabitri Devi sold these properties to the deceased appellant and his son and brother and others by registered kabalas dated 19-8-75 (registered on 70-8 75) It was alleged that respondent Md. Golam Mostafa, a neighbor was trying to grab the property. He moved the authority to treat the..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....an Siraj but, as already mentioned, was later on shown arrested. 3. The Special Tribunal Case No. 98 of 1976 relates to a speech of the respondent who delivered it on March 8, 1974 criticising the Government exhorting the people to resort to direct action while following the programme of the part......s also Reported in: 32 DLR (AD) (1980) 1 ......te Division (Criminal) Present: Kemaluddin Hossain, CJ. F.K.M.A. Munim, J. Ruhul Islam, J. K. M. Subhan, J. Bangladesh..........................................Appellant Vs. Shahjahan Siraj @ Sirajul Islam..................Respondent Judgment Aug. 22, 1978. ......(134) 145; Kinlay v. Draper, 186:5 LR 3 QBD 160 at 163; AIR 1938 Rangoon 160; 28 DLR 187; Emperor v. Nazir Ahmed, AIR 1945 PC 18 at p. 22; West Bengal v. S.N. Basak, AIR 1963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 S..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......vision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Coal Controller, Government of Bangladesh........................Petitioner Vs. Ventura Industries Ltd....................ddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Coal Controller, Government of Bangladesh........................Petitioner Vs. Ventura Industries Ltd.....................Respondent Judgment August 19,......Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Petitioner. Rafiqul-ul-Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal N..Category: Others | Date: | Hits: 90
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....h 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Chhabra, AIR 1968 All (Lucknow Bench) 119; Maharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Jo......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 ......e Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Sublian J. Yusuf .............................Appellant Vs. Mofzal Ahmed Sowdagar............................Respondent Judgment Marc......Yusuf .............................Appellant Vs. Mofzal Ahmed Sowdagar............................Respondent Judgment March 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Chhabra, AIR 1968 All (Luck..Category: Others | Date: | Hits: 119
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
...., and on their application under section 5, Limitation Act, the High Court Division, by the impugned order, condoned the delay subject to payment of Taka 3,500.00 as cost to this Petitioner by the Government. 3. Mr. TH Khan, learned Counsel for the petitioner, has seriously assailed the ......nt: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Suruzzamal ..................................Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another......... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Suruzzamal ..................................Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and ......y 25, 1992. Case Referred to- Bangladesh Vs. Jaferuddin, 1986 BLD (AD) 180. Lawyers Involved: TH Khan, Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner. Not represented - The Respo..Category: Property Law | Date: | Hits: 101
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....udgment: MH Rahman J.- In his Writ Petition No. 903 of 1992 the petitioner unsuccessfully challenged the Government's decision dated August 26th, 1991 to liquidate Bangladesh Consumers Supplies Co Ltd (re......llate Division (Civil) Present: MH Rahman J ATM Afzal J, Mustafa Kamal J Latifur Rahman J. Abu Yousuf .......................Petitioner Vs. Bangladesh and others .........................Respondents Judgment August 11th, 19...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J, Mustafa Kamal J Latifur Rahman J. Abu Yousuf .......................Petitioner Vs. Bangladesh and others .........................Respondents Judgment Augus......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......me Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16,...... ......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.....65 by an agreement of lease. The lessee Md. Hussain on 21.8.70 transferred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Government. Thereafter on 22.3.1979 Md. Khalil Miah transferred the property to Shahida Begum for ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January ......vil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Re......nbsp; (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, C..Category: Property Law | Date: | Hits: 63
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....b Khan @ Abdul Mataleb Khan of the charge under section 409 Penal Code. 2. The prosecution case was that the respondent in his capacity as Head Tahsilder of Moukaran Tahsil Office under the Government Acquired Estate, Patuakhali had collected Tk. 15,508.52 Paisa as rent taxes, etc. from d......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 ...... (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. State ……………..Appellant Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan…………......Respon......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 ..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....ce their right to registration is not the same as in the case of M/s. Raghubar Dayal Vs. Union of India, 1962 AIR (SC) 263, in which it has been held that the right to obtain recognition from the Government is not a fundamental right, but in Raghubar Dayal's case, an association could exist as ......e Division (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Secretary of Aircraft Engineers of Bangladesh and anr ……………Appellants Vs. Registrar o...... M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Secretary of Aircraft Engineers of Bangladesh and anr ……………Appellants Vs. Registrar of Trade Unions and ors .........................Respondents ...... Judgment August 18th, 1993. Case Referred to- Asaduzzarnan Vs. Bangladesh 42 DLR (AD) 144; Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Appellants. (In CA No.14 of 1993). Shamsul Hoque Sid..Category: Labour and Industrial Law | Date: | Hits: 103
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) and other officers, respon......refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) and other officers, respondent Nos. 2-5,...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Latifur Rahman J Babar Ali Pramanik and others ……………………Petitioners-Appellants Vs. Mosar Ali Pramanik and others……...............Plaintiff-Respondents Judgment ......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....nds, namely, a tank. This tank was also separated from the pre‑emptor's land by a public path. The courts below including the High Court Division ignored the public path which belonged to the Government and over which no other person put forward any competing claim for pre‑emption. In......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 ......llant Vs. Hosne Ara Begum and others....................... Pre‑emptee-Respondents J......t Ali 32 DLR (AD) 54; Hazi Tozambar Ali Vs. Abdus Sattar 34 DLR (AD) 217. Lawyers Involved: TH Khan, Senior Advocate, Supreme Court, (MA Wahhab Miah, Advocate with him), instructed by Md. Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Ad..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....esent: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Jud...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents Judgment March 29th, 1993. ......) Present: Shahabuddin Ahmed, CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Nazimuddin Molla, (Md)..................Appellant Vs. Government of the People's Republic of Bangladesh and others................Respondents ......esh and others................Respondents Judgment March 29th, 1993. Lawyers Involved: TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Khondker Mahbubuddin Ahmed, Senior Adv..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....upreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alfu Miah and others.......................... Appellants Vs. Government of the Peoples Republic of Bangladesh represented by the Deputy Commissioner Dhaka & othe......(Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alfu Miah and others.......................... Appellants Vs. Government of the Peoples Republic of Bangladesh represented by the Deputy Commissioner Dhaka & others ……………………................. 112 ......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
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