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....egulating the procedure in respect of such a proceedings. The same view was expressed in the case of Khulna Tobacco Vs. Chairman, Labor Court (1977) 29 D.L.R. 148. Thus it is clear that the consensus judicial opinion is that the Labor Court is a Civil Court for limited purpose and since the power of......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.
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Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....urisprudence as proceedings in condemnation of the goods for purposes of revenue and are regarded as proceedings of a civil nature, despite their penal character. The Sea Custom Authorities are not a judicial tribunal in the strict sense of that term nor can their Verdict Of confiscation of the good......, 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. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....rd that the detenu had prejudiced and was likely to prejudice the security of Bangladesh public safety and maintenance of public order and "if was necessary to prevent him from doing any such prejudicial act within the meaning of rule 2(e) of the Emergency Powers Rules, 1975". Lastly it wa......n unlawful, manner. Hamoodur Rahman, J interpreting the constitutional terms observed:
“It means according to the accepted forms of legal process and postulates a strict performance of ail functions and duties laid down by laws.”
In section 491 Cr. P. C. the High Cour..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
.... in the case of Copal Marwari & ors. Vs. Emperor, 45 Criminal Law Journal, 177, and observed as follows; “Cognizance in my view, is merely the mental decision of the Magistrate to take judicial notice of a case. This view of what the law regards as taking cognizance is in accord with ......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124. ..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....t of majority by the contesting defendants concerned till the institution of the present suit, the plaintiffs were not in adverse possession of the suit land as such. 9. On this question various judicial decisions have been cited by the learned advocates concerned. The learned Advocate for the ......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....l has also surprised us. The order sheet of the case shows that the learned Magistrate behest of his superior officer namely, the Deputy Commissioner and not as a Sub-divisional Magistrate exercising judicial functions under the Code of Criminal Procedure. The petitioner was subsequently released on......e, with simple imprisonment for a term which may extend to one thousand rupees, or with both.” Section 186 which deals with obstructing a public servant in discharging his public functions reads as follow:- “Section 186. Whoever voluntarily obstructs any public s..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ......ioner submits that Labor Court is a Civil Court because, it is clothed with the powers of the Civil Court under section 36 of the Industrial Relations Ordinance, 1969. Since the Labor Court functions as a Civil Court, there cannot be any objection to entertain an application under Order IX..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
.... 7. In this Order, for the first time, we get a reference to the judgment passed by the Supreme Court of Pakistan, and the Order relates to the liability of Bangladesh Government, arising from a judicial or quasi-judicial decision and it clearly and manifestly says that the judgment and decree......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
....he order of cancellation of registration was not considered to have merged, in the order made in the appeal from the order of assessment.
16. There seems to be no serious divergence of judicial opinion on the principle of merger of an order of an inferior tribunal in the final order o...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
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Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....aratory to retirement which is provided under section 10 of the Public Servants (Retirement) Ordinance, 1973, and it enables the Government to withhold retirement benefits in case where any judicial or departmental proceedings have been initiated against the Government servant Petitioner f......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)
....paratory to retirement which is provided under section 10 of the Public Servants (Retirement) Ordinance 1973, and it enables the Government to withhold retirement benefits in case where any judicial or departmental proceedings, have been initiated against the Government servant. Petitioner......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
BangÂladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
.... of 1972 to mean that there cannot be any vesting of an absentee owner's property unless the Government has formed an opinion that his absence from the country is for any purpose which is prejudicial to the interest of Bangladesh. It has been argued that formation of such an opinion is not ......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....petitioner which we assess at 20 (twenty) gold mohurs. 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ...... on the part of the Government. 27. It has-been stated in the supplementary affidavit filed by the Government that as Director the petitioner was not obliged to perform clinical or teaching functions and the impugned order was passed relieving him from the duties and responsibilities of se..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ...... are as many as 11 descriptions of persons in section 21 who can be brought within the meaning of 'public servant.' It is contended that the descriptions are not exhaustive but in view of the functions to be discharged by the mutwalli he can be brought within the meaning of 'public serva..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....achinery and procedure. On examining the provisions of the Act the Court found that it completely ignored the legal position that the assessment of a tax on person or property was at least of a quasi-judicial character. Neither did the Act impose an obligation on the Government to undertake pro...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....ding Act". The amending Act received assent of the President on July 20, 1974. Preamble of the Act indicates that the statute was enacted to provide special measures for prevention of certain prejudicial activities, more speedy trial and effective punishment of certain grave offences and matter......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
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....s the appellant must be deemed to have agreed to the appointment of Mr. Murshed as the Arbitrator." In view of the authorities set out above, we do not think it worthwhile to refer to other judicial authorities cited from the Bar. 11. We can now revert to facts which are not in contro......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....them from the Deputy Commissioner under L.A. Case No. 21/65/-66.
If the above terms and conditions are accepted by the Waqf Estate, he is requested to furnish an undertaking accordingly on a Non-judicial Stamp paper of Taka 1/50 (Taka one and fifty paisa) at an early date.
Sd/- Illegible 1......
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
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Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....books and authorities.
2. Mr. Mirza Golam Hafiz, the learned Advocate for the petitioner, has assailed the validity of this order on three grounds namely, '(i) the impugned order was a quasi judicial order, (ii) the reference to religious principles which were not enforceable even under the......s order.
In the result the rule is discharged without any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
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Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....lication is a mere formality. To my mind, this is a completely erroneous impression. The discretion given to a Judge under Clause 15 of the Letters Patent is not just a mechanical legal process but a judicial discretion to be exercised after due consideration and the Court may either grant or refuse......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
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