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..... Attorney General on 3.3.72 and on promotion he was appointed on 30th April, 1977, Deputy Advocate General (Criminal), subsequently re-designated as Deputy Attorney General (Criminal) and since that time he was holding this post till the impugned order removing him from this post was passed. He has......ules, 1973 made under the President's Order No. 6 of 1972 as they stood before amendment with effect from 1st July, 1978. According to these rules (a) the petitioner shall be paid a salary in the scale of Tk. 1050-2000 P.M. with annual increment of Tk. 125/- P.M., (b) he shall be paid office all..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
.... is found to be perfectly in accordance with the Promotions Procedure, but it is this Promotions Procedure, which has been knocked down by the impugned order for correcting a mistake committed at the time of earlier promotion given. 5 years ago i.e., on 20-8-73. We appreciate the admission of facts ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
....cused persons would also be able to submit their version of the Case. The Chairman accordingly issued the impugned notice, Annexure-F, in' forming among others, this petitioner about the date and time of the enquiry with direction to appear before the magistrate with his witnesses if he so likes......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
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Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
...., the learned Counsel appearing for the appellant argued before us with reference to the different papers to show that Dhaleswari river fishery is a closed fishery and it had been leased out for some time for a period of three years treating it a closed one. The learned Counsel further argued that a......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
.... one of whom was subsequently elevated to the Bench and on the prayer made on behalf of Respondent No. 2 adjournment was granted for two weeks to enable him to engage another learned Advocate. At the time on hearing, however, no one appeared to oppose the rule. We have, however, perused the petition......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 ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
....esident of the territories now comprised in Bangladesh on the 25th day of March, 1971 and continues to be so resident and is not otherwise disqualified for being a citizen by or under any law for the time being in force; Provided that if any person is a permanent resident of the territories now comp...... 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 ..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
.... appears to be an unanimity of views on the point under consideration in that it was held that the Municipal Authorities would have to abide by the Model Tax Schedule as framed by the Government from time to time under the Ordinance and not the Urban Immovable Property Tax Authority We have found no......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. ..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....n, removing the petitioner from his service on the ground of negligence of duty which resulted in theft of the employer's property worth Tk. 83,096,00. 2. The Petitioner was, at the relevant time, Store Officer in-charge of the Bangladesh Trading Corporation's godown at Siddique Bazar, ...... 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 ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....s marked Annexure "D" to the petition. The petitioner in pursuance of the aforesaid second show cause notice submitted his reply on 2nd November, 1976, wherein he elaborately stated that at time of admission of the two Cadets along with other normal procedure was followed and that he had n.......
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
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Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....ertainties could be more beneficial or advantageous to the petitioner, as argued by his learned counsel. The proceeding, if initiated, might still be pending whereas the petitioner would have by this time reached his age of superannuation awaiting finalization of the proceedings with all its attenda......s petition have not been controverted by the respondents in their affidavits. Rule 46 of the Bangladesh Service Rules lays down as follows:
“Where an efficiency bar in prescribed in a time scale increment next above the bar shall not be given to a Government servant without the specific s..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....iled an affidavit made by one M.A. Quddus dated October 17, 1978, who stated that while he was taking lunch with one of his friends at ‘Chunking’, a Chinese Restaurant at Chittagong, some time in the month of August, 1977, he found the respondent A.B. Khan also taking lunch with some of ......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)
....toms Act, 1878 (here in after called the Act) for the alleged shortage of different categories of imported oil. It was alleged by the petitioner represented by Mr. Joynul Abedin that their prayer for time to show cause was refused and the matter was disposed of and penalty imposed on the petitioners...... 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
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
....truction 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 petitioner after a...... 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
....er to do so. He has further argued with reference to the Laws Continuance Enforce Order dated 10th April, 1971 which required all Government officials to take oath of allegiance to Bangladesh that no time limit was specified or set cut in the said Order for taking the oath of allegiance. He has subm......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.
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Category: Labour and Industrial Law | Date: 22 Feb, 1979 | Hits: 1
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....articular duty on him whereupon he made representations to the authorities. He alleged that the respondents did not, in fact, accept the Court's order for reinstatement with grade but just killed time and after on year came out with the impugned order dated 31st May, 1978 again terminating his s...... was promoted to Grade X which is the highest grade in the hierarchy of the Corporation's service and at the time of his impugned determination he was drawing a salary of Tk; 2900/00 P. M. in the scale of Tk. 2200-30u0/-P.M. The respondents, however, by an order dated 9th June, 1978 terminated h..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
....eard the parties on five occasions, 23.1.78, 7.2.78, 20.3.78; 18.4.78 and 6.5.78 and reserved his judgment till 20.5.78. But on that date, the Additional Divisional Commissioner observed that further time would be necessary for delivery of the Judgment as he was preoccupied with other urgent works a......pondents are directed to pay costs of this application which we assessed at taka 1000/- only.
A. T. M. Afzal J.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 418
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Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....ervice 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 Officer. At the time the Family Planning was a department in the Ministry of Health of erstwhile province of East Pa......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)
....er is also to be stamped with official mark as contained in sub-rule (2) (c). Rule 35 lays down the voting procedure. Sub-rules (1) and (2) of Rule 35 provide the duties of the Polling officer at the time of issuing ballot papers to the voters. Sub-rule(1) requires the Polling Officer to be sat......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
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....question the correctness or otherwise of the decision in Writ Petition No. 357 of 1977. He argued that the present petition is founded on new grounds which were not available to the petitioner at the time when Writ Petition No. 357 of 1977 was heard and disposed of. He contended that the Emergency P......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. ..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....ction against the holding of the meeting with Mrs. Zohura Khatun who was neither a share-holder nor a Director. In the course of this litigation in the subordinate Courts the appellant, far the first time learnt that respdt. No. 1 had, by fraud and collusion, introduced a Printed Memorandum and Arti...... 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 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
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