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....iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
......
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.......G.—For the Respondents.
Writ Petition No. 159 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question the legality of a notice dated 15.11.77 (Annexure-F) of the Chairman, Baintala Union Parishad, under P.S..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....y 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercise of the power without proper application of mind cannot be sustained….. (6) Lawyers Involved: Syed Ishtia......, instructed by Abu Backkar, Advocate, on Record-For the Appellant. Md. Moksudur Rahman, Deputy Atorney General, instructed by S.S. Hoda, Advocate on-Record-For the Respondents 1-6. N. H. Khandoker, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent 7-8. ...... 1978 passed by respondent No. 2 the Joint Secretary; Ministry of Land Administration and Land Reforms (Annexure J to the Writ petition) to have been made without any lawful authority and without any legal effect, alleging, inter-alia, that the appellant being the highest bidder at the auction ..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....ly made absolute. Since the rule is not opposed, 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) 301 ......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......impugned order dated 30.10.72 passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 22 of 1971 is hereby declared to have been passed without any lawful authority and is of no legal effect. The case is sent back on remand to the Labour Court for rehearing in accordance with L..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
.... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29 ......Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The rule is mad......r became a citizen of Bangladesh by the operation of law and continues to be a citizen of this country and as such the notification in question was issued without any lawful authority and it is of no legal effect. In the result, the rule is made absolute without any order as to costs. Shah..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....ax Schedule as framed by the Government under the Ordinance and in force upto 15.11.68 provided, inter alia, that where the Urban Immovable Property Tax was in force, the two taxes together, viz. the property tax and the building tax should not exceed 12 1/2% of the annual value. Equally undisputed ......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......nformation given to us as we have no reason not to accept the statement of a senior counsel of Mr. Asraul Hossain's standing and which is not -also disputed by Mr. Nurul Huda. In view of the legal position as noticed above, we are of the opinion that the respondent No. 2 is required to re-a..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
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. ......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......"proceeding" in the Civil procedure Code. "Proceeding" as we understand it to have been used in the Civil Procedure Code, is a prescribed mode of action for carrying into effect a legal right, it means and includes all the steps and measures for prosecution or defence of an actio..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
....t has been submitted on behalf of the petitioner that the respondent No. I has applied his judicial mind to the report of the Inquiry Officer the causes shown by the petitioner which if considered in proper perspective the petitioner would have been absolved of the charge. It has further been submit......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......ioner as contained in Annexure "F" dated 11-12-76 and "G" dated 28-12-76 passed by the respondents should not be declared to have been passed without lawful authority and is of no legal effect.
2. The petitioner was appointed as Vice-Principal, Rajshahi Cadet College in the ..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....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:
......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 any illegality in the impugned order passed by respondent No. 1 retiring the petitioner compulsorily under..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....d the latter constructed the petrol pump and respondent 1 started selling petroleum as a dealer of Daud Petroleum from 1971. In February 1972 the respondent 1 approached the appellant for sale of the property and the latter agreed to purchase the same at a consideration of Tk. 83,000/- out of which ......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......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. ..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
....age into a lighter age vessel belonging to the petitioners, the said cargo remains in custody of the petitioners till they are discharged from the lighter age vessel to the shore tank. Therefore, the proper time and place of actual measurement, according to common sense, should be the place where th......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)
....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) ...... are not applicable either. In the result all the three rules are made absolute and the impugned orders of confiscation are declared to have been made without any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This..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)
....hat he is interested in the performance of such duty. In the case of Queen Vs. Guardians of the Lewisham Union, (1897) 1 Q.B 498 it was observed: "This Court would be far exceeding its proper functions if it were to assume jurisdiction to enforce the performance by public bo......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......p; such the same has statutory force. We however find that the rules have only given the guide line as to how the settlement is to be made but how these rules can be invoked for claiming a legal right inhering in the petitioner which has no statutory force is not understood. The argument ..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
.... 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……………......nce no document has been executed the claimant has no right is nothing but taking advantage of one's own wrong. This it not permissible……..(10)
The appellants are under a "legal obligation" towards the respondents "to carry out specific ministerial duties" ..
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 ......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......e passing of a resolution declaring any person to be a tout, by a majority of the members present at a meeting specially convened for the purpose, of an association of persons entitled to practice as legal practitioners, shall be evidence of the general repute of such person for the purpose. The res..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 ......(HCD) (1979) 240 ...... if available. In the result, the Rule is made absolute without any order as to costs. The impugned order of the Labour Court is declared to have been made without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ......e employment he appeared in B.E.D. Technology Examination of 1968 held on 11.11.69 by the University of Dacca, but in the Examination Hall he was found adopting unfair means whereupon he was expelled and a notice was served upon him by the Controller of Examinations, Dacca University to show cause w......lt, the rule is made absolute and the impugned order of termination which amounts to an order of dismissal or removal from service is declared to have been made without any lawful authority and of no legal effect. No order as to costs. This, however, does not debar the Respdt. From taking action aga..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....t the Acting President's Order No 2 of 1972 did not provide for automatic transfer of the erstwhile P. LA. employees to the Bangladesh Airlines, but that those employees were to be absorbed after proper scrutiny and screening and on new terms and conditions to determined by the Government of Ban...... 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....... In addition to the ground of violation of natural justice, the petitioner in W.P. No. 479 pf 1978 has made a specific allegation of malafide. He was terminated either but the termination was held illegal by this Court in W P. No.553 of 1976. That order was not challenged by the Corporation which a..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
....to requisition the main building of the Nalgola Raj Kuthi having 14 rooms only which were in occupation of one Mr. Abdul Quddus, but the Deputy Commissioner, by the impugned order, requisitioned this property along with a different property, being holding No. 47. Roy Iswar Chandra Shil Bahadur Stree......ision
(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
Abdul MatinKhun Chowdbury J
M/S. Elora Industrial Corporation Ltd.................Petitioner
Vs.
ADC, and Land Acquisition Officer, Dacca and others……...Respondents
Judgment
......ion to the Divisional Commissioner for disposed, although the Divisional Commissioner has got no power of revision under the Requisition Act. It further appears that the petitioner pointed out this illegality in the Government order but the Government insisted on the revisional application being dis..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
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 ......nal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Dhirendra Nath Sarnaker...……………..Petitioner Vs. Bangladesh and orders…………………………..Responde......and then by the impugned order he was dismissed from service. His grievance is that he was not given any show cause notice or any opportunity to defend himself and at such the order of dismissal is illegal being violative of Article 135 of the Constitution of Bangladesh. 2. Facts of t..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)
....trol and Family Planning Officer with effect from 21-8-75 on recommendation of the Public Service Commission. From this notification it is clear that the appointment of the petitioner was made by the proper authority after considering his past record. Even if the order of resumption of office of the......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......nnexure 'J' and Memo dated 8-11-77 contained to Annexure 'J' removing the petitioner from his service should not be declared to have been passed without any lawful authority and of no legal effect. 2. The petitioner joined his service in July, 1961 as Thana Family Planning Offic..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
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