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Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)

.... ob­servation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......neer, BADC by a letter dated 17-7-79 that the charges of misappropriation of oil against' him had been established during the enquiry and accord­ingly B.A.D.C. decided to dismiss him from the service. The petitioner also in the said letter was asked to submit his explanation if it is so desi..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

....as an advocate before subordinate Courts in Bangladesh for a period of two years; (b) he is law graduate and has practiced as an advocate before any High Court outside Bangladesh notified by the Government in the official Gazette; (c) he has, for reason of his legal training or experience ......­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..

Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....cumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; B.R. Bhuiy......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42.       ..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

.... Hotel which was then the Office of the District Peace Com­mittee and produced before the accused. The accused told P.W.1 that he was helping the Bangladesh movement and was opposing the Pakistan Government. He directed the two Biharis to take P.W.1 to Pak Military at the police line where P.W.1......pur police station alleging that one Abdul Jalil Mridha, a Razakar un­der his Peace Committee was indulging in mischievous activities of various kinds and requesting that he be dismissed from the service of Razakar. A Copy of this petition of complaint was also forwarded to the Chairman, Dist. P..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

....o give different interpretation of a provision, and means, therefore, have to be provided, for the resolution of such conflict. Written Constitution provides a standard by which the legitimacy of the Government's action is to be judged, and it is the function of the Court, which, is endowed with......id two cases. We can gather other reasons from the Constitution. We find that in the Constitution, for the first time, a new conception has been introduced that of 'disciplined force', in the services of Bangladesh, and in the interpretation clause, it has been rather described than defined,..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....t of the plots to their shareholders when they received the notice of requisition which covered their purchased land. The requiring body, the petitioner alleges, has been floated by a handful of high Government officials and businessman, who had ho earlier experience or performance to their credit. ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407   ..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Managing Partner, Messrs, Bank Line Na¬vigation Company Vs. Chairman, Second La-bour Court, Dacca and other, 1981, 10 CLC (HCD)

....is single act of neglect would not amount to a misconduct under Employment of Labour (Standing Orders) Act. In terms of the conditions of the survey certificate issued by the Marine Department of the Government these vessels were not to ply at night but in violation of the conditions of certificates......ed an application before the Labour Court under Section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 upon the allegations that they had been wrongly dismissed from their services. Their allegations are that the petitioners issued charge-sheets against them alleging negl..

Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2

A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)

....ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ......was the most senior man in the Eng­ineering Pool and as such he was entitled to be promoted to the next higher grade but sev­eral promotions have been made superseding him in violation of the service rules and the constitutional guarantees as provided by Fun­damental Rights of the consti..

Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....din Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Hom......9;s husband of Towab, a citizen of Bangladesh by birth. Towab was the Chief of the Air Staff and the Deputy Chief Martial Law Administrator of Bangladesh till 13-4-76 when he resigned from the active service and left Bangladesh on the same day i.e. 13-4-76 and went to Federal Republic of Germany and..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)

....plaintiff corporation decided that they would not require the balance quantity of 437½ L/tons of paddy seeds and so there could not be any question of non-performance of the contract, that the Government of India declared a state of Emergency on 20.10.62 and the defendant No. 2 could not supp...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ..

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

.... facts and circumstances of the case. 13. We accordingly direct the Bureau of Ami-Corruption to take appropriate and necessary steps in consultations with the Deputy Attorney General (Criminal), Government of Bangladesh to prosecute the delinquent under the law and lodge complaint before the Sp......er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2

Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....on (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J Abdul Matin Khan Chowdhury J Sasanka Sekhar Bose @ Mona Bose....................Appellant Vs. Government of Bangladesh.........................Respondent Judgment May 5, 1981. Re......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ..

Category: Procedural Law | Date: 5 May, 1981 | Hits: 2

Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)

....hellip;……………………………….. Respondent  Judgment April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art......are to be performed in private capacity. The title of P.O. 67 of 1972 is "the Government of Bangladesh (Services Screening) Order" and the preamble shows that all the persons who are in the service of Bangladesh are within it and since the object of the enactment is to make the Government ..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

.... the Dacca Municipal Corporation to comply with the provisions of the Model Tax Schedule, under section 35 of the Municipal Administration Ordinance, 1960. It is admitted by both the parties that the Government had direc­ted by notification that the levy of Munici­pal Tax and Urban Immoveabl......elied on the deci­sion of this Court in the case of American Life Insurance Co. Vs. Dacca Pourashava, re­ported in (1979) 31 D.L.R. (A.D ) 276. The majority view is that the rates charged for services for providing street lighting and con­servancy cannot be levied separately from what is..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

....the Sub-Inspector of police and the police consta­bles were committed while acting or purporting to act in the discharge of their official duty and they acted in their capacity as servants of the Government and as Public Officers and as such sanction under section 197 of the Cr.P.C. is necessary......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)

....lip;……… Respondent  Judgment February 10, 1981 Result: Appeal is dismissed Trade Organization Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, meas......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467     ..

Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113

Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)

....ity could not exercise the inher­ent Power at will. It appears that the learned Judges of the High Court Division have not seen the case from the proper perspective, namely, that the stand of the Government is that the respon­dent was never selected by the Selection Board, but somehow by mis......g inter alia that he was appointed as a Custom Inspector on 17.8.77 and he duly joined that post on 22.8.77, but while on duty he received the impugned order dated 28th December, 1977 terminating his services from 15th January, 1978 without assigning any reason whatsoever; that he filed an appeal to..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....973, otherwise penalty would be imposed. The Taxation Officer, Narayanganj by another letter dated 8th August, 1973 asked respondent to show cause why penalty should not be imposed for non-payment of Government dues. 5. Having failed to get any relief, from the appellants, respondent filed Writ......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)

....any, a banking company or a bank, a broker's office or stock exchange, a club, a hotel or a restaurant or an eating house, a cinema or theatre, or such other establishment or class thereof as the Government may, by notification in the official gazette, declare to be a commercial establishment fo......or any class thereof which the Government may, by notification in the official gazette, declare to be an industrial establishment for the purpose of this Act, and includes- (i) any motor omnibus service, any dock, wharf or jetty; (ii) any mine, quarry, gass-field or oil-field; (iii) a..

Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0

Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)

.... the property becoming enemy property and the rele­vant passage may be quoted. "Upon a true construction of the laws afore­said, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the property remains subject to the overridin......sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ..

Category: Property Law | Date: 8 Jan, 1981 | Hits: 2