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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.     ...... 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 subject to the law of limitation. But this question no more requires examination. The parties in the meanwhile have..

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   ......de its own Service Rules in pursuance of the statute, the P.O. No. 68 of 1972. The position of the petitioner is, however, not that of an employee under a private employer governed under the ordinary law of "Master and Servant". A decision of the Appellate Division in the case reported in ..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

..... 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   ......ulsory retirement of the petitioner 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, ..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1

M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another, 1979, 8 CLC (HCD)

....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 ......re F), have been impugned. 4. The rule is opposed by respondent Nos. 1 and 2 by filing separate affidavits. Their case inter-alia was that the impugned orders have been passed in accordance with law. We have heard the learned Advocate for the petitioner and the learned Deputy Attorney Gene..

Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....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. ......y of 82, Ripon Street, Calcutta and family of Mahtab Begum of Rampur, India and also of 'Kunje Mahtab' of Elephant Road, Dacca. 4. That Mr. Nasir A. Rahman, Bar-at-Law was a partner of a law firm of his Lordship Mr. Justice B.H. Chowdhury. Mr. Nasim A. Rahman is related to Ayaz Bahadur ..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)

.... 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     ...... the Assistant Collector of Customs, Chittagong on the petitioners for the short landing of imported petroleum products and they are taken up for analogous hearing since similar questions of fact and law are involved in all the petitions. 2. Mr. Joynul Abedin, learned Counsel, has appeared for ..

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   ......s of confiscation before us mainly on the ground of want of jurisdiction alleging that the facts alleged against the trawlers even if admitted, do not attract the mischief of Customs Act or any other law in force in Bangladesh. 2. Mr. Asrarul Hossain, the learned Advocate appearing for the peti..

Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1

Nuru Bepari alias Nurul Islam Bepari and others alias Habib Howlader Vs. State and another, 1979, 8 CLC (HCD)

.... 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.   ......petitioners' Nuru Bepari, Zam-Zam Bepari, Abdul Khaleque Fakir and Habibur Rahman Howlader and 16/17 others being armed with guns, Ram Dao, Leja etc. raided the house of informant's father-in-law Abdul. Kader Bepari, that he said dacoits had torch lights with them, that they looted away padd..

Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1

Secretary, Ministry of Industries, Nationalised Industries Division Vs. Bangladesh Textile Mills Corpo¬ration, 1979, 8 CLC (AD)

.... 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 ......ermissible……..(10) The appellants are under a "legal obligation" towards the respondents "to carry out specific ministerial duties" clearly imposed upon them by law, namely, "to complete the formalities to trans­fer the mill"; the High Court Divis..

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 ......dditional District Magistrate after considering the same declared 26 persons including the petitioner as touts under the Act and directed their names to be published and circulated in accordance with law while exonerating three of the persons reported against. Hence the present rule at the instance ..

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   ......30 DLR 251 and 2 decisions of this Court reported in 28 DLR 160 and 30 DLR 211. Needless to say, this contention of Mr. Hossain is full of substance and must be upheld as it is now a settled point of law that a dismissed worker; his dismissal having no connection with industrial dispute, cannot main..

Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1

Chairman, Bangladesh Rly. Board, Chittagong Vs. Chairman, Second labour Court, Dacca and another, 1979, 8 CLC (HCD)

....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.     ......ime limit was specified in the aforesaid Order for affirming the oath of allegiance and the petitioner having continued to be an employee under the Railway administration, we do not see how under the law his right to be treated as such during the relevant period can be denied. The ground urged ..

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           ...... Rules, 1960. It is true that an alternative remedy was available but it was not availed of. Ordinarily writ jurisdiction is not available to a person who does not seek alternative remedy provided by law but this provision may be waived if an impugned order is, on the face of it, without jurisdictio..

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. ......etition 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. Petitioners in all t..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

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     ......diction of this Court under Article 102 of the Constitution. Article 102 of the Constitution excludes from definition of "person" a court or tribunal established under a law relating to the Defence Service or any Disciplined Force. The Impugned order is not an order of ..

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)

....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       ......ted 24-11-77 contained in Annexure '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 ..

Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8

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. ......ddin Mondal of village Mozakhali P.S. Haluaghat, District Mymensingh under rule 5(1) (a) of the Emergency Powers Rules, 1975. 2. It has been stated in the petition that the detenu is a loyal and law abiding citizen of Bangladesh. He was elected as M.P. in 1970. The detenu was arrested by the Ha..

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 ......the Ordinance which is applicable to workmen employed in Postal Department. As such he can file an application under section 34 for enforcement of his right secured, or guaranteed under any law including the Standing Orders; Act even if that Act is not applicable to him. As this Act is not..

Category: Labour and Industrial Law | Date: 31 Jul, 1978 | Hits: 4

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

.... 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 ......Meeting of the Company was held in December, 1969 but since then no General Meeting of the Company was called by the Managing Director who began to run the affairs of the Company himself ignoring the law and the Board of Directors with a view to making personal gain out of the business of the Compan..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......or with any dominion over  property, dishonestly misappropriates or converts to his" own use that property or dishonestly uses or disposes of that property, in violation or any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express ..

Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1