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Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)

....urt will be set at naught We are, therefore, clearly of the view that termination of service means termination which is provided either in statutory rules or in terms of contract and that there is no scope for termination by inherent power in which case the position of the employees will revert to t......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

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. ......ether the High Court could in its inherent jurisdiction recall or reverse an order made and signed by it. Mushtaq Hussain, J. of the Lahore High Court in Cr. Misc. Case No. 4303 of 1969 cancelled the bail of the respondent. Against that order the respondent filed an application under section 56..

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

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

....hares of his mother, but these are B-Class shares having no right to vote and as such in voting rights both the brothers got equal number of shares. Under Ext. 1, Articles of Association, there is no scope of casting vote by the Managing Director. Even if we accept the contention that Mrs. Zohura Kh...... 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 ..

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

Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

....ined by him. Prosecution must lead clear evidence to show the identity of the matters meant for chemical examination from its origin till they reach the Chemical Examiner so that there may not be any scope to doubt the identity of the matters at any stage. In the instant case we have no means of kno......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ..

Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1

Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

....itation as found in prerogative writ of certiorari. The command for directing a person for refraining from doing which is not permitted to do or to do with which he is required by law to do has wider scope than prerogative writ of mandamus. While considering the writ of habeas corpus the constitutio....../448/364/302 and 201 B.P.C. read with Special Powers Act. After submission of the charge-sheet some of the accused persons surrendered before the Sub divisional Magistrate and obtained bail pending trial. 4. The case was sent to the Special Tribunal, Mymensingh for trial and it w..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)

....or extending the meaning of the terms "application" and "order" which they do not in reality imply but the statute requires them to be as such. Subsection (2) does not enlarge the scope, object and purpose of sub-section (1). The procedure prescribed in the subsequent sub-section......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421   ..

Category: Property Law | Date: 2 May, 1978 | Hits: 1

Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)

....n-service training". This deponent became the Chairman of the Department of Library Science on 1-7-76 when the session of study to which the petitioner belonged was already over and there was no scope for arrangement of "in-service training" of the students concerned. In such situatio......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. ..

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

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....er High Court and this view that was taken on the interpretation of the proviso requires modification. It is profitless to reiterate the principles which have now been well settled as to the meaning, scope and extent of section 145 Cr.P.C. The wordings of the section are same from the very......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169     ..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....er High Court and this view that was taken on the interpretation of the proviso requires modification. It is profitless to reiterate the principles which have now been well settled as to the meaning, scope and extent of section 145 Cr.P.C. The wordings of the section are same from the very......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169.     ..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1

Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)

.... Regulation. Contention of the appellants is that Regulation 12(ii) is not applicable to a permanent staff of the Bank, but, on the other hand, respondent's contention is that there is hardly any scope for advancing argu­ment that Regulation 12(ii) is only appli­cable to an employee of t......ns we do not find any substance in the contention. Therefore, the appeals are dismissed with­out any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..

Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168

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

....rred under the provision of section 42 of the Specific Relief Act is not properly appreciated and a wrong Interpretation has been sought to be given by the learned Advocate Mr. Zahir on the scope of section 42 of the Specific Relief Act. Mr. Ishtiaq Ahmed has submitted that on am......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

Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)

....ionalised Industry its employees will not be automatically entitled to the benefit of any national pay scale in absence of its implantation. It appears that the learned Labour Court, misconceived the scope of section 34 of the Ordinance and confused between a claim and right. It appears fu......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ..

Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1

A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)

....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......th Special Case No.4 of 1972. 2. The facts of thecase giving rise to the rule, in brief, are that in the Special Case No.4/72thekernedAdditionalSessionsJudge and Ex-officio Special Judge granted bail to the petitioner No.3 or a bail bond of Rs. 2,000/-supported by two surety bonds one from loca..

Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1

Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)

....n. Hence the above Rules. 5. Mr. Md. Abdur Rouf, the learned Advocate in support of the Rules contended before me that the learned Court below failed to exercise its jurisdiction in deciding the scope of Order 9, rule 13 of the Code of Civil Procedure in a Proceeding under section&nbs...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407   ..

Category: Property Law | Date: 17 Nov, 1977 | Hits: 2

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

.... petitioner's case that oil reservoir tanks do not form part of the "holding" as defined under section 2(1) of the Urban Immoveable Property Tax Act, 1957. There is hardly any scope for disputing that oil reservoir tanks are "structure" of a permanent nature and the......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....is what is meant by the "maintenance of supplies and services essential to the life of the community". While the law making authority in the defense of India Act, 1939 did not spell out the scope of activity in this field, either by definitive section or by creating an offense, rule 81(d) ......er rule 5(1) of the Emergency Powers Rules. It appears that a F.I.R. was lodged against the detenu about smuggling of 77 tolas of gold. There was, therefore, a specific case and though he was granted bail he could not come out because an order of detention was passed. This detention order was challe..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)

.... 9, 1977. Result: The Rule is discharged. Right of preemption under section 96 of the State Acquisition and Tenancy Act is a statutory right and is to be exercised within the scope of the statute itself. There is no embargo in the State Acquisition and Tenancy Act that the r......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75.         ..

Category: Property Law | Date: 9 Aug, 1977 | Hits: 2

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

....pertaining to the jote of Aftabuddin Sarkar on the basis of purchase for a consideration of Rs. 50/- and that the land was fit for assessment of rent but there was no pay­ment were not beyond the scope of the survey held under Chapter X Part 1 of the Bengal Tenancy Act, 1885. According to sectio......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)

....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.   ......302/307 of the Bangladesh Penal Code was started. One Rahmat Ali was arrested in connection with that case and pro­duced on 14-10-1971 in the Court of the Sub-Divisional Magistrate. The prayer for bail of Rahmat Ali having been refused he was taken into custody. Other accused including the appe..

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

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

....in the language of the two provisions, namely, rule 57 of the Union Parishad and Paurashava (Election) Rules, 1973 and Section 27 of the Local Government Ordinance. 1976 there is hardly any scope for contending that Election Tribunals appointed by the Government under section 27 ......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