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Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....ature and can not be made the subject of revision under section 435 of the Code of Criminal Procedure. In appointing any such person as Special Police Officer, the Magistrate does not act in his judicial capacity. The proceeding, in which the above order was passed was not a criminal, proceedin......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....ature and can not be made the subject of revision under section 435 of the Code of Criminal Procedure. In appointing any such person as Special Police Officer, the Magistrate does not act in his judicial capacity. The proceeding, in which the above order was passed was not a criminal, proceedin......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

....a V.T.R Varma AIR 1957 (SC) 882 (885). The Indian Supreme Court in the case of State of Mysore and oth­ers Vs. Shivabasappa Makapur AIR 1963 (SC) 375 (377) has also held "Tribunal exercis­ing quasi-judicial functions are not Courts and, therefore, they are not bound to follow the procedure prescri......arma AIR 1957 (SC) 882 (885). The Indian Supreme Court in the case of State of Mysore and oth­ers Vs. Shivabasappa Makapur AIR 1963 (SC) 375 (377) has also held "Tribunal exercis­ing quasi-judicial functions are not Courts and, therefore, they are not bound to follow the procedure prescribed for t..

Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....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.   ......nd the Order dated. 17.4.78 made there under. Dr. Razee has next contended that there is no law providing for any governmental machinery under the President to be elected, the Presidium's powers, functions, term of Office and his relation with parliament. The answer to this contention is the Con..

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)

....Martial Law on 20th August, 1975. The mantle of the Martial Law fell upon a person who was none but than the Chief Justice of Bangladesh. This is unique in the history of Martial Law that the highest judicial authority had to take and perform the task of Martial Law. He, therefore, declared that it ......laimed on 20th August, 1975 while seizing the full power of the Government with the help and mercy of the Almighty Allah and relying upon blessings of the people the authority Who is to discharge the functions of Martial Law cannot act in a manner which is a negation of it. Since jurisdiction of the..

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. ......Part I of Paper 8 under the said subject.” He has submitted that syllabuses in different courses including that of Library Science are prescribed by the Ordinance of the University and the functions of each authority in the University are also prescribed by different statutes, ordinance a..

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

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

...., 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   ......ted 17.7.70 shall stand transferred to this Council. The said Pakistan Council is found to have been registered as a society under the Societies Registration Act, 1860. Having regard to the nature of functions to be performed and authority to be exercised by this Council it is clear that the Council..

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

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

....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 ......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

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....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.   ......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.   ..

Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....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.   ......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.   ..

Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

.... 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. ...... 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)

.... 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. ...... 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)

....r him in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time before filing a written statement or faking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfie......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

Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)

....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97     ......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97     ..

Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8

Md. Abdur Rasheed Vs.

.... of the Constitution (of 1962) as the Police report was confidential in nature and no enquiry in respect of the same would have been practicable and the disclosure of the same would have been prejudicial to the security of the country. 5. The appellate Court affirmed the decision of the tr......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.   ..

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)

.... his title in respect of his property lying in the territory of the hostile belligerent state. Its primary concern appears to have been that such property might not be used in a way which would be prejudicial to the prose­cution of the war affecting the defence of Pa­kistan or which might re......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

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....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. ......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

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....tes as a bar to fresh investigation by the police into the case, as to submission of charge-sheet and whether the order of discharge by a Magistrate on receipt of a final report by the police is a judicial or an administrative order. 3. Mr. Maksudur Rahman, the learned counsel contended th......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.   ..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

....p; Discipline) Rules 1960. Learned Advocate argued that the departmental proceeding started against-the petitioners under the Government Servants (Efficiency & Discipline) Rules, 1960 being quasi-judicial in nature, no other proceeding, even a proceeding under President's Order No.67 of 1972......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....e practically pleaded ignorance about the rulings of this Court, and begged to be excused. On perusal of the explanations we do not consider that any action need be taken. However, we observe that as judicial Officers they are expected to keep themselves abreast with the current rulings of the Super......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5