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........................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents
Judgment
July 6, 1979.
Result:
The rule is made absolute.
Cases Referred to-
Patna High Court, 50 Crl Law Journal, (1949) 47427 DIR., 34230 ......of the Code.
6. Mr. M.M. Huq has tried to distinguish the instance case from those relied upon by Mr. Rahman, particularly the Patna case. Mr. Huq has argued that the intended enquiry can not be called a parallel enquiry, for it is not a judicial enquiry but an administrative one, for a differe......f charge sheet, particularly when the matter is subjudice, the intended counter enquiry is not contemplated in our Criminal law, rather it is against the general principle of law relating to criminal trial and that by directing this parallel enquiry the officer.' of the government concerned comm......
Present:
Shahabuddin Ahmed J
Rafiqur Rahman J
Shaikh Keramat Ali..............................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents
Judgment
July 6, 1979.
Result:
The rule is made abso..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
...................Petitioner Vs. Chairman Labour Court, Khulna and another…………...Respondents Judgment June 29, 1979. Result: The rule is made absolute Whether a person is a worker or not depends in each case with reference to the evidence ...... that any evidence was adduced. The issue as to whether a person was a worker or not has to be resolved in each case with reference to the evidence on record. The records of the instant case were not called for since there was no such prayer. From the judgment also it does not appear what other mate......tores and Equipment Supervisor the services of the petitioner was terminated. He submitted a grievance petition and on his failure to get relief he filed a case under section 34 of the Industrial Relations Ordinance, 1969 read with section 25 of the Employment of Labour (Standing......l Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M Afzal J Mujibur Rahman Sarkar...............................Petitioner Vs. Chairman Labour Court, Khulna and another…………...Respondents Judgment June 29, 1979. Re..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....hers…………………..................Respondents (In both cases) Judgment May 31, 1979. Result: Rules in each of the petitions are made absolute. Cases Referred to- American Life Insurance Co. Vs. Dacca Municipality in Civil App......etition No.135 of 1970) Writ Petition Nos. 135 and 242 of 1970. Judgment A.T.M. Afzal J. - In both these petitions the petitioner is the erstwhile National Bank of Pakistan at present called the Sonali Bank. There are two petitions on record for substituting the present name of the p......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ......ction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Sonali Bank (formerly National Bank of Pakistan)…………......Petitioner (In Petition Nos. 135 and 242 of 1970) Vs. Taxation Officers, Urban Immovable Property Tax, Dacca & Narayang..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....pect of the whole or any part of the subject matter of the suit, the Court shall order such agreement, compromise or satisfaction, to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit." 3. This rule enables the parties to compromise the......determines the rights of the parties with regard to the land in dispute and as such this is an original proceeding and the determination of the right of the parties are conclusive, whether it is called a decree or an order and the effect is the same. So we feel that provisions of Order 23 Rule ...... same. So we feel that provisions of Order 23 Rule 3 of the Civil Procedure Code would apply in a proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act whether it is in the trial Court or in the appellate Court. 5. The next question is whether a revision preferred aga......rties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949 Lah 186, Anandamoyee Desai Vs.Rudra Mohanti, 18 CLJ 141, Manicken Vs.Mamanathan Chettiar & others, AIR 1949..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....himself lodged a First Information Report to the Police against them. The police after investigating the case submitted final report against the chowkidars. The Corporation suspected the petitioner also and drew up a departmental proceeding against him asking him to show because why disciplinary act...... 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 ......laced reliance. It has been stated there as follows: “Tribunals exercising quasi-judicial functions are not Courts and, therefore, they are not bound to fellow the procedure prescribed for trial of edicts in Courts nor are they bound by strict rules of evidence. They can, unlike Courts, o......pril 3, 1979. Result: The rule is discharged. Cases Referred to- University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; AIR (SC), 1957, 882; C.A. Nos. 52 of 1977, 106 of 1977 and 138 of 19771979;31 DLR (Appellate Division); 33 AIR 1970 Cal. 179; University of Ceylon Vs. Fern..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....nd Secretary Ministry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 others.............Respondents
Judgment
March 28, 1979.
Result:
The Rule is made absolute.
Cases Referred to-
A.T.R. 1969 (SC) 130; AIR 1964 S.C. 364; 30 DLR 144
Lawyer......ence shall be heard as to such of the allegations as are not admitted and the accused shall be entitled to cross examine the witness against him to given evidence in person and to have such witnesses called for the defence as he may wish, provided that the Inquiry Officer may, for reasons to be reco.......
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
......nal Jurisdiction)
Present:
Chowdhury A.T. M Masud J
Muhammad Habibur Rahman J
Md. Bokiotullah.........................Petitioner
Vs.
Chairman, Council of Cadet Colleges and Secretary Ministry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 ot..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....ent:
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.
Res......e is no allegation of mala fide against any of the respondents. In the absence of any thing on record to shows that the impugned order was passed mala fide for collateral purposes, no interference is called for. Having regard to these fact and circumstances and our discussion above, we do not find a......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
......
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:
..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....necessary instructions to the military authority and the Padma Petrolium totally denying the agreement dated June 4, 1972 for sale of the property with the appellant. The appellant claiming to be the sole lessee under the lease instituted the suit which was decreed by the trial Court but on appeal t......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. ......totally denying the agreement dated June 4, 1972 for sale of the property with the appellant. The appellant claiming to be the sole lessee under the lease instituted the suit which was decreed by the trial Court but on appeal the High Court dismissed it and the appellant's appeal to this Court b......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..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
....e heard before impugned orders were passed. The further case of the petitioners was that the measurement of the oil was taken in their absence and without notice to them and the out-turn report was also prepared on the basis of the said measurement. As such the said report could not be taken as a ba......d with a notice by respondent No. 1 calling upon them to show cause as to why penal action should not be taken against them under section 167(17) of the Sea Customs Act, 1878 (here in after called the Act) for the alleged shortage of different categories of imported oil. It was alleged by ...... 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.-..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)
..... Vs. Bangladesh and others……………….Respondents (In all the cases) Judgment March 15, 1979. Result: All the rules are made absolute Lawyers Involved: Asrarul Hossain, A.M. Nooruddin Ahmed—For the Petition......in this 12 miles Zone i.e. Customs Waters, then they will come within the mischief of this Act. But the show cause notice in each case shows that the trawlers were far away from the 12-miles sea belt called Customs waters. The Trawlers Porsommboon and Mongkolnimit were, as stated in the show cause n......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) ..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
....ouse of informant's father-in-law Abdul. Kader Bepari, that he said dacoits had torch lights with them, that they looted away paddy worth Tk. 4,500/00, that during the occurrence Nazem Ali Akand, son of late Amjad Ali Akand was killed by the dacoits and that the dacoits escaped on the approach o...... 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.
......Case No. 68 of 1977
“The petition dated 12.7.77 filed by accused Habibur Rahman and three others is put up for hearing. On the said petition they prayed for not taking cognizance for their trial under section 396, Penal Code read with the Special Powers Act. Heard. Police, on complet......bsp;
..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....Respondents Judgment March 7, 1979. Result: The rule is discharged. Lawyers Involved: Syed Azizul Huq-For the Petitioner A. N.M. Yusuf, (President of Mukhtear Bar Association's) in person. Gour Chandra Das-For the Respondents Writ Petition No. 351 of ......mic Republic of Pakistan is directed against an order passed by the Additional District Magistrate declaring the petitioner along with others as touts under Legal Practitioners Act, 1979 (hereinafter called the Act). 2. Facts leading to this Rule in brief, are that the Secretary, Mukhtear Bar A......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 ......1979. Result: The rule is discharged. Lawyers Involved: Syed Azizul Huq-For the Petitioner A. N.M. Yusuf, (President of Mukhtear Bar Association's) in person. Gour Chandra Das-For the Respondents Writ Petition No. 351 of 1968 Judgment &nbs..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....978). Vs. Bangladesh Biman...............Respondent (In all the cases) Judgment January 19, 1979. Result: The rules in Writ petitions Nos. 479 and 538 of 1978 are made absolute Orders of termination are dismissed. Cases Referred to- Bangladesh Small Indus......der any law, such as the PIAC Act, 1956. Furthermore, it has been contended, neither the Government nor the Corporation framed any service rules for the Corporation's employees. The service rules called P.I. A. Service Code, it is explained, are being followed by the Corporation as mere guide li......m under their previous employers. The position of the erstwhile p I.A. Officers and employees transferred to the Biman Corporation appears to be same as that of the officers and employees of the Industrial Enterprise which were nationalized under the President's Order NO. 27 of 1972. Officers an...... 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..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....ellip;…………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: The rule is made absolute. Cases Referred to- 21 DLR (SC) page 238 (Pakistan Vs. Md Nimayamatullah Farukh; 27......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 ......st the petitioner for the alleged offence under section 409 Penal Code in respect of the aforesaid sum Tk. 10,990/- The said case was transferred to Summary Martial Law Court at Rangpur for trial. The petitioner was convicted by the said Summary Martial Law Court on 8-3-77 under section&nb......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..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)
....on, however, was regarding the interpretation 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 ......ntaining three outer-foils; and (b) one for-Chairman. (2) Before the ballot paper is issued to a voter- (a) the number and name of the voter as entered in the voters' list shall be called out; (b) a mark shall be placed on the voters' list against the number and name of t......e rejected as invalid. 6. On such a view of rule 40(4) of the Rules, the Rule was made absolute by the learned Judges of the High Court Division and the case was sent back to the Tribunal for re-trial in the light of the interpretation given to the said rule 40(4). The appellant moved this Cour...... 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 ..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: The Rule is made absolute. Cases Referred to- Ramji Lal Vs. Rex AIR 1949 East Punjab 67; Kishori Lal Vs. Crow......cancelled the bail of the respondent. Against that order the respondent filed an application under section 561A of the Code of Criminal Procedure which was heard by Shafiur Rahman, J, who recalled the order cancelling bail and allowed bail to the respondent. Against that order the appeal w...... what it means. Ss. 404 and 415-A no doubt refer to appeal from judgment or appealable judgment respectively. But under ss. 263 and 264, 1 the judgment in a summary trial has to contain the finding and sentence or other final order. Under s. 305, in a jury tri......q J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: ..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....din, elder brother and Jahiruddin, younger brother of the appellant and the appellant himself were the First Directors as well as Share-holders of the Company. The Memorandum as well as Articles of Association of the Company provided for two classes of shares, 'A' and 'B' the former ......airs of the Company subject to control and supervision of the Directors. The last Annual General Meeting of the Company was held in December, 1969 but 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......ecame commercially insolvent. All assets and properties of the Company had been mortgaged to the principal Creditor, respondent No. 2, Bangladesh Shilpa Rin Sangstha which succeeded the Pakistan Industrial Credit and Investment Corporation (P.I.C.I.C.) against a loan of Rs 3192 lacs which along with...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
....;........Petitioner
Vs.
Anwar Hossain Chowdhury & others………...........................Respondent
Judgment
July 20, 1978.
Result:
The rule made absolute.
A Martial Law Court will take cognizance only on a police report.
A case from an o......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......gainst P.W.1, who is the petitioner, Abdul Wahab before us under section 190(C) of the Criminal Procedure Code. In this way this petitioner was brought before the Summary Military Court for trial. By this application under Article 102 of the Constitution the petitioner challenged......rt, Rangpur in M L.T.R. Case No. 132 of 1977 taking cognizance of an offence under section 406 of the Penal Code against this petitioner.
2. Heard the learned Advocates of both parties and perused the records, it appears that on a charge-sheet submitted by the police a Magistrat..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....nu Md. Abdul Wahab…........Petitioner
Vs.
Anwar Hossain Chowdhury & ors……….....Respondent
Judgment
July 20, 1978.
Result:
The Rule made absolute.
A case from an ordinary criminal court could be transfered to a Martial Law Court only ......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......gainst P.W.1, who is the petitioner, Abdul Wahab before us under section 190(C) of the Criminal Procedure Code. In this way this petitioner was brought before the Summary Military Court for trial. By this application under Article 102 of the Constitution the petitioner challenged......8.
Result:
The Rule made absolute.
A case from an ordinary criminal court could be transfered to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No. 1 of 1975 and that the Summary Military Court also illegally assumed Jurisdiction.
Lawyers Involved:
..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....t in respect of the land described-in Schedule "A" of the petition. Opposite party Jadu Gopal Shaha Bhowmick and others claimed undisputed right, title and possession in the said land and also stated the names of the miscreants in Schedule "B" of the petition who were said to be ...... it was observed by a Division Beach that when the Magistrate acts under section 25 of the Police Act. since the provisions of the Code of Criminal Procedure do not apply to this act may be called an executive act. Similarly in this case since the provisions of the Code of Criminal Pr......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. ......ed in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
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