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Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....IR 1949 Mad 307; Mohammad Abul Vs. Fakir Janan Begum, 49 JA 195; Gani Mia & other Vs. Wazid Ali, 39 CWN 882 s McEvoy Vs. The Belfast Banking Company Ltd., 1935 AC 24. Lawyers Involved: Khandoker,Mahbubuddini Ahmed with Md. Shafiqur Rahman, Advocates- For the Appellants. Fakir Abdu......fendants-respondents. The learned Advocate for the appellants firstly contended that the Court below was wrong in not considering that all the witnesses to a transanction are not supposed to see note and remember all the facts and aspects relating to the same in the same way and slight variatio..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
....e of the Republic" add the petitioner is a full fledged Government Servant or a person holding a Civil post in the service of the Republic.
7. The learned Attorney-General has, on the other hand, contended that a Law Officer, such as the petitioner, is appointed to conduct cases of the Gov......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
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Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
....contention Mr. Rahman has relied upon a decision of the Patna High Court, 50 Crl Law Journal, (1949) 474 and also a decision of this Court in a case reported in 27 DLR, 342. Mr. M.M. Hoq on the other hand, has made strenuous efforts to support the intended enquiry taking the ground that it is not a ...... such an opinion. This may better be done by holding a confidential enquiry without communicating anything to the parties, particularly, to the complainant of the case which is subjudice. It is to be noted that false and malicious prosecutions are made very often in our country, and that in great ma..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....examine the witnesses examined against him in his absence and that he was also not heard in person. Mr. H.K. Abdul Hye, the learned Advocate appearing for the respondent Corporation has, on the other hand, referred to the record of the case and pointed out that the petitioner was given as many as 3 ...... 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 ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....se notice submitted his reply on 2nd November, 1976, wherein he elaborately stated that at time of admission of the two Cadets along with other normal procedure was followed and that he had no direct hand in the matter with the admission of the two Cadets. He further stated that due care was taken a.......
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
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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
...... 1.1.72 and his case was duly recommended by his superior officer on 29.10.74 (Annexure D) but after an inordinate delay the impugned order was passed on 11.6.77 (Annexure Fl. It will be pertinent to note in this connection that the allegations made by the petitioner in this regard, in his petition ..
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 ......et aside. 6. Mr. Hafizullah, the learned Counsel appearing for the other group of petitioners while adopting the arguments advanced by Mr. Joynul Abedin has further argued firstly, that the Boat note issued under Section 76 of the Act and duly signed by a Customs Officer ought to have..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)
....ial waters. Since these trawlers had entered into the Bangladesh territorial waters without authority, 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 a......two positions are far away from the 12-mile limit of Customs Waters. It appears that before the Collector of Customs this position of jurisdiction was raised but the Collector of Customs while taking note of the fact that the vessels were found away from the 12-mile belt observed that the Government..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
....' Writ Petition being No. 112 of 1974 and the Rule was issued on 5.3.74. It was stated that during the pendency of the said writ petition in pursuance of the Government decision to release/return/hand-over the specialised textile mills to the Bangalee shareholders/owners, the Bangladesh Textile ......nality certificate to establish their claim" and this was done "in connection with the Government's recent decision of disinvesting the specialised Textile Enterprises" It is to be noted that after the conference that was held on 22-6-77, the petitioner was pressing for implementa..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
....; on the contrary, the application was contested and was disposed of on merits and as such the petitioner is debarred from raising the question of jurisdiction at this stage. Mr. Hossain on the other hand had contended that when the statute debars respondent No. 1 from filing an application under se...... without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....General has tried to defend the impugned order of the Respondent taking the ground that the petitioner was not dismissed or removed from service but his services were terminated as he was a temporary hand and as such the termination did not amount to dismissal or removal as referred to in Article&nb......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....nor was considered by the Court in the said writ petition No. 357 of 1977. The Appellate Division of the Supreme Court of Bangladesh in the case of Krishna Gopal Bhowmick on behalf of the detenu Nim Chandra Bhowmick Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh in Crim. Appeal No......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. ..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... All, ER, 145. Ch. Div.; Focus Advertising Private Ltd. Vs. Ahoora Blocks Private Ltd. Company Cases, 1975, 534; 1965(2) All. ER 761(1961) 439; AIR (1971) SC 26,000. Lawyers Involved: M.H. Khandker, Abu Bakkar- For Petitioner. Asrarul Hossain-For Respondent No. 1, ...... 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
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....l Vs. Kabir Ahmed (1970) 22 DLR 231. In that case the party was present in Court with witnesses on the date of hearing. The learned Magistrate did not record the evidence of the witness. On the other hand, he dropped the proceeding on the ground that the case was pending from 1965 and that the parti......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. ..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
.... learned brother and it is not necessary to go into those, section 510 of the Code of Criminal Procedure reads as follows:- “510. Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government, upon any matter or t......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)
....anda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 (SC) 92; Kangeshari Haldar AIR 1960 (SC)457. Lawyers Involved: Serajul Huq, Amir Hossain Khandkar, Zakir Ahmed, Suranjit Sen Gupta, Sohrab Hossain and Kazi Shahabuddin Ahmed—For the Pe......aw that the highest judicial authority had to take and perform the task of Martial Law. He, therefore, declared that it is necessary to assume the powers of the Chief Martial Law Administrator. Be it noted when the 20th August proclamation was made the form of Article 148 was changed. The ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....s, by an amicable partition amongst themselves and pro-defendants, were possessing the same; that during the last C.S. operation Jasmat Sardar was possessing the suit land as a bargadar under Girish Chandra and others, the plaintiffs' predecessors, on delivering half of the produce of the land f......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....terpretation of Regulation 12(ii) of the Bank's Staff 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......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
....earned Advocate, are those which are required for the purpose of creating an article from its raw material stage to the finished product.
7. Mr. Rafiqul Haque, the learned Advocate, on the other hand, appearing, on behalf of the assessee, has submitted that a notice by a Sales Tax Officer under...... a jute manufacturer for its industrial process.
8. In so far as the contention of Mr. Mozammel Haque Bhuiyan, the learned Advocate that a notice can be issued under section 29, it is to be noted that section 29 is applicable to a person who is not a licensed manufacturer as the ..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)
....t touching the ballot papers of the other two polling stations and that insertion in respect of all the three polling stations, Mr. Hosein contends, is very much unlikely. Mr. Ahmed has, on the other hand, contended that the petitioner had alleged mistake In the counting of ballot papers In respect ......he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140 ..Category: Election Law | Date: 17 Feb, 1978 | Hits: 7
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