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Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)

....This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78     ......f such contract and agreement. In the event of any breach of contract or non-com­pliance of any term of the agreement the parties thereto can cancel, terminate and discharge the contract and such action may be followed by appropriate proceeding before the appropriate Court, if at all, for any ci..

Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2

Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)

....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93.   ......in-reply. This agreement shows that the opposite party No.1 undertook to compensate the peti­tioner for any illegal act done by him and the petitioner was at liberty to take any appropriate legal action against the opposite party No.1 relating to the said picture. It is stated in the said agreem..

Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

.... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ......i­nance, views were expressed that if this were possible the whole purpose and scheme of the legislation which provided for the settlement of an industrial dispute will be defeated. The inter­action between sections 34 and 43 which are carefully noted in the aforesaid decision in the followi..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)

....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......of the petitioners, who were duly cleared for promotion by the Superior Selection Board earlier before the aforesaid respondents and the consequent supersessional absence of any rea­sons for such action of respondent No. 1 and are violative of the fundamental rights of the peti­tioners"..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

General Manager, Bogra Cotton Spinning Co. Ltd. Vs. Chairman, Rajshaht Labour Court & another, 1979, 8 CLC (AD)

....of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ......er to take appropriate disciplinary ac­tion against the leaders of the legal strike on 14.3.76 and further in not considering that the Company had followed the statutory procedure in taking legal action against two striking lea­ders on the failure of the Union to disclose the names of the st..

Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....d order. In the result the rule is discharged without any order as to costs. Rafiqur Rahman J. — I agree, Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 332   ...... affidavit-in-opposition denying the petitioner's claim of efficient discharge of duties and contending that his service was not found to be satisfactory. The Government however, did not take any action by way of punishment but the President in exercise of powers conferred on him by the Presiden..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......al Commissioner reduced the period of lease to one year treating it as open fishery which is liable to be leased out from year to year, and this is not supported by their own papers and previ­ous actions. In support of this contention the learned Counsel produced before us a copy of the Dacca Ga..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ......ing like to exam­ine the provisions of the Civil Procedure Code relating to compromise. Order 23 Rule 3 of the Code deals with compromise. It reads as:- "Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or com&s..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326   ......ing the case submitted final report against the chowkidars. The Corporation suspected the petitioner also and drew up a departmental proceeding against him asking him to show because why disciplinary action would not be taken against him for misappropriating the properties in question. He submitted ..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another, 1979, 8 CLC (HCD)

....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 ......a fide and colourable exercise of jurisdiction' for collateral purposes In reply the learned Deputy Attorney General has submitted that when the options were open before the Government for taking action against an employee it was within its competence and powers to opt for either of them. He has..

Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1

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     ......e that the petitioners while acting as shipping agents for the ships carrying imported petroleum products were served with a notice by respondent No. 1 calling upon them to show cause as to why penal action should not be taken against them under section 167(17) of the Sea Customs Act, 1878..

Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3

M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)

....out any lawful authority and 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) 256   ......ty, caught fish and made attempt to smuggle the fish out of Bangladesh territorial waters, they were handed over by the Bangladesh Navy gun-boat to the Customs Authorities at Chittagong for necessary action. The Master and Crew of these trawlers were released but the trawlers were confiscated by the..

Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1

Nuru Bepari alias Nurul Islam Bepari and others alias Habib Howlader Vs. State and another, 1979, 8 CLC (HCD)

.... accordingly discharged. The order staying proceedings of the case is vacated. A.T.M. Masud J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 241.   ......d other connected papers, that the offender should be placed. On trial for determining also whether he is guilty or not is competent to take cognizance of the offence and proceed with the trial. Such action will be trader section 27(1) of the Special Powers Act corresponding to an action u..

Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1

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           ......n the Examination Hall he was found adopting unfair means whereupon he was expelled and a notice was served upon him by the Controller of Examinations, Dacca University to show cause why disciplinary action would not be taken against him under the Rules of Conduct of Examinations. He submitted his e..

Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2

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       ......r filed an application to allow him to resume his duties after the said conviction. The authority after considering the Government directive as contained in Annexure B decided not to take any further action against the petitioner and exonerated the petitioner from all the liabilities and allowed him..

Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8

Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......hat the previous application of the respondent on similar grounds under section 25 of the Guardians and Wards-Act having been dismissed for default a fresh application for the same cause of action was barred under Order 9, rule 9 of the Civil Procedure Code. The learned Civil Jud..

Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

.... 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 ......as placed before him by Jahiruddin, while he was proceeding to Germany to purchase some ships of the Company, saying that the extra copy of the Articles of Association might be necessary in that transaction and in honest faith he put his signatures thereupon without looking at its contents, particul..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)

....plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......ossession of the house to the, petitioner. It is highly regrettable that the order of derequisition passed in 1972 has been defied and disrespected by the respondents Nos. 2 and 3 with impunity. This action of the respondents is not only illegal but also is highly improper 4. In the result the ..

Category: Property Law | Date: 26 Jul, 1978 | Hits: 2

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   ......y drawing a salary of Rs. 2500/- p.m. under the Government of Pakistan before he had defected, whereas he was a Dy. Secretary drawing a salary of Rs. 1940/-p.m. at that time, that he did not take any action against one Mr. Abdul Mannan, an officer under him who had drawn salary in excess of what he ..

Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1

Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)

....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......that there has been apprehension of breach of peace by the 2nd party over the possession of the disputed land and harvesting of paddy there from. The 1st party, therefore, prayed for taking necessary action under section 145 of the Code of Criminal Procedure. The police made G D entry No. ..

Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1