Search Options
Judgment Advanced Search
Displaying 401-420 of 1761 results.
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....a question of public importance has been raised by a Single Judge in Criminal Revision No. 160/1973 posing the question as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property af......er under that section may, in case of emergency or in case where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex-parte. 30. Moreover, if the legislature so intended that order of attachment could be made unde......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....of the submissions made by the parties Regulation 12(ii) is quoted below: “12. (ii) The Bank may determine the service of any employee by calling upon him to resign or otherwise, after the expiry of the period of his probation on giving him three month's notice or pay in lieu the......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......t to continue in service so long their services were satisfactory, in other words, unless they are found guilty of any misconduct as enumerated in the Staff Regulations which are punishable with dismissal. In short, he submitted that Regulation 12(ii) is only applicable to a staff of the Bank w..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
.... the Respondent
Writ Petition No. 630 of 1977
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 22-8-77 (Annexure-G) of respondent No. 3, Director, Bangladesh Council of Scientific & Industrial Research L......ice in the case of wrongful dismissal from service. Further, it has been held that the principles of natural justice in such cases required a pre-hearing according to the principle "audi alteram partem". This broad principle of natural justice is found to have been followed in the petition......th a different proceeding drawn on a charge-sheet dated 15.3.77 and not in connection with the proceeding started on the charge-sheet dated 4.5.77. Since the respondents did not withdraw the order of dismissal he moved this court and obtained the rule challenging the legality of the order of dismiss..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... Judgment M. H. Rahman J.–This Rule was issued calling upon the respondents to show cause why the Order No. 202-E/299(O) dated July, 29, 1976 of the Secretary, Bangladesh Railway Board (Annexure 'K' to the petition made in super session of the order No. 433/1-PXV (O) dated Novembe...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......ve given rise to this petition. Before we proceed to enquire into the matter we quote the relevant rules from the Railway Establishment Code: “2433(a) Resignation of the Public Service, or dismissal or removal from it for misconduct, insolvency, inefficiency, not due to age or failure to ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....release dated 28.3.75. Instead he filed an application to the Corporation praying for leave on the ground of his illness. The application was allowed and he was granted leave till 21.5.75; but on the expiry of this leave, he again applied for further leave till he "recovered from his illness&qu......f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......anted leave after he has been released from his duties in view of his transfer is altogether different. A person is released from duties either on his transfer or when his employment is terminated by dismissal, removal or discharge. In the instant case Respondent No. 2 was released on transfer after..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
....d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......6, 1978.
Result:
The rule is made absolute.
A dismissed worker ceases to be a worker within the definition of a "worker" under the Industrial Relations Ordinance, 1969 if his dismissal is not related to any industrial dispute and that such a worker cannot file an application..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signature of responden......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ......is required neither under Article 135 of the Constitution nor under the Rules of 1976. Further, he has contended that the provision as to show cause notice is applicable only in the case of dismissal, removal or 'reduction in rank' and not in the case of compulsory retirement' ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signature of responden......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ......is required neither under Article 135 of the Constitution nor under the Rules of 1976. Further, he has contended that the provision as to show cause notice is applicable only in the case of dismissal, removal or 'reduction in rank' and not in the case of compulsory retirement' ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....was his benamder Later on, defendant No. 1 got his name mutated in the Register-D of the Collectorate as the purchaser. This question of benami purchase has not been seriously challenged in this suit except a suggestion that the ostensible purchaser having left the country, defdt. No.1 tried to tran......on them or upon the principal defendant and that, it was a fake suit Instituted for the purpose of creating evidence as to annulment. They have produced an application, Exb. H (1) showing that the ex parte decree passed in the Rent Suit was sought to be set aside on the ground of non-service of noti...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... was his benamder Later on, defendant No.1 got his name mutated in the Register-D of the Collectorate as the purchaser. This question of benami purchase has not been seriously challenged in this suit except a suggestion that the ostensible purchaser having left the country, defdt. No. 1 tried to tra......pon them or upon the principal defendant and that, it was a fake suit instituted for the purpose of creating evidence as to annulment. They have produced an application, Exb.H (1) showing that the ex parte decree passed in the Rent Suit was sought to be set aside on the ground of non-service of noti...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
.... rule 51 of the Appendix 5 of the Original Side Rules of this court lays down as follows:- “where no other provision is made by these rules proceedings in suits brought in the Court in the exercise of the jurisdiction under the Colonial Courts of Admiralty Act, 1890 shall be regulated by ...... in a foreign country is likely to entail, the apprehension of the plaintiff that it would not be possible for him to take his witnesses to London and the arbitration proceeding would be virtually ex parte, cannot be ruled out as imaginary and appears to be prima facie genuine. 18. Having regar......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....chool and since then he had been working as an officiating Education Teacher against a substantive post. In 1964, there was a police verification of his antecedents and he learnt from his cousin and next door neighbour Md. Alimuddin that his cousin along with Md. Akkel Ali, a member of Union Council......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......ndustries Corporation, Dacca Vs. Mahbub Hossain Chowdhury (1977) 29 DLR (SC) 41 where it was observed that "Precedent hearing or compliance of the principle of natural justice is implicit in the dismissal of employee enjoying some statutory status or holding a statutory post or a post of a publ..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....operties which were joint between the appellant and his co-sharers and the appellant being in possession thereof, the Custodian of Enemy Property could not take possession of the said properties except on partition through Court in accordance with law, that some of the properties being debuttor.......C. Das Advocate, instructed by A Rab-II, Advocate-on- Record-For the Appellants.
Anwarul Huq Chowdhury, Advocate, instructed by B. Hossain, Advocate-on Record-For Respondent No. 2.
Ex parte—Respondent No.1. B.B. Roy Chowdhury, Asstt. Attorney-General instructed by B. Hossain Ad......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....s dated 6.5.76 passed by the learned Munsif 2nd Court, Mymensingh. Sadar, in the proceedings under Order 9 rule 13 of the Code of Civil Procedure arising out of orders, allowing pre-emption ex-parte under section 24 of the Non-Agricultural Tenancy Act, 1949, should not be set asi......ated 6.5.76 passed by the learned Munsif 2nd Court, Mymensingh. Sadar, in the proceedings under Order 9 rule 13 of the Code of Civil Procedure arising out of orders, allowing pre-emption ex-parte under section 24 of the Non-Agricultural Tenancy Act, 1949, should not be set aside.......nable relying upon a decision of Akram C.J. mentioned above wherein his Lordship has decided the question as to the maintainability of appeal which has been found not maintainable against an order of dismissal under Order 9 rule 13 CP.C. passed in the proceeding under section 26F ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....eable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued calling upon the respondents to show cause why the impugned notice of demand (Annexure 'A') Process No. 3823 dated the 18th May, 1973 in Cases Nos. 280/56/72-NM/ 1957-58 to ......oner and hence the re-assessments were made under rule 10 of the Rules for the years 1957-58 to 1969-70 and original assessments for the years 1970-71 to 1972-73 were completed on 28th April, 1973 ex-parte on the basis of the returns and statements of oil storage tanks submitted by the petitioner. T......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....red before the Court to move the said application, the learned Munsif, by an order, rejected the said application and also the written statement filed by Defendant No.1 and fixed 3.1.74 for ex-parte disposal of the suit. The suit was taken up for ex parte disposal on 3.1.74 and after ......Rahman and others (1974) 26 DLR 124. Lawyers Involved: SR Pal, Senior Advocate, with S.C. Das, Advocate, instructed by B.C. Panday, Advocate-on- Record—For the Appellant. Ex-parte—the Respondent. Civil Appeal No.51 of 1977. (From the Judgment and Order date...... 115 of the Code of Civil Procedure made by the respondent, without issuing a Rule upon the appellant, who was the sole opposite party in the said application, and setting aside an order of dismissal of an appeal preferred by the respondent for his failure to put in a sum of Tk. 500/- with..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
.... Judgment August 9, 1977. Result: The Rule is discharged. Right of preemption under section 96 of the State Acquisition and Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and T......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......asad Vs. Damru and in a recent case of Ram Nath Vs. Badri Narain, decided by a Bench of three judges. It was contended before us that the female plaintiffs were not such strangers as would entail the dismissal of the suit of the other plaintiffs, and that the effect in the suit, if any, might be rem..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....egations that the disputed land originally belonged to one Aftabuddin Sarkar, who gave the land in usufructuary mortgage to one Fdizuddin Haji for a period of three years for a sum of Rs. 50/-. After expiry of the said period Aftabuddin Sarkar got back possession of the land and possessed it till hi......, Mozammel Huq Khan, Advocate, instructed by A. Rab-II, Advocate-on-Record-For the Appellant. Jani Alam, Senior Advocate, instructed by S.M. Huq, Advocate-on-Record-For Respondent No. 1. Ex-parte—Respondents No. 2-4. Civil Appeal No. 2 of 1977. (From the Judgment and Decre......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
....e (a) of Article 5 of P.O. 67 of 1972 and further recommended for feature of the house at 126, Gulshan Avenue, Dacca. This order is under challenge. The petitioner was served with the charge sheet annexure 'B' dated 6-3-73 and was asked to show cause why he should not be recommended for dism......d there is no prayer for adjournment of the examination of the case, or if there is any such prayer and such prayer is rejected by the Board, the Board may proceed with the examination of the case ex parte and make such recommendations as it deems proper"
Provided that before further proce......Rule is directed against an order dated 11-4-73 passed by Mr. M. Rahman, Secretary, Establishment Division, Government of the People's Republic of Bangladesh, under P.O. 67 of 1972 intimating the dismissal, from service of the petitioner and the forfeiture of the house at 126, Gulshan Avenue, Da..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....d not be treated as order passed either under section 209(2) or under section 253 of the Code of Criminal Procedure. 2. Thereafter the Special leave was obtained to consider whether the view expressed in the case of Abul Hossain Sana 14 DLR (S.C) 96 is attracted in the present case, whethe......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ...... involved in that cases. Their Lordship noticed that in pre-partition India authority was not uniform on the question of Magisterial power of revival of a case after the discharge of an accused or dismissal of a complaint out of the cited cases their Lordships specifically referred to only 2 cas..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
9255693093089244926994259273913191248957902294307120931990216960901969619316929