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Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)

.... authority and is of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 151     ......sputed. The respondent entered appearance by filing an affidavit in opposition in which they cited a Circular Instruction lamed on 22.7.74 from the Police Directorate to the effect that if any police personnel on duty shows cowardice and surrenders arms to miscreants without offering resistance he s..

Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1

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       ......ed him to resume his duties after considering his case. As such the impugned order is liable to be declared to have been passed without, any lawful, authority, particularly where mere conviction of a person in court does not necessarily result in dismissal from Government service. 5. It appears..

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

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. ......ting should be the criteria for construing the word 'or' in rule 40(4). The responsibi­lity of putting the official mark as we already have seen has not been placed on any parti­cular person, whereas the initial is to be put by the Polling Officer. It shows that while Polling Officer..

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. ......ngers and it was used for the miscreants to cross the border at night via Haluaghat. It is further stated that the detenu and others used to collect information about the movements of Police and Army personnels near the border and pass on the same to Kaderia Bahini. It is further alleged that the de..

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 ...... since then no General Meeting of the Company was called by the Managing Director who began to run the affairs of the Company himself ignoring the law and the Board of Directors with a view to making personal gain out of the business of the Company at the cost of the Company as well as the appellant..

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

Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21   ......in any way in this case as the petitioner held this post continuously for a considerable period. It is a settled law that the constitutional protection in Article 135 is also available to a person who holds a temporary post of indefinite duration for a considerably long period. Reference m..

Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1

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 ...... in that the petitioner did not hold any whole-time office of profit either under the government or under any local authority as referred to in the said Article 9 are quoted below: 9(2). "A person shall be disqualified for election as, or for being a, Chairman or an elected member of a Uni..

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.     ...... ' urgent requirement of keeping peace at any place; In the passing of an Order u/s 13 of the Police Act ho decision regarding the question of possession of any property is-taken by the person who passes the order, only object of it being to protect the peace of any place. That being t..

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. ......  urgent requirement of keeping peace at any place; In the passing of an Order u/s 13 of the Police Act ho decision regarding the question of possession of any property is-taken by the person who passes the order, only object of it being to protect the peace of any place. That being t..

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

R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)

....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346.     ......Ordinance gives the government powers to determine terms and conditions of service of 'workers' employed in State-owned Manufacturing Industries, like the Textile Mills. It is applicable to a person who is 'worker' as defined in Article 2(c) thereof. It is quoted below: &ld..

Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3

Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)

....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424.   ......Bibi filed a petition for final decree in terms of the preliminary decree The learned Munsif however, rejected the petition mainly on the ground that the order dated 16.4.31 was not challenged by the persons effected thereby and that it was filed after a long lapse of 43 years by the heirs of the or..

Category: Property Law | Date: 20 Jun, 1978 | Hits: 3

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 ......erwise satisfies the requirement of. clause (VA) of Schedule II, Art. 17 of the Court Fees Act would go out of the preview of that Clause, if the plaintiff joins as a defendant a stranger, that is, a person who is not a co-sharer or co-owner, for enforcing in his presence his (the plaintiff's) r..

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

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

....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.     ......is of the greatest importance in a case of poisoning that the substance found by the Chemical Examiner must be connected with or traced back to the articles removed or taken from the dead body of the person in the case. It well settled that if a fact is intended to be relied on by the prosecution, i..

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

A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)

....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ......fficer of the Bangladesh Army and is subject to a military law, particularly, Regulations Nos. 291, 292 and 293 of the Army Regulations Volume 1 (Rules).These Regula­tions put a positive bar to a person subject to military law to seeking any election, such as the Presidential election. But this ..

Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4

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.   ......istrator. On 21st April, 1977, President A. M. Sayem resigned from the office of President after appointing Major General Ziaur Rahman as the President and since then both these offices merged in one person again. But though the country was placed under Martial Law the Constitution of Bangladesh, 19..

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.   ....... 3. The learned Sub-divisional Magistrate taking cognizance forwarded the petition to the Q.C. Bajitput P.S. whereupon Bajitpur P.S. Case No 203(3)/76 dated 9-3-76 was started against 7 accused persons under sections 148/149/448/302/364 B.P.C.read with section 26 of the Spe..

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   ......the applications for addition of parties are misconceived and not maintainable. It is, therefore, necessary to consider what section 143A stands for. It runs as follows: “(1) Any person aggrieved by an entry or omission of entry in the recorder rights prepared or revised and fin..

Category: Property Law | Date: 2 May, 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     ......eedings has been made under sub-section (1) of section 145 or such orders are to be deferred until notice of an order under sub-section (1) of section 145 hat been served upon the persons who may be affected by such order.” 6. The learned Judges noticed the decision of..

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.     ......eedings has been made under sub-section (1) of section 145 or such orders are to be deferred until notice of an order under sub-section (1) of section 145 hat been served upon the persons who may be affected by such order.” 6. The learned Judges noticed the decision of..

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.   ......record (Ext. 2) indicated that Jasmat Sardar has acquired a tenancy right in the suit land and that there was no evidence that during his life the land was taken back from him and given to some other persons as borga by the plaintiffs predecessors, that the plaintiffs had no possession within 12 yea..

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