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Displaying 521-540 of 1984 results.

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

....ed the view that it is the inherent jurisdiction of the superior Court to interpret law. If was observed:- “If an order is passed by a Martial Law authority or a Military Court which is in excess of or without jurisdiction its legal position is open for examination by the High Court or th......ide-line or classified the cases to be tried by the respective Courts. Government has the power to set up Special Court and this is not disputed. Once a Special Court is established it is at once the duty to supply the norm as to how concurrence of the jurisdiction are to be regulated. This was noti..

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)

....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. ...... (d) Teaching in the department; (e) Co-curricular activities of the students in the department. 8. From the aforesaid provisions it appears that the Syndicate has been instructed with the duty of prescribing course of study, holding of examination and publishing of result of University e..

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

Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)

.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215.   ...... the proposed amendment does not cause injustice to the other side or that it is necessary for the purpose of determining the real question in controversy between the parties. Moreover it is also the duty of the Court 10 see that there was no undue delay or laches on the part of the party seeking am..

Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....sion 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     ......dvocate, appearing for the opposite party; submits that it is a dispute as to the Immovable property which is the subject matter and if whether there is a likelihood of breach of peace then it is the duty of the Magistrate to preserve the peace in his local Jurisdiction and when such a dispute exist..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....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.     ......dvocate, appearing for the opposite party; submits that it is a dispute as to the Immovable property which is the subject matter and if whether there is a likelihood of breach of peace then it is the duty of the Magistrate to preserve the peace in his local Jurisdiction and when such a dispute exist..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1

Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)

.... by the Presiding Officers. According to the Ballot Paper Accounts the total number of valid ballot papers was 6605 but according to the Tribunal It was 6608 i.e. 3 ballot papers having been found in excess. Mr. Ahmed has contended that since these three ballot papers were not accounted for the natu......before it is issued to a voter and that the ballot paper shall be stamped with an official mark. Mr. Mainul Hosein has contended that to put an initial and an official mark on the ballot paper is the duty of the Polling Officer and a voter has no hand in this matter and if the Polling Officer, by mi..

Category: Election Law | Date: 17 Feb, 1978 | Hits: 7

Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)

.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ......wing proviso, “Provided that no order confiscating goods of greater value, or enhancing any fine in lieu of, confiscation, or imposing or enhancing any penalty, or requiring payment of any duty not levied or short-levied shall be passed unless the person affected thereby has been given an..

Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2

Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)

.... 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     ......nted to work against the post of Deputy Chief Engineer, Rehabilitation and Construction, and that the intervening period from the date of acceptance of his resignation up to the date of resumption of duty would be regularised as per existing rules. The petitioner resumed his duties as Deputy Chief E..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1

General Manager, Urea Fertilizer Fac¬tory, Ghorashal, Palash, Dacca Vs. Urea Fertilizer Fac¬tory Employees Uni¬on, Ghorasal Palash, Dacca and others, 1978, 7 CLC (HCD)

....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.   ......9;outsider' that it a non-worker is debarred from becoming a member or officer of Union as section 6 clearly shows. But the question is whether an employee who has already been released from duty on transfer can be termed as a person not in actual employment. A person on leave does not ceas..

Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1

Md. Abdur Rasheed Vs.

....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.   ......warded to defendant No. 3, the Head Master, Nawabpur Govt. High School, with request to take necessary steps for police verification as to the plaintiff's and defendants. The plaintiff joined his duty on 10. 1. 65. While he was in service there was an advertisement for enrolment of names in the ..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (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. ...... notice of the Court that by approving of the proposal to lease out the land to the landless refugees on the view that it was Government and there was really a transgression of the managing, officers duty of preserving the property, notwithstanding such a wrong approach and misconception and therefo..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....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.         ......principle has been stated as follows: "Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transfictions or considerations already past, must ..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)

....by the tenant for that year. Provided further that if the repairs or measures though necessary in the opinion of the Controller, exceed in cost the said amount, and the tenant agrees to bear the excess cost himself, the Controller may permit the tenant to make such repairs or to take such measu......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179.     ..

Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ...... the parties and has argued that the plaintiff was a lawyer engaged by defendant No.1 in a number of cases and he was also his "trusted friend and adviser" who was entrusted by him with the duty to protect his property, but taking advantage of his difficulties the plaintiff exercised undue..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ......simultaneously, (3) the antecedents of the detenu will be relevant in coming to the question of exercising of the jurisdiction honestly to be satisfied for detention and reports of the agencies whose duty is to collect information will be of consideration for coming to its decision as to satisfactio..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)

....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213   ......fey the probate which had been obtained exhypothesi fraudulently.” 9. A creditor-simpliciter cannot be said so have a locus standi to pray for revocation of the probate for it would be the duty of whoever is the grantee to pay debts first, and his interest cannot be affected by any dispos..

Category: Property Law | Date: 29 Jul, 1977 | Hits: 2

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....t be recommended for dismissal from service with forfeiture of properties. The charge sheet shows the total assets of the petitioner as Rs. 2,73,415.00 and the net income was 84,986.98 Therefore, the excess assets of Rs. 1,88,428.02 was the subject matter and the 1st Screening Board noticed that it ......ub-rule makes it obligatory on the authority to act in the particular manner as laid down by the rules and in no other manner. It is well settled now that when authority is given power coupled with a duty it must act in accordance with the law that has conferred such power and any deviation from the..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

....s quite reasonable. We, accordingly, determine the compensation for these trees and plants at Tk. 1,000/- only as against Tk. 4, 675/- assessed by the L.A. Court: An amount of Tk. 3,765/- assessed in excess should be deducted from the total amount of the compensation. 4. The next and the main c...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....nefits were given to the workers. The BJMC however, vide its circular dated 28-3-73, directed the Manager of Sonali Jute Mills to stop immediately the additional benefits and also directed to realize excess which were already made by way of deducting from the pay vide annexure C&D of the petitio......ithout lawful authority and is of no legal effect. We make no order as to costs. Muhammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 141. ..

Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......ncerned in carrying, removing, depositing, harboring, keeping or concealing or in any manner dealing with any goods which have been unlawfully removed from a warehouse, or which are chargeable with a duty which has not been paid, or with respect to the importation or exportation of which there is a ..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1