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....able length the arguments of Mr. M. M. Huq justifying the intended enquiry by a different magistrate of the same station but we have no hesitation in our mind to hold that these arguments do not hold good and that the counter enquiry as intended is never contemplated in our Criminal law. The observa......ent should withdraw from prosecution under section 494 of the Code of Criminal Procedure. On their application the Chief Secretary, Government of Bihar, directed the Deputy Commissioner that the record of the case pending before the magistrate should be sent to the Government for examination an......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
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....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 ......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 ......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)
....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 ......p;…...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 on record- A person does not cease to be a 'worker' merely because he is employed in a sup......ur Court Khulna dismissing the petitioner's case as not maintainable. 2. Short facts leading to this rule are that while serving under Respondent No. 2 as Stores and Equipment Supervisor the services of the petitioner was terminated. He submitted a grievance petition and on his failure to g..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 ......angladesh Citizenship Order, 1972 has subsequently been amended by ordinance No. VII of 1978 and provisions have been made for double citizenship in some cases. Be that as it may, there is nothing on record to show that the petitioner who is a citizen of Bangladesh has incurred any disqualification ...... 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)
....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. ...... 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 petitioner as stated above which we hereby allow. ......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
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. ......ise, or where the defendant satisfies the plaintiff in respect 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." ......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. ..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 ......examined against him in his absence and that he was also not heard in person. Mr. H.K. Abdul Hye, the learned Advocate appearing for the respondent Corporation has, on the other hand, referred to the record of the case and pointed out that the petitioner was given as many as 3 show-cause notices con...... Article 102 of the Constitution is directed against an order dated 13.4.78 of the respondent, the Bangladesh Trading Corporation, briefly, the Corporation, removing the petitioner from his service on the ground of negligence of duty which resulted in theft of the employer's property w..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
......ntitled 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 recorded in writing, refuse to call a particular witness or to summon or admit particular evidence.
......67, thereafter he was appointed as Principal of the said College on 1-1-70 and he was duly confirmed in the post of Principal of Rajshahi Cadet College on 22-2-1971. The petitioner is a person in the service of Bangladesh.
3. On 22-3-76 he was placed under suspension on charges of malpractices ..
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
......made by the learned Deputy Attorney General appear to have substance but unfortunately the materials in the file were not disclosed in the affidavit filed on behalf of the Government bringing them on record. It is also not understood what means prompted the Water Development Board (respondent No. 2)......ainst which the petitioner served a notice of demand for justice on 17.9.76. Thereafter the petitioner was suddenly served with an order dated 17.2.77 by respondent No.1 purporting to retire him from services with effect from 1.3.77 under the provisions of Act XII of 1947 (Annexure E)- The petitione..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....pted that a person of his status could make such a statement and that too against a sitting Judge. We noticed the appellant from the very beginning was very much adamant in his stand and no amount of good counsel from his friends in the bar provailed upon him. He went on repeating the statements in ......hed Alam Bhuiyan son of Momtazur Rahman Bhuiyan of 195, Jamal Khan Lane, PS. Kotwali, Chittagong, with the prayer for permission for filing the documents and for appointing a Pleader Commissioner for recording evidence of the persons named therein in Calcutta, India, Chittagong and Maijdi Court in t...... to pay the balance entered into an agreement with the Daud Petroleum Limited for subletting the suit land for a period of 30 years, on condition of the sub-lessee constructing a petrol pump and service station on the same and granting dealership in petroleum to the respondent. As per agre..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
....d before us by the learned Advocates. 8. With regard to the first ground it will be pertinent to reproduce section 167(17) of the Act which was as follows:- “167(17). If any goods entered in the import manifest of a vessel are not found on board the vessel ; or if the quant......refore, not understood as to how he could remain absolutely in the dark when the measurements were taken by the Customs Officer and the consignee jointly. It appears from the appellate order that the records relating to the measurement were examined by Captain Bijerke, a foreign expert who assisted ...... 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
Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ......ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ......ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
.... 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.
......Police, on completion of investigation, submitted final report against the accused petitioner on 29.8 76. The complainant filed a naraji petition against the final report submitted by the police. The record was put Up before Special Tribunal No. 1, Bakerganj who on the basis of the final report took...... 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.
..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
.... advantage of his own wrong.
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming restoration does not hold good because the well settled principle is no body is entitled to take benefit of his own wrong. 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
...... 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
..
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 ......ar Bar Association. 5. With regard to the second ground urged by Mr. Huq, it appears that the Additional District Magistrate has elaborately discussed the point with reference to the Exhibits on record namely, the notice of the meeting (Ext. 4) and proceedings of the meeting (Ext. 5) and has fo......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 ..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 ...... 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 ......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 domestic enquiry. He had challenged the order of dismissal under s..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
....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.
......ond Labour Court, Dacca directing payment of subsistence allowance to the petitioner during his period of suspension.
We have heard the learned Advocates, perused the petition, affidavit and the records of the case. Facts of the instant case which are not disputed are not necessary for disposal......original of which was produced before us, in Court. Be that as it may, it is not disputed that the petitioner remained under suspension since 27.10.69 and there was nothing on record to show that the service of the petitioner was terminated at any point of time after the liberation of Bangladesh. On..
Category: Labour and Industrial Law | Date: 22 Feb, 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 ......f 1962 was issued calling in question an order of the respondent, Director of Technical Education, Government of the then East Pakistan, now Government of Bangladesh, terminating the petitioner's service. The Petitioner was appointed as a Teacher Trainee Instructor (Technical) purely on tem..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. ......hile the representation was pending the Chairman, by the impugned order dated 15.1.77 appointed respondent No.5 in the same grade in substantive capacity without even considering the petitioner's record. He has challenged the promotion of respondent No. 5 taking the ground that it was given in g......Pakistan International Airlines Corporation, briefly, the PIAC, Prior to the independence of Bangladesh from Pakistan in December, 1971. They were absorbed in the Corporation with continuity of their service. But two of them have been terminated by three months notice, one has been suppressed by a j..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
......in a matter subjudice. He has tried to explain that the Additional Commissioner could not deliver judgment because of preoccupation and that the Additional Commissioner, in the meantime, retired from service.
4. Whatever may be the reason for undue delay in disposing of such a simple matter, wh..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
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