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Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....or a term of three years. 1384 B. S. to 1386 B. S. at the annual rental of Tk. 42,000/-and lease of the fishery for three years was granted; and that he paid the entire bid money on the same date and possession of the fishery was duly delivered to him on August 26, 1977; and that he invested Tk. 1, ......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 ......s 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......ully moved the Writ Petition which was ultimately dismissed. On perusal of the judgment of the High Court it appears that the Writ Petition was dismissed mainly on the consideration that (a) The question whether the Dhaleswari River fishery is an open fishery or closed fishery is a questio..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 ......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 ...... order as to costs. A. T. M. Afzal J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 301 ......e Labour Court has relied on a decision reported in P L D 1970 Dacca 707 and held that petitioner being a Supervisor under Respondent No. 2 was not a worker. We have had occasion to consider the same question in a similar case in Writ Petition No. 71 of 1971 wherein also the aforesaid decision came ..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 ...... 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 ......rder as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29 ......hafiuddin Ahmed, A. A. G.—For the Respondents. Writ Petition No. 916 of 1977. Judgment Rafiqur Rahman J.— This Rule under Article 102 of the Constitution calls in question a Memorandum bearing No. 1286-1/mn/111, dated Dacca, the 5th October, 1977 issued from the ..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....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. ......us, therefore,' that the Municipal Authorities cannot impose a tax which taken in conjunction with the Urban Immovable Property Tax would exceed beyond 17 1/8% per cent of the annual value of the lands and buildings concerned. This, obviously, was the position until 16.11.68 when this Rule was a......order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ......stan at present called the Sonali Bank. There are two petitions on record for substituting the present name of the petitioner as stated above which we hereby allow. Since consideration of common questions were involved in these two matters, the petitions were heard analogously and are being dis..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. ......terest of the transferee vests in the petitioner, if he is successful and as such the order passed in a preemption proceeding conclusively 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 o......Reported in: 1 BLD (HCD) (1981) 80. ......r 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 question whether the addition of parties made in compliance with the Court's order would be..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 ...... 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 ......s to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......uspected the petitioner also and drew up a departmental proceeding against him asking him to show because why disciplinary action would not be taken against him for misappropriating the properties in question. He submitted explanation denying the allegations whereupon an enquiry was held into the al..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
.....
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
.......
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
......o order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
...... every case". None of the witnesses stated that the Principal requested them to add inflated marks in the tabulation sheet or to get the said two cadets admitted. This court may not consider the question about the sufficiency or adequacy of evidence in support of a particular conclusion but 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
......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
......e 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
......reply to them. Having considered this respect of the matter, we decided to allow Mr. Mahbuddin to look into the file and make his submissions on the materials in the file. Be that as it may, the main question ultimately boils down to this; when two options are available to the authority, whether it ..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
.... the Subordinate Judge, 3rd Court, Chittagong in Other Suit No.39 of 1975 and dismissing the suit. The appellant instituted the suit for declaration of his title in the suit land and recovery of possession thereof and for mandatory injunction requiring respondent 4, Padma Petroleum formerly kno......rsing those passed by the Subordinate Judge, 3rd Court, Chittagong in Other Suit No.39 of 1975 and dismissing the suit. The appellant instituted the suit for declaration of his title in the suit land and recovery of possession thereof and for mandatory injunction requiring respondent 4, Padma P......unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......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
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 ......elf and other maritime zones and matters ancillary thereto. Section 3 of this Act empowers the Government to declare by notification in the Official Gazette the limits of the sea beyond the land territory and internal waters of Bangladesh which shall be the territorial waters of Bangladesh......s to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256 ......y;dent (In all the Petitions.) Writ Petition Nos. 673, 674 and 850 of 1977 Judgment Shahabuddin Ahmed J.—These three Rules under Article 102 of the Constitution call in question three separate orders of the Collector of Customs, Chittagong, confiscating three Thai Fish..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
.... 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.
...... 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.
......ngs of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......arned Special Tribunal committed no illegality in taking cognizance of the case against the accused petitioner after the submission of the report in writing by a competent Police Officer.
9. The question of utmost importance in this case is whether this Court has jurisdiction to quash the proce..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
..... 1 as Petitioner filed an application under Article 102 (1) (a) (i) of the Constitution against the Government and other proforma-respondents for giving effect to the order of release and to deliver possession of the management of the Mohammad! Calendering & Printing Mills Ltd. in favour of the...... 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
......esult, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
......h 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 so to do is not the plea; rather a belated ple..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
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 ...... 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 ...... set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ...... Mozammel Huq Bhuiya—For the Respondents. Writ Petition No. 50 of 1978. Judgment Shahabuddin Ahmed J.-This Rule under Article 102 of the Constitution calls in question an order dated 19.11.77 of the Labour Court at Khulna in I.R.O. Case No. 79 of 1977 reinsta..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 ......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ...... J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ...... M.M. Hoque, A.A.G-For Respondents Writ Petition No. 377 of 1969. Judgment Shahabuddin Ahmed J.- This Rule under Article 98 of the Constitution of 1962 was issued calling in question an order of the respondent, Director of Technical Education, Government of the then East Pa..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
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. ......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. ...... the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......; Writ Petition No. 479, 538, 540, 820 and 758. Judgment Shahabuddin Ahmed J.- These five application under Article 102 of the Constitution have been heard together as common questions of law are involved in them and they are going to be disposed of by this judgment. Petitio..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
....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
......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
......h we assessed at taka 1000/- only.
A. T. M. Afzal J.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 418
......ddin, Asstt. Attorney General—For the Respondents.
Writ Petition No. 621 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question an order of requisition dated 1.10.77 passed by the Addl. Deputy Commissioner, Dacca in Req..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
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 ......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 ...... Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ...... case, we are dearly of the opinion that as a result of cancellation of the notification under Acting President Order certain rights have accrued in favour of the owners of the industrial concerns in question and such right can not fee taken away by the exerciss of locus 'poenitertiae'. ..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. ......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. ......bunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ......by a margin of 4 votes over Respondent No.2. 3. Respondent No.2 challenged the Election Tribunal's order in writ petition before the High Court Division, on a number of grounds the main question, however, was regarding the interpretation of rule 40(4) of the Union Parishad Electio..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. ......nal Procedure would amount to reviewing the earlier decision which is barred by section 369 of the Code of Criminal Procedure. The -law relating to Writ of habeas corpus as applicable in England may be found in Halsbury's Laws of England (Edn.2, Vol. 9 para 1239) which is as under: ......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. ......r. Moazzem Hossain, Asstt. Attorney-General—For the Respondents. Criminal Miscellaneous No. 155 of 1978 Judgment Abdul Malek J.- The petitioner obtained this Rule calling in question the order passed by the Additional District Magistrate, Mymensingh detaining Mr. Kudratulla..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Govt of Bangladesh Vs. The Chairman 2nd Labour Court, Dakha, 1978, 7 CLC (HCD)
.... override the earlier Statute. We find no illegally in the impugned order under the Ordinance. The application is summarily rejected. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 62 ...... override the earlier Statute. We find no illegally in the impugned order under the Ordinance. The application is summarily rejected. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 62 ......impugned order under the Ordinance. The application is summarily rejected. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 62 ......sp; Writ Petition No.644 of 1978. Judgment Shahabuddin Ahmed J. – This is an application under Article 102 of the Constitution calling in question an order of the Chairman, 2nd Labour Court. Dacca dated 14-3-78 allowing an application und..Category: Labour and Industrial Law | Date: 31 Jul, 1978 | Hits: 4
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