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

....he ground that his services are no longer required. This order of termination of service has been challenged, this time also, on the same ground of malafide and violation of the principles of natural justice. Respondent No. 1, the Corporation entered appearance by filing an affidavit in opposition d......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

Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)

....ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ......ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ..

Category: Election Law | Date: 23 Nov, 1978 | Hits: 206

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. ......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)

.... 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 ......greement has been made with this creditor according to which the debt would be paid by monthly installments within 10 years. 5. The petitioner submitted a supplementary affidavit along with some documents to show that Alauddin's shares were transferred equally to him and respdt. No. 1 and n..

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

Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

....e there-fore, submitted the continuation of further proceedings against the petitioners, would amount, to an abuse of the process of the Court and the fad proceeding should be quashed for the ends of justice. 5. Mr. S. M. Huq, the learned Advocate appearing on behalf of the complainant opposite...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..

Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1

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

.... being heard. The language of Article 7 clearly contemplates giving the delinquent officer all chances to de­fend himself and ensure fair trial and it is in compliance with the principles of natural justice. 9. While it is open to a domestic Tri­bunal enquiring into the conduct of an officer......ling an affidavit-in-opposi­tion in which the material allegations were denied. It was, inter alia, contended that the respondent was given an opportunity to submit his written reply, to produce all documents in support of his defence and was also given a personal hearing. It was contended that the..

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)

....e requirement of presence of community of interest amongst the parties to a suit for partition a stranger could not be impleaded even when his presence was found necessary for doing full and complete justice to the parties in one action. Widely, prevalent practice of henami transaction in our countr......the sale certificate and the copy of the writ of delivery of possession and the registration delivery ticket of the deed of release to his maternal uncles, defendants Nos. 2 and 3, in good faith. The documents were not returned to defendant No. 1 and the plaintiff procured the same from defendants. ..

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

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

....r arsenic no other poison was detected. He must also state the grounds on which he arrives at that opinion. A perfunctory report as we had noticed in the instant case, may well lead to miscarriage of justice, more so when such opinion is held to be conclusive evidence on the point of guilt or innoce......ve been very ably set out and discussed by my 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 Exa..

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

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.   ......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.   ..

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)

.... “The preponderant view appears to be that law is not the will of a sovereign. Law is a body of principles-called rules or norms-recognized and applied by the State in the administration of justice. It must have the contents and form of laws.” His Lordship considered Article&nbs....... 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.   ..

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   ......n a civil Court under the Code of Civil Procedure, 1908, including the power of:- (a) Enforcing attendance of any person, and examining him on oath, and (b) Compelling the production of any document. (7) Within thirty days from the date of an order under sub-section (4), an appeal fro..

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.   ...... 2. The appellant as plaintiff filed the suit and put his valuation at Rs.234/-. Summon were issued on the defendants who filed written statement which was accepted on 10.4.63. Parties filed their documents and issues were framed on 13.6.63. Case was opened up on 20.1.64. On that date on a perusa..

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

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     ......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)

....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.     ......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

Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)

....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259.   ...... to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land a co-sharer cannot exclude another co-sharer's title to it…. The inferences drawn from documents as to the absence of hostile title and ouster of a co-sharer are questions of facts, and t..

Category: Property Law | Date: 22 Mar, 1978 | Hits: 2

Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)

....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311.   ......plaintiff No. 1 executed a meadi patta for 20 years on receipt of Rs.100/00 as advance rent on 26-10-60 and the defendants were given possession in the suit land. The plaintiff's case is that the document, thought described as meadi patta, was in fact a mortgage deed. The defendants had enjoyed ..

Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1

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

....Re­gulation 12(ii). In the context of the Regula­tions Dr. Husain submitted that the services of the appellants were lawfully terminated and there was no violation of the principle of natural justice. 9. Bangladesh Bank (Staff) Regulations have been framed to define the conditions of se......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

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

....ed in the charge-sheet dated 4.5.77, although he had been charged with some minor offence punishable by censure, stoppage of increments etc. He submitted a representation to the respondents demanding justice. Thereupon, the respondents informed him that he was in fact dismissed in connection with a ......, 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   ..

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

Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)

....has failed to show from his affidavit-in-opposition or from his file whether any notice in this regard had at all been served on the petitioner. There is a clear violation of the principle of natural justice that a man should not be adversely affected without a hearing, and compliance of this princi......The petitioner proprietor of M/s. Boys Hosiery, imported on a valid import license 1008 Lbs. of Nylon yarns in 15 cartons from Hongkong by International A.W.B. dated 16.1.73. He received the shipment document. While he was procuring other relevant papers necessary for the release of the imported goo..

Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2

Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)

....r's case is centered on the question of re-instatement, and the peripheral ground that the impugned order is violative of Article 135 of the Constitution and of the principle of natural justice, though taken in the petition, have not been seriously urged before us. We do not think the ...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111     ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1