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A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)

....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88       ......s. Md. Nimayamatullah Farukh) in that case the lordships of the Supreme Court of Pakistan held: “There can hardly be any dispute with the rule as laid down in this case that apart from the provisions of section 21 of the General Clauses Act, locus poenitertiae. i.e. the power of..

Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8

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. ......ion to the detenu to enable him to submit representation to the Government or for production of the detenu before the Advisory Board. The Emergency Powers Rules was amended on 18.8.77 and the amended provisions contained provision for communication of the grounds of detention and for production of t..

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

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

....1972 was held till the controversial election of the additional Director was held. No Profit and Loss Account for these years was also audited and submitted to the Board of Directors. As to why these mandatory duties of respdt. No 1 were not done till the undertaking were given on 22-6- 73, no reaso......of Mr. Hossain is that in his earlier petition for winding up (Matter No. 15 of 1973) the appellant had referred to Articles 18, 21, 55 and 56 of the amended Articles of Association alleging that the provisions of these Articles were contravened by respdt No. 1 by not calling the Annual General Meet..

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

Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)

....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ...... Penal Code, and for the purpose of regulating his conduct and taking disciplinary measures when necessary he will be subject to the Government. Servants' (Efficiency and Discipline) Rules. These provisions do not necessarily make him a government servant. 6. Now, if he is not a Government ..

Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66.     ......uch force shall be exclusively under the orders of the District Superintendent, and shall be at the charge (i .e. cost) of the person making the application.” On a reading of the aforesaid provisions of section 13 of the Police Act it will appear that it is for the Inspector-Gen..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......Such force shall be exclusively under the orders of the District Superintendent, and shall be at the charge (i .e. cost) of the person making the application." On a reading of the aforesaid provisions of section 13 of the Police Act it will appear that it is for the Inspector-Gen..

Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1

Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......in ques­tion to be not less than Rs. 240,000/- which was beyond the known sources of the respondent's income. The said Board further held that the respondent committed misconduct by contravening the provisions of Service Rules which require the Government servant to take permission from the Governm..

Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96

Abdul Majid Howladar Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others, 1978, 7 CLC (HCD)

....n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ...... the name of a stranger, but was pushed to a troublesome and time consuming title suit. the Court Fees (Bengal Amendment) Act, 1935 (Bengal Act VII of 1935) for the first time introduced two specific provisions for suits for partition by incorporating paragraph VIA a in section 7, for the plain..

Category: Property Law | Date: 14 Jun, 1978 | Hits: 2

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......ch are void. Mr. K. A. Bakr, the learned Attorney General on wham a notice of the applications was served has appeared Jo oppose the applications. The learned Attorney General has referred to certain provisions of the Proclamations and Martial Law Regulations and Orders and contended that in view of..

Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3

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

..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371.   ......as submitted on 31-3-76. But the case transferred to the Martial Law Court from the Special Tribunal on 23-12-76 as per Notification. It has been sated in the affidavit-in-opposition that none of the provisions containing Article 31 or any other Article of the Constitution is attracted as ..

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

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

....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   ......rned Advocate appearing for the opposite parties in both the Rules, contends that section 141 of the Code of Civil Procedure and Order 1 rule 10 have no application in the special provisions for correction of record of right under section 143A of the State Acquisition a..

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

Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)

....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180.   ......t the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such no appeal lies from that order. 5. The learned Munsif determined the question of valuation under the provisions of section 8B(1) Court Fees Act and not under section 6(2) of the sai..

Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1

Saifuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Manage¬ment Board, 1978, 7 CLC (HCD)

....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 107 ......t of title between two parties claiming title adverse to each other. Admittedly, the opposite parties are lessees under the Enemy Property Authorities and the lease was granted in accordance with the provisions of Enemy Property (Lands & Buildings) Administration and Disposal Order, 1966 (herein..

Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3

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

....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. ......ut it. 7. Let us, first, examine the law bearing on the subject. The Dacca University Order, 1973 (President's Order No. 11 of 1973) by Article 40 provides as follows: 40 subject to the provisions of this Order and the Statutes, the University Ordinances may provide for all or any of t..

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)

....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     ......to when a Magistrate acting under section 145 Cr.P.C. can pass an order of attachment of the subject of the dispute. It is opined that difficulties arise when the proviso is read with other provisions of section 145 Cr.P.C. and subject to the principle of natural Justice and finally e..

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)

....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.     ......to when a Magistrate acting under section 145 Cr.P.C. can pass an order of attachment of the subject of the dispute. It is opined that difficulties arise when the proviso is read with other provisions of section 145 Cr.P.C. and subject to the principle of natural Justice and finally e..

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

Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)

....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.   ...... in kind and it need not be a fixed amount, there is nothing in law to prevent a landlord from accepting a variable or fluctuating quantity off he produce of land as rent. Therefore, according to the provisions of law, as were in force before 1929, I here was nothing inherently inconsistent between ..

Category: Property Law | Date: 21 Mar, 1978 | Hits: 3

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

....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. ...... it clear which provides that no­thing in sub-Regulation (ii) shall affect the right of the Bank to retire or dismiss an em­ployee without notice or pay in lieu thereof in accordance with the provisions of Regula­tions 13 and 22 and clause (b) to determine the services of the employee wi..

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

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

...., any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 222   ......aw the order of dismissal he moved this court and obtained the rule challenging the legality of the order of dismissal on the ground that it was in contravention of rules, violative of constitutional provisions and mala fide and seeking a declaration that it was made without any lawful authority and..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5

Commissioner of Sales Tax, Chittagong Zone, Chittagong Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta¬gong, 1978, 7 CLC (HCD)

....ayed for certificate to appeal to the Appellate Division which is refused. Abdul Momith Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 226.   ......ufacturer. The department, as it appears, has taken the view that the case is one that has escaped assessment. Specific provision has been made for issuance of notice for escaped assessment under the provisions of sec. 28 of the, Sales Tax Act. When a specific provision has been made in th..

Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2