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....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
......ch 21, 1979.
Result:
The rule is made absolute in part.
Cases Referred to-
Shamlal Vs. Uttar Pradesh and another reported in A.I.R. 1954 (SC) 369; Abdul Karim Vs. Province of East Pakistan (1960) 12 DLR (SC) 295.
Lawyers Involved:
Khondker Mahbubuddin Ahmed—For th......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
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....tion of Justice. 8. After hearing the appellant who was appearing in person althrough and the learned Attorney-General, the matter was fixed for orders on 12-3-1979. On that day some senior members of the bar informed the Court that the appellant was very much repentant for making the obje......ncy of the petrol pump installed therein. In the suit he claimed that the suit land consisting of commercial plot Nos. 1 and 2 of the Cantonment of Chittagong then belonging to the Government of Pakistan and managed through the Ministry of Defence were leased out by auction for 30years to Ayaz ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ......position of penalty. The petitioners preferred appeals before the Collector of Customs (Respondent No. 2) and revisional application thereafter before the then Central Board of Revenue, Government of Pakistan which were all rejected after hearing. The petitioners thereafter moved the Court and obtai...... facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 306 ..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
.... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
...... giving a direction "to do that which is required by law to do"
Case Referred to-
Central London Property Trust Ltd Vs. High Trees House Ltd., (1947) 1 KB 130; Islamic Republic of Pakistan Vs. Mahmud Saved, PLD 1961 (SC) 192, distinguished.
Lawyers Involved:
K.A. Bakr, ...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....rsons impersonating themselves as clerks of Mukhtears and Lawyers, harassing the litigant public and extorting money from them under various pretexts, whereupon the Secretary issued a notice upon the members, of the Association to submit the names of such undesirable persons. In response to the said...... Abdur Rahman Chowdhury J.—This application under Article 98 of the Constitution of the erstwhile Islamic Republic of Pakistan is directed against an order passed by the Additional District Magistrate declaring the pet......ut having 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) 303 ..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ......ddin Ahmed J.- This Rule under Article 98 of the Constitution of 1962 was issued calling in question an order of the respondent, Director of Technical Education, Government of the then East Pakistan, now Government of Bangladesh, terminating the petitioner's service. The Petitione......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
.... President's Order No. 2 of 1972. The petitioner in the W.P. No. 538 of 1978 was absorbed immediately after the liberation under the Acting President's Order No. 2 of 1972. But it should be remembered that absorption or appointment or re-appointment, whatever might have been the appropriate ......g to be disposed of by this judgment. Petitioners in all these cases are officers and employees of the Bangladesh Biman Corporation, briefly the Corporation all of them, were in the employment of the Pakistan International Airlines Corporation, briefly, the PIAC, Prior to the independence of Banglad......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
Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)
....the Police Directorate as referred to us void before this Article of the Constitution. 3. The next contention raised, rather half-heartedly by Mr. Mudassir Hussain is that the petitioner being a member of a disciplinary force is not entitled to writ jurisdiction of this Court under Article ...... authority and is 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) 151 ...... authority and is 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) 151 ..Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....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 ...... Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: The rule is made absolute. Cases Referred to- 21 DLR (SC) page 238 (Pakistan Vs. Md Nimayamatullah Farukh; 27 D.L.R. (Dacca) 315 Lawyers Involved: Rafiqul Huq......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
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....on to vote, the Polling Officer, shall, after satisfying himself about the identity of the voter, issue to him two ballot papers after putting his initials on each outer-foils— (a) one for members containing three outer-foils; and (b) one for-Chairman. (2) Before the ballot pape......11. A provision similar to rule 40(4) was also incorporated in section 38(2)(a) of the National and Provincial Assemblies (Elections) Act 1964. This section came up for interpretation before the Pakistan Supreme Court in Mian Jamal Shah's case (1966) 18 DLR (SC) 1; (1966) PLD SC 1 and Chief......ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....armed miscreants also used to meet him off and on and hold secret meetings at his house to make plan and programme to render all possible help in anti-state activities of the miscreants specially the members of Kaderia Bahini. As for example according to the decision and programme of a secret meetin......f discharge is not a judgment, as a judgment is in tended to indicate the final order in a trial terminating in either the conviction or acquittal of the accused.” 15. The Supreme Court of Pakistan in the case of Gulzer Hassan Shah Vs. Gulam Murtaza and others reported in PLD 1970 (SC) 33......passengers and it was used for the miscreants to cross the border at night via Haluaghat. It is further stated that the detenu and others used to collect information about the movements of Police and Army personnels near the border and pass on the same to Kaderia Bahini. It is further alleged that t..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....e. In Ext. 1 Chairman of the Company will preside over all meetings of the Board as well as of the Company, but in Ext. 10 the Managing Director will preside over all meetings, and in his absence any member nominated by him will preside; in case of any deadlock the Managing Director will have a cast...... the Company became commercially insolvent. All assets and properties of the Company had been mortgaged to the principal Creditor, respondent No. 2, Bangladesh Shilpa Rin Sangstha which succeeded the Pakistan Industrial Credit and Investment Corporation (P.I.C.I.C.) against a loan of Rs 3192 lacs wh...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ......er as set out in his application is that he had successfully competed in the Central Superior Services Examination in 1954 and was appointed to the post of Income Tax Officer Class 1 in the erstwhile Pakistan Taxation Service. He was promoted to the senior scale of that service in the early sixties ......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
.... government or under any local authority as referred to in the said Article 9 are quoted below: 9(2). "A person shall be disqualified for election as, or for being a, Chairman or an elected member of a Union Parishad or an elected member of a Zilla Parishad if ............. (e) h......rnment servant or a servant of any local authority. Annexure B is not a clarification from the government; it is a clarification from the then Deputy Custodian of Enemy Property. Under the Defence of Pakistan Rules, 1965 all enemy property had vested in the Custodian. With the enactment of the Enemy......is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....the night of 23rd Sraban, 1373 B.S. corresponding to 9-8-67 on the occasion of his wife's alleged illness in which about 20/25 people including children participated. Deceased Maijuddin who was a member, probably of the union council, and a neighbor of accused Monoruddin, his house being only 2/......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....y substance in this contention. Under section 176-A Government is empowered to make or amend any Regulation relating, among other things, to recruitment, discipline, terms and condition of service of members of the Army. 4. Mr. Nabi next contended that this hurried amendment is in conflict with......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ...... debarred from seeking any election but his objection was overruled on the strength of an amendment brought about by the Government on 28th April, 1971 in Regulation No. 293(A) of the Bangladesh Army Regulations Volume 1 (Rules). This amendment seeks to withdraw the prohibition against res..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....nal provisions as to election to the office of President must be respected. He has. submitted that this court is bound by its oath of office to protect and defend the Constitution. But it should be remembered that though, "President" is a constitutional concept, the provisions of the Const......se of any collision between the Constitution and the Proclamation it is the Constitution which shall give way. 11. Mr. Fakir Shahabuddin has lastly referred to a decision of the Supreme Court of Pakistan in the case of Asma Jilani Vs. Government of the Punjab P.L.D. 1972, S C. 139. He has submi......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....al Martial Law Court shall be appointed from among Sessions Judges or Officers of the Defense Service of Bangladesh Rifles not below the rank of Lieutenant Colonel or equivalent, and of the two other members of such Court, one shall be appointed from among officers of the Defense Services or Banglad......Government of India Act, 1935. When the India Independence Act 1947 was passed and two Dominions were created, Government of India Act, 1935 continued till the Constitution of the Islamic Republic of Pakistan. High Court was established by Article 165 and writ jurisdiction was conferred by......s were created, namely. Special Military Court and Summary Military Court and these were legal conceptions known to law. But the conception of Martial Law Court is something new which is not found in Army Act or any other enactment. In the Proclamation of 1969 the power was reserved for providing fo..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......al Original Jurisdiction) Present: Shahabuddin Ahmed J Sultan Hossain Khan J Commissioner of Income Tax, Chittagong Zone…………Appellants Vs. M/S. Pakistan Tubewell Company……………..Respondent Judgment Ap......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
.... Constitution is seldom granted unless the alternative remedy under the law is availed of. 11. In the case of R. Vs. Dunsheath Ex-parte MEREDITH (1950) 2 All. E. R. 741, the facts are that fifty members of convocation of the University of London served a requisition on the Chairman for the summ......n. In the case of Shafiqur Rahman Vs. Certificate Officer, Dacca and another, (1977) 29 DLR SC) 232, the erstwhile Supreme Court has laid down as follows:- “But in the late Constitution of Pakistan and also in the Constitution of Bangladesh the rule as to alternative remedy has been made ......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
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