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Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......ers is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......l Magistrate was based on the police report. It cannot by any stretch of imagination be deemed to be a discharge under section 500 of the Code. The petition of complaint, we find was in the nature of a revival petition without disclosing any overt act alleged to have been committed by the ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
.... 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.
......s that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
......he subject matter of the appeal or revisional order and the scope of the appeal or revision contemplated by the particular statute. In our opinion, the application of the doctrine depends on the nature of the appellate or revisional order in each case and the scope of the statutory provisions c..
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)
....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 ......t any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......ce under sub-section (2) of section 9 of the Bangladesh Public Servants' (Retirement) Act, 1974, has been challenged. The petitioner contends that the order of retirement is punitive in nature, and it amounts to an order of removal within the meaning of article 135 of the con..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....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. ......ny order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......ce under sub-section (2) of section 9 of the Bangladesh Public Servant's (Retirement) Act, 1974, has been challenged. The petitioner contends that the order of retirement is punitive in nature, and it amounts to an order of removal within the meaning of article 135 of the Con..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....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. ......ssed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......erns. What the High Court Division found was that the Ministry of Communication contented itself by merely constituting 3 Management Boards to take over the management of the concerns of a particular nature which could be done only after the necessary decision as contemplated in clause (1) of Articl..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......sion are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......0(4) of the Act. On its applicability the appellant's suit, it is obvious, cannot stand. 6. To appreciate the respective contentions of the learned Counsel, it is necessary to understand the nature of right claimed by the appellant. There is no dispute that they cannot retain any khas ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
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 ...... 31. The rule is accordingly made absolute with costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 12 ......-practising post since its creation under Government Order No. Deve-1/P-20/69/284 dated 24-7-69 (Annexure I to the affidavit). In view of the fact that the post of Director IPGMR is executive in nature with higher responsibilities requiring whole-time attention without any distraction including..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. ......d 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. ......the service or pay of the Government, and (2) whether he is entrusted with the performance of any public duty. If both these requirements are satisfied it matters not the least what is the nature of his office, whether the duties he is performing are of an exalted character or very h..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ...... ......rvices of the plaintiff. It is not enough to say that though he has been found guilty under Clause 21 (B) (XII) his services are terminated under clause 21 (A) and that this termination is lenient in nature. This change from Clause 21(B) (XII) to 21 (A) in dispensing with the services of the plainti..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
.... 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. ...... allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......, (2) that the Import Policy Order which was issued in exercise of the powers conferred by Section 3 (1) of the Act of 1950 did not authorise the Central Government to levy any imposition of the nature of price differential, (3) that the piece differential surcharge is a tax or duty which ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....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. ......adud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......right in embryo which has not yet been born.” 55. On a careful examination of the facts of the case, it appears that the above noted observation is rather unwarranted, which is also in the nature of obiter dictum. The learned Chief Justice while following the decision of the Privy Council..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....al is dismissed, but having regard to the facts and circumstances of the case and the question involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ...... involved, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 190. ......called for. 18. We now turn to the third question of the leave order. This question has partly been answered in the second question. Mr. Islam's contention is that the dispute of the present nature has been specifically dealt with in section 25 of the Standing Orders Act and therefore it co..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ......se is also Reported In: 28 DLR (AD) (1976) 133. ......thin the statutory definition of enemy and the sovereigns having been enemy property at the material times. This decision has given a strict construction of the definition so that voluntary nature of residence has not been 'excepted' from the meaning of 'resident in the enemy territory'. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
....
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
......er make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......ppearing on behalf of the respondent Nos. 1, and 3, submitted that the government had authority to withdraw the lands in question from acquisition and the decision to withdraw being administrative in nature its propriety cannot be questioned. Secondly, the impugned order allows that the petitioners&..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
M/s. Amin Jute Mills Ltd. Vs. M/s. A. R. A. G. Ltd., 1975, 4 CLC (AD)
....or interference in the decision of the High Court. The appeal is dismissed with costs. Ed. This Case is also Reported in: 28 DLR (AD) (1978) 76. ...... This Case is also Reported in: 28 DLR (AD) (1978) 76. ......rty may suffer loss in his capital or in profit, or in both. These are illustrative and not exhaustive, because loss may occur in various other ways depending upon the facts, circumstances and the nature of each transaction. The governing ideals that the party in breach must equalise the injur..Category: Contract Law | Date: 31 Jul, 1975 | Hits: 240
....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
...... any order as to cost.
Shahabuddin Ahmed J. — I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 487
......hat in passing the impugned order the Revenue Secretary did not deny the petitioner the opportunity of being heard and cannot therefore be said that in passing such order which is of a quasi-judicial nature be violated the principle of natural justice. The objection as regards the non-filing of an a..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ...... Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ......ard to the distinct functions performed by a "dealer" and a "contractor", one bearing no similarity with other, and the other incidence; showing the difference in their status and nature of activities, we are of the view that the petitioner cannot be considered to be a dealer in ..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ......has alleged to have served, on the objector is not correct It was served on one Mr. Shahabuddin on a false representation who is not his. Advocates and when he realized his mistake he disowned his signature as recipient of the copy on the ground that he was not a filing lawyer of the plaintiff objec..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
.... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......acharya J
A.S. Faizul Islam Choudhury J
Abdul Awal and others…………………………….Appellants
Vs.
Mofasiluddin Ahmed and others……………Respondents
Judgment
April 30, ......ridor, a huge C. I. sheet, all on a sudden, came through the said door opening in a slanting way and fell upon his both the feet. The defendants have been unable to suggest any other theory as to the nature of the incident and their witnesses have rest contended by merely denying the incident altoge..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ......ourt Division (Civil Revisional Jurisdiction) Present: D.C. Bhattacharya J S. M. Mohsen Ali J Messrs. Haji Azam………….....Petitioner Vs. Singleton Binda & Co. Ltd. Binder............Opposite Party Judgment April 23, 1975. ......rising either from the character of the latter as an International person or from its purely political treaties. Thus treaties of alliance or of arbitration or of neutrality or of any other political nature fall to the ground with the extinction of the State which concluded them. They are personal t..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
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