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Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ......f 1967 Judgment Abdul Wadud Chowdbury J. - This Rule arises out of a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act and is directed against the concurrent decision of the Courts below allowing pre-emption. This rule was issued for examination of the quest..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326   ......the statute, the P.O. No. 68 of 1972. The position of the petitioner is, however, not that of an employee under a private employer governed under the ordinary law of "Master and Servant". A decision of the Appellate Division in the case reported in 29 DLR 41 is the guiding principle in res..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

..... In the facts and circumstances of the case we pass no order as to costs. Md. Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 261   ...... communicating statement of the allegation on which the charge is based is to give the person affected notice of all relevant facts which the authority might take into consideration before taking any decision and as such on furnishing the statement of the allegation as provided under Rule 5(e) (1) w..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1

M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another, 1979, 8 CLC (HCD)

....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 ......commended 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 office to another without any decision till he received the order dated 11.6.77 regretting the Government's inability to allow..

Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1

Nuru Bepari alias Nurul Islam Bepari and others alias Habib Howlader Vs. State and another, 1979, 8 CLC (HCD)

.... 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.   ......e special Tribunal is not sustainable in law and therefore, the proceeding against the accused petitioners before the Special Tribunal should be quashed. In support of his argument he referred to the decision in the case of Dost Mohammad Vs. State, 29 DLR 122 and the decision of the Appellate Divisi..

Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1

Secretary, Ministry of Industries, Nationalised Industries Division Vs. Bangladesh Textile Mills Corpo¬ration, 1979, 8 CLC (AD)

.... 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 ......ent March 9, 1979 Result: Both the petitions are dismissed. No lack of power of the Government to make the promise—Government bound by the promise. Government took the decision on agreement to release the Mill in question. Lack of power on the part of the Government s..

Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2

Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)

....ut having 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) 303 ......sed the point with reference to the Exhibits on record namely, the notice of the meeting (Ext. 4) and proceedings of the meeting (Ext. 5) and has found that the only agenda of the meeting was to take decision on the report submitted by the Enquiry Committee formed earlier for the purpose. It was, th..

Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3

Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)

.... 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   ......urpose of any proceeding under the Ordinance and as such he cannot file an application under section 34 before the Labour Court. In support of this contention he has relied upon a number of decisions on this point, particularly the decision of the Supreme Court reported, in 30 DLR 251 and ..

Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1

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

....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. ......nding upon the Corporation since the Government is the its controlling authority particularly in matters of policy and that the Memorandum in question was issued by the Govt. In pursuance of a policy decision. 6. As appears from the statement of the cases of above, in the two cases of terminati..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

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       ......urt on a charge of temporary defalcation of Tk. 10,990/-. 4. Mr. Rafiqul Haque, the learned Advocate has appeared on behalf of the petitioner. He submits that the authority once having taken the decision that no further penalty be imposed on the petitioner doe to conviction by the Martial Law C..

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. ......official mark or initial of the Polling Officer.” 8. Mr. Moinul Hossain, the learned Counsel, in support of the reasons advanced by him for accepting his interpretation has referred to the decisions of Mian Jamal Shah Vs. The Member Election Commission (1966) 18 DLR (SC) 1 and Akbar Ali V..

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. ......secret meetings at his house to make plan and programme to render all possible help in anti-state activities of the miscreants specially the members of Kaderia Bahini. As for example according to the decision and programme of a secret meeting in which the detenu took active part, a bus was forcibly ..

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 ......ndker, learned advocate for the appellant has seriously assailed the impugned judgment taking the ground that it is not a proper judgment passed on consideration of material points and that the final decision is, in some respects, inconsistent with the findings. He has concentrated his attack on the..

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   ...... opinion, on consideration of a definite allegation, that suspension is necessary or expedient but this, requirement of law is wanting in this case. In support of this contention he has referred to a decision of this Court in S.M. Saleh vs. Bangladesh" (1975) 27 D.L.R. 328. In that case two eng..

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

Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)

....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......y petitioner and that the rejection of the revival petition by his order dated 11-3-74 is equally illegal. 7. The learned Advocate for the petitioner in support of his contention referred to the decision in the case of Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231. In that case the party w..

Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1

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.     ......t leads us to think that it is purely a temporary measure designed to meet the ' 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 ..

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. ......t leads us to think that it is purely a temporary measure designed to meet the  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 ..

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. ......equired by the Evidence Act. It must, however, be remembered that "the law requires that such tribunals should ob­serve rules of natural justice in the conduct of the enquiry and if they do so their decision is not liable to be impeached on the ground that the procedure followed was not in accord­..

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

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.     ......it Petition Nos. 252 and 194 of 1976 Judgment Shahabuddin Ahmed J.—These two rules, issued on two applications under Article 102 of the Constitution call in question certain decisions of the Chairman, Labor Court, Chittagong in Industrial Dispute Cases Nos.68 and 69 of 1975..

Category: Labour and Industrial Law | Date: 5 Jul, 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 ...... interest with the parties to the suit, is in no view a cotenant with them, but stands out on his own independent right and denies all right in his adversaries, can be drawn into a partition suit for decision of the question of title paramount. But, in any view, the principle appears to us to undoub..

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