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....n opportunity of meeting the allegations made against him. He has further argued that if the petitioner was found to be inefficient, the Chairman could and should have proceeded against him under the relevant disciplinary rules which would have afforded an opportunity to the petitioner to establish ......fficiency.
3. The further case of the petitioner was that he was due to cross the efficiency bar on 1.1.72 which was duly recommended by his superior officers and the proposal with all necessary papers was forwarded by the superintending Engineer on 19.10.74 but the papers went round from one o......
Abdur RahmanChowdhury J
A.T.M. Afzal J
M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board..........Petitioner
Vs.
Secretary, Ministry of Power, Water Resources and Flood Control and another....... Respondents
Judgment
March 21, 1979.
Result:
......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
..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
.... of 1978). Judgment Rahul Islam J.- This contempt proceedings started on a suo motu Rule issued by this Court against Abdus Sobhan, appellant in Civil Appeal No.9 of 1978. 2. The facts relevant for disposal of the matter are as follows: The appellant Abdus Sobhan filed Civil App......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......Advocate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgmen......led on August 29, 1978. 5. On receiving the notice the appellant filed an application for adjournment of hearing of the contempt matter which was fixed on January 22, 1979 enclosing certain documents for his defence. The appellant also filed a reply to the written objection filed by the re..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
....d Appraisement of the Chittagong Custom House were given the power of imposing penalty without limit to the extent of the liability of any person to penalty in any case, adjudged by such officer. The relevant Notification is reproduced below:- “S.R.O. 107-In pursuance of the proviso to se...... 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 ......The rules are discharged. Lawyers Involved: Joynul Abedin-For the Petitioner (In Petition Nos. 247 to 281 of 1970) M. Hafizullah- For the Petitioner (In petition Nos.453 to 462 of 1970 and Petition Nos.14 and 26 of 1971) Anwarul Haque Chowdhury, D.A.G. with M.M. Huq, A.A.G.-...... 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 ..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)
....attract the mischief of Customs Act or any other law in force in Bangladesh. 2. Mr. Asrarul Hossain, the learned Advocate appearing for the petitioners in all the three cases has referred to the relevant provisions of the Customs Act, 1969 and the Territorial Water and Maritime Zone Act, 1974 a......out any lawful authority and 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) 256 ......………Petitioner (In Writ Petition No. 674 of 1977) M/S. Thaiwaree Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Respondents (In all the cases) ......out any lawful authority and 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) 256 ..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....ettle such fisheries with the Co-operative Societies, the order of the Government settling the fisheries with Respondent No. 5 was liable to be cancelled. The High Court Division has noticed the relevant rules and memorandum providing for negotiated settlement and concluded that these are mere ......ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ......ns of the Lewisham Union, (1897) 1 Q.B 498. Lawyers Involved: S.R. Pal, Sr. Advocate, with Md. Hannan, Advocate, instructed by M.R. Khan, Advocate-on-Record-For the Petitioner. M.H. Khandker Sr. Advocate, instructed by B.C. Panday. Advocate-on-Record-For the Respondent 5 C.P. 74......ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
.... a report in writing which has been sent by the learned Sub-divisional Magistrate to the Special Tribunal. The fact that in the meanwhile there was a judicial enquiry in the case is superfluous and irrelevant. The learned special Tribunal has made it clear that he has taken cognizance of the offence......ree to decide in a case where he does not agree with the conclusion of the Investigating Officer and he is satisfied from the facts of the case as appearing from the police report and other connected papers, that the offender should be placed. On trial for determining also whether he is guilty or no......bsp;
...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
.... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
......y the Government although no such case was made out. Hence applying the principle of promissory estoppel the least that can be said is that the appellants cannot be allowed to act inconsistently and the decision to release the Mill remains binding on them……………......eshi share-holders of Mohammadi Calendering and Printing Mills Ltd. to submit their claims for the return of the said Mill and accordingly the petitioner submitted the share certificate and all other documents. Respondent failed to return the said Mill to the Bangalee share-holders. It was further a..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
....f on construction of Section 2(XXVIII) of the Ordinance read with Section 34 of the same. Respondent No. 1 was a Supervisor in the employment of the petitioner, Sonali Bank at the relevant time and on certain allegation of misconduct he was dismissed from service by the petitione...... 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 ......(HCD) (1979) 240 ...... 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
....for affirming the oath of allegiance and the petitioner having continued to be an employee under the Railway administration, we do not see how under the law his right to be treated as such during the relevant period can be denied.
The ground urged by the learned Advocate for the Railway Board h......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) 338.
......an Chowdhury J
A.T.M Afzal J
Chairman, Bangladesh Rly. Board, Chittagong…………………Petitioner
Vs.
Chairman, Second labour Court, Dacca and another…………....Respondents
Judgment
February 22, 1979.
......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) 338.
..
Category: Labour and Industrial Law | Date: 22 Feb, 1979 | Hits: 1
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....statutory rules or in any contract of service, and that there can be no other kind of termination to made in the inherent power of the employer since the question of inherent power of the employers irrelevant when the law of master and servant is no longer applicable to employees of a statutory Corp......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. ...... No. 479 of 1978) Vs. M. A. Rouf…………………………………Petitioner (In Petition No. 538 of 1978) A.M.M. Rishid Ahmed and Ors…………Petitioner (In Petition No.540 of 1978) Md. Ruhul Amin&helli......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
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... that apart from the provisions of section 21 of the General Clauses Act, locus poenitertiae. i.e. the power of receding till a decisive step is taken, is available to the Government or the relevant authorities. In fact, the existence of such a power it necessary in the case of all au......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 ......nt: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J A.H.M Abdul Hai………………………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: Th......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 ..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)
....tive effect to the word "or". Mr. Khondker Mahbubuddin Ahmed, learned Counsel, however, supported the view expressed by the learned Judges of the High Court Division. 7. The rules relevant for the consideration of the question raised before this Court are sub-rules (1), (2) ......on of rule 40(4) of the Union Parishad Election Rules, 1976. 4. Correct interpretation of rule 40(4) has become necessary in view of the fact that some Tribunals are not counting as valid ballot papers which did not contain both the official seal and the initial of the polling officer and some ...... Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Abdul Matin………………Appellant Vs. Election Tribunal and Munsiff 2nd Court Comilla & another……………Respondents ......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
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....of the appellant as Chairman which he admits, but the date, 5-10-62, which is in different ink, has been denied by him. He has stated that some blank sheets of paper were produced to him at about the relevant time by Jahiruddin and he put his signatures thereon as required by Jahiruddin for certain ......ontended that the petitioner was quite literate having knowledge of English, and that it is unusual on his part to sign any document, like Ext. 8, without reading it or putting his signature on blank papers, as Ext. 9 which could be converted into a valuable document. The petitioner in his depositio...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ......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
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....Attorney General has appeared on their behalf. He submitted that he did not get parawise statements from the respondents in reply to the allegation stated in the application. Certified, copies of the relevant order including the order for derequisition as well as the direction of the Additional Depu......vant order including the order for derequisition as well as the direction of the Additional Deputy Commissioner for restoring possession of the house have been filed in this case. On perusal of these papers we do not find anything in favour of the respondents. The order of derequisition still stands......1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....oposed to be taken under Clause (b) or clause (c) of Rule 3 may be placed under suspension if, in the opinion of the authority, suspension it necessary or expedient". He has placed before us the relevant file of the petitioner to show that the authorities had, before placing the petitioner unde......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 ......Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 1978. Result: The rule......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 ..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....at the District Magistrate has no jurisdiction to pass order under section 13 of the Police Act and at such the impugned order passed by the District Magistrate is without jurisdiction. The relevant portion of section 13 of the Police Act reads as follows: “13. It will......uty Magistrate and Mr. Abdul Ghani Sarder, Circle Officer, (Revenue), Charfasson. On receipt of the said report Mr. S N I, Akbar, District Magistrate, Bakerganj on 29-12-77 perused the report, others papers, heard the lawyers of both the parties and after stating certain facts regarding the claims o......ed in: 31 DLR (HCD) (1979) 66. ......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. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....at the District Magistrate has no jurisdiction to pass order under section 13 of the Police Act and at such the impugned order passed by the District Magistrate is without jurisdiction. The relevant portion of section 13 of the Police Act reads as follows: "13. It will ......uty Magistrate and Mr. Abdul Ghani Sarder, Circle Officer, (Revenue), Charfasson. On receipt of the said report Mr. S N I, Akbar, District Magistrate, Bakerganj on 29-12-77 perused the report, others papers, heard the lawyers of both the parties and after stating certain facts regarding the claims o......This Case is also Reported in: 31 DLR (HCD) (1979) 66. ......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. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
.... the High Court in Writ Petition No.141 of 1976. The respondent, an Electrical Engineer, was employed as an Executive Engineer under the Ministry of Power, Flood Control, Water Resources at the relevant time. He filed a writ petition under Article 102 of the Constitution challenging the order ......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. ......e is also Reported in: 31 DLR (AD) (1979) 33. ......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
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
.... Circular Order dated 27-3-72 (Annexure-B) on this question is not applicable to the respondents. It appears that the learned Labor Court did not examine this question on careful consideration of the relevant law, particularly the P.O. 27 of 1972 relating to Govt.'s power of control, superintend......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. ......nts Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For the Respondents. Writ Petition Nos. 252 and 194 of 1976 Judgm......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. ..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
....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
......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
......man J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents
Judgment
J......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
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