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Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....ented by the Secretary. Ministry of Law and Parliamentary Affairs, removing him from his office under the provision of the President's Order No. 6 of 1972 Bangladesh Law Officers Order, 1972. The simple case of the petitioner is that as no show cause notice was served upon him giving him an oppo......d order. In the result the rule is discharged without any order as to costs. Rafiqur Rahman J. — I agree, Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 332   ..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....e learned Advocate has appeared in support of the rule while Mr. M.M. Hoq, the learned Asstt. Attorney General has appeared to opposeit. So far as Mr. Rahman is concerned, his contention is brief and simple. It is that after submission of charge sheet, particularly when the matter is subjudice, the ......iling an application under section 494 of the Code. No order as to costs. Rafiqur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 346   ..

Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3

M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another, 1979, 8 CLC (HCD)

....s loss of pension or other pecuniary benefits to which he may be entitled nor is there any stigma affecting his future employment. The petitioner, therefore, is not entitled to any show cause for the simple reason that no punishment has been imposed by rating him compulsorily. 7. It is also not......but haying regard to the facts and circumstances of the case there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 339 ..

Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1

M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)

.... Trawlers Porsommboon and Mongkolnimit were, as stated in the show cause notices, on the sea in a position 21-06N and 90'5E and the trawler Thaiwareepiset was on the Sea in a position 20 N-89E. A simple glance at the map of Bangladesh, a copy of which has also been attached to the applications, ......out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256   ..

Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1

Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)

....in observation of this Court in a decision given in a group of ten cases including W P. No. 87 of 1977 between the Bangladesh Jute Mills Corporation and some of its employees who were terminated by a simple notice. The said Corporation tried to defend the termination taking the ground that the termi......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

M/S. Elora Industrial Corporation Ltd Vs. ADC, and Land Acquisition Officer, Dacca and others, 1979, 8 CLC (HCD)

....ld not deliver judgment because of preoccupation and that the Additional Commissioner, in the meantime, retired from service. 4. Whatever may be the reason for undue delay in disposing of such a simple matter, whether this amounts to willful neglect of duty or incompetence of the Additional Com......pondents are directed to pay costs of this application which we assessed at taka 1000/- only. A. T. M. Afzal J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 418   ..

Category: Property Law | Date: 18 Jan, 1979 | Hits: 3

A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)

....d by the said Summary Martial Law Court on 8-3-77 under section 408 of the Penal Code for temporary embezzlement of the aforesaid Sum of Tk. 10,990/-. The petitioner was sentenced to suffer simple imprisonment for three months and to pay fine of Tk 1000/- in default to suffer further simpl......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88       ..

Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8

Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

.... any disrespect, the Martial Law Court has purported to try an ordinary penal offence of murder punishable under section 302 BPC The offence was not one of those Military offences. It was a simple "civil offence". To deny an appeal from such conviction is to treat discriminately........ N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371.   ..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)

....le is in respect of the entire result of the examination of Library Science of 1974 and for all the students who appeared in that examination. Apart from anything else, this cannot be allowed for the simple reason that no other student except the petitioner has appeared before us and no order can an......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ..

Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3

Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)

.... The lower appellate Court considered the document and came to a definite finding that there was no evidence of hostile possession. It observed that:- “It appears that Amir Akon executed a simple mortgage of the entire karsha land and it further appears that Amir Akon has made certain tra......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259.   ..

Category: Property Law | Date: 22 Mar, 1978 | Hits: 2

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

....is clause is meant for, as Mr. Paul submits, continuity of the legal proceedings by or against the dissolved Council and but for this clause, the petitioner's application would have abated on the simple ground that the Council against which it was made has ceased to exist. Mr. Nabi has next reli......, any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 222   ..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5

Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....petition to surrender possession of a land which was already released from requisition under section 8 of the Emergency Requisition of Property Act, 1948. 2. Facts of the case are very simple and not disputed. The Deputy Commissioner, Barisal by an order dated 21.1.75 requisitioned 3.......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426.   ..

Category: Property Law | Date: 24 Feb, 1978 | Hits: 2

Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)

.... the proper plaintiff in an action in respect of a wrong alleged to be done to a Company is prima facie a Company and whether the alleged wrong is a transaction which may be binding on the Company by simple majority of members no individual member can bring an action in that respect. The ratio as it......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..

Category: Company Law | Date: 17 Feb, 1978 | Hits: 8

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....ibit 1 was a deed of agreement for monthly tenancy and did not require to be registered under section 107 of the Transfer of Property Act and section 17 of the Registration Act, (2) exhibit 1 being a simple deed of agreement for a monthly tenancy it could be terminated on a month's notice by eit......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)

....e same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart. Shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five ......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..

Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1

Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....ame fooding as a case of removal by way of compulsorily retirement. The above noted view provides the best answer to the question as to whether the impugned action amounted to dismissal or removal or simple compulsory retirement. 12. The Supreme Court of India reiterated the said opinion in the......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233   ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

.... same footing as a case of removal by way of compulsory retirement. The above noted view provides the best answer to the question as to whether the impugned action amounted to dismissal or removal or simple compulsory retirement. 12. The Supreme Court of India reiterated the said opinion in the......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ..

Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....ng at the time when cognizance is taken. Even repeal of the law does not affect this right in the absence of a clear provision. Section 6 of the General Clauses Act, 1897 is applicable to a simple case of repeal, as well as to a case of repeal of a statute followed by a fresh enactment on ......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Gurudas Saha Vs. Deputy Custodian, En­emy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)

....oss or acquisition of nationality could be drawn. We therefore proceed on the basis that the appellants did not lose their Pakistan nationality. 8. The question therefore boils down to a simple proposition, whether by their conti­nued stay in India during the period of Emer­gency the......ationa­lity, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..

Category: Property Law | Date: 7 May, 1976 | Hits: 55

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

....e in exercise of the administrative discretion of the Government it had power to pass such an order and no notice was necessary to be served on the petitioner. We are unable to agree with him for the simple reason that when an order affects anybody's right to property the person or authority mak...... The Rule is, accordingly, made absolute; We, however make no order as to costs. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 597 ..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3