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....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......all shares and proprietary and other interests, as,have not already vested in the Government by or under any law for the time being in force, shall by virtue of this Article and with any further proceeding or formality, stand vested in, and allotted to, the Government free of any trust, mortgag..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......ate authority against Enquiry officer when it found the delinquent not guilty. Unless violation of the procedure laid down in section 18(1) or any unfairness or bad faith or mala fide is found in the proceeding before the enquiry officer Labour court cannot reverse his finding. Reinstatement in..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......notice upon the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed between the last occasion when the Court had dealt with the proceedings and the submission of the report, it is only fit and proper, and, indeed there is a prac..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ...... order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 5.8.78 in M.L. Case No.37 of 1978 by the S..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......rt of sub-section (1). Sub-section (4) provides the period of limitation for the remaining co-sharer tenants or the tenants holding land contiguous to the land transferred, to join in the pre-emption proceedings. This period of two months begins to run from the service of notice of the applicat..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
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 ......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 civil action by way of recovery of damag..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......tion the preemption case fails. On the death of the pre-emptor this right is not lost, because, the pre-emptor's heirs or their heirs inherit the right along with the land. In a pending proceeding the heirs are entitled to be substituted in the place of the deceased pre-emptor and..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
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 ......ultimately led, according to him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some base-less charges it is alleged. In the first proceeding, the allega..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
....t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......anged so much in the subsequent years from the situations prevailing in February, 1972 when the President's Order No. 16 of 1972 was promulgated that the Government has to be cautious to intimate proceeding under President's Order No. 16 of 1972. So as to take properties which were not aband..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....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
......service. When the case of termination was raised in Bihar Legislative Assembly the Chief Minister stated that the Munsif's service not being satisfactory the government first considered drawing a proceeding for removal from service but a termination of service was specifically provided for in th..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......appeal, whether on its own motion, or ex-parte, dispensing with service of such notice on any respondent who did not appear, either at the hearing in the Court whose decree is complained of or at any proceeding subsequent to the decree of that Court or on the legal representatives of any such r..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
...... the Chief Secretary, Government of Bihar, directed the Deputy Commissioner that the record of the case pending before the magistrate should be sent to the Government for examination and that further proceedings of the case should be stayed. The High Court, when moved in revision, by the complainant..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
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. ......te-For the Opposite party S. R. Pal and M.H. Khandker, Advocates- Amicus Curiae. Civil Revision No. 760 of 1967 Judgment Abdul Wadud Chowdbury J. - This Rule arises out of a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act and is directed aga..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 ......tion Report to the Police against them. The police after investigating 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..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
.....
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
......r.
10. Asrarul Hossain the learned Advocate appearing on behalf of the petitioner argued that due to the non-compliance with the provision of Rule 5 (e) (i) (iii) and (v) of the Rules the entire proceeding has been vitiated and the order, of compulsory retirement has been passed without lawful ..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....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
......lity of taking a different view on the basis of the materials in the Government file could not be altogether ruled out. It is, therefore, difficult to see how in the facts of the case, a disciplinary proceedings with all its attendant formalities and uncertainties could be more beneficial or advanta..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......riae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgment Rahul Islam J.- This contempt proceedings started on a suo motu Rule issued by this Court against Abdus Sobhan, appellant in Civil..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
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 ...... by such measurement; thirdly, that the penalty imposed was in excess of the powers conferred on the Assistant Collector of Customs under Section 182 of the Act; Fourthly, that the impugned proceedings are hit by section 198 of the Act as those were started about 2 years after th..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
....bunal or to quash the proceeding pending before the Special Tribunal in exercise of power under section 561A of the Code of Criminal Procedure. The application by the accused petitioner for quashing the preceding in question by this Court is thus also not maintainable.
The rule is acc......kerganj and opposite party informant Khorshed Ali Bepari to show because why the impugned orders passed on 24-3-77 and 27-7-77 in Special Tribunal Case No. 68 of 1977, should not be set aside and the proceedings against the accused petitioners should not be quashed. The facts of the case, briefly st..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
.... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
...... whether a relief not sought by the petitioner could be granted by the Court and whether a writ for mandamus would lie for enforcement and in the event of non-compliance of such writ whether contempt proceeding could be initiated validly. The learned Attorney General has relied on the following pass..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
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