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Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

.... Staff College in 1970 and when his promotion as Joint Secretary was due he was sent to Oxford by the Government with a British Scholarship for a post-graduate diploma in Economic Development. By his time some officers junior to him were promoted as Joint Secretaries. While he was under training in ......lly competed in the Central Superior Services Examination in 1954 and was appointed to the post of Income Tax Officer Class 1 in the erstwhile Pakistan Taxation Service. He was promoted to the senior scale of that service in the early sixties and in consideration of his meritorious service he was ap..

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

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

....bove. The learned Advocate also submitted that in order to sustain an order under section 145 of the Code of Criminal Procedure there should be continuing danger of breach of peace till the time of the final order in the case. In support of his contention he referred to the decision in the......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. ..

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

Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)

....;…Respondents Judgment July 18, 1978. Result: The Rule is made absolute. Tahsilder of Vested and Non resident Property Cell is not a public servant  holding whole-time office of profit so as to come within the mischief of Article 9 (2)(e)  of the Local Gover......is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ..

Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5

Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)

....rict, on the application of any person showing the necessity thereof to depute any additional number of Police-officers to keep the peace at any place within the general police district, and for such time as shall be deemed proper. Such force shall be exclusively under the orders of the District Sup......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)

....rict, on the application of any person showing the necessity thereof to depute any additional number of Police-officers to keep the peace at any place within the general police district, and for such time as shall be deemed proper. Such force shall be exclusively under the orders of the District Sup......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

Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC

....his own benefit and, while he was in possession defendant No. 8 purchased the same from him. 3. The trial court dismissed the suit and held that the plaintiff knew about the rent sale for a long time and he was estopped by his own conduct, from claiming redemption of the suit property. It was c...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71   ..

Category: Property Law | Date: 14 Jul, 1978 | Hits: 11

Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

.... 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 of dismis......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. ..

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

R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)

....the Industrial Relations Ordinance, 1969 (XXIII of 1969.) or in any other law or any rule, regulation, bye-law, agreement, award, settlement, custom, usage or terms and conditions of services for the time being in force, the government may, with a view to implementing such recommendations of the Com......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

Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)

....ed to exercise jurisdiction vested in him in not allowing further proceeding of the said partition suit, the object whereof is attainment of final decree through Court. The grounds as to the lapse of time and the order dated 16.4.31 do not appear to stand on sound footing. Evidently the order dated ......d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424.   ..

Category: Property Law | Date: 20 Jun, 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)

....laintiff came to know that defendants Nos. 2 and 3 sold a portion of the suit land out of their share to defendant No. 1, rightly held that defendant 1 was a necessary party in the suit though at the time of hearing and in the decision of the suit it was found that as he had no title or interest in ......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 ..

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

Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

.... why it took nearly nine months for the Chemical Examiner to examine the articles and submit his report and then another two months to reach the Sub-Divisional Magistrate at Dacca from Mohakhali. The time gap between the post mortem examination and the receipt of the articles by the Chemical Examine......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ..

Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....s and Orders and other orders made by me in pursuance thereof shall have effect notwithstanding anything contained in the Constitution of the People's Republic of Bangladesh or in any law for the time being in force; (d) The Constitution of the People's Republic of Bangladesh shall, subject ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ..

Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3

Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

....l Tribunal to Special Martial Law Court is permissible by regulation 3, (3) the word "offence" finds mention in the proclamation and therefore, it is not subject to any limitation as to the time of occurrence; and (4) proceedings in the Martial Law Court cannot be questioned as bar has bee....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371.   ..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)

....t-matter of the application and the Revenue Officer shall within fifteen days of the receipt of the copy, hold inquiry and submit the report to the Court. (c) the Court may allow such reasonable time as it may think fit to file objection to the inquiry report referred to in clause (b) and, if n......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421   ..

Category: Property Law | Date: 2 May, 1978 | Hits: 1

Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)

....wer appellate Court's finding, based only on the defendant's documents, that the defendants came upon the suit land earlier than 1368 B.S. is rather vague as it has not pointed out a definite time when the defendant came upon the suit land. 6. Mr. Md. Abdur Rashid in support of his firs......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240.   ..

Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1

Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)

....nbsp;of the Court Fees Act cannot be a rejection of the plaint but is a dismissal of the suit. Rejection of the plaint is provided for in section 6(2) of the Court Fees Act and that is at a time before the service of summons. There is a clear distinction between the wording used in the two......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180.   ..

Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1

Saifuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Manage¬ment Board, 1978, 7 CLC (HCD)

....ldings) Administration and Disposal Order, 1966 (hereinafter called the Order). In paragraph 4 of the said Order it has been clearly laid down that no lease can be granted for more than one year at a time and the lessee shall not in any case acquire any right of occupancy in such property nor shall ......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 107 ..

Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3

Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)

.... vide No. 2557 dated 13. 4. 76 disclaiming any interest in the suit premises on the basis of disputed kabala. 2. That the defendants never possessed nor claimed any interest in the suit land any time and shall not claim anything in future also.” 6. After such categorical admission by...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215.   ..

Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....ned In the second proviso to sub-section (4) its exercise is restricted to a situation which obtains only after the provisions of sub-section (3) have been compiled with, The expressions "at any time" used in the proviso is referable to a point of time which begins after a copy of the prel......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169     ..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

.... observation of learned judge In Punjab case was clearly obiter. The view was taken in the Madhya Pradesh case that the function of the proviso was not to restrict the case and expressed "at any time" occurring in the proviso are words of widest amplitude and observed: “In my op......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169.     ..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1