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M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....ct on any information which they may receive unless they put it to the party against whom it is to be used and give him a fair opportunity to explain it. What is a fair opportunity must depend on the facts and circumstances of a case.” 11. It may be mentioned that this case was decided un......pril 3, 1979. Result: The rule is discharged. Cases Referred to- University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; AIR (SC), 1957, 882; C.A. Nos. 52 of 1977, 106 of 1977 and 138 of 19771979;31 DLR (Appellate Division); 33 AIR 1970 Cal. 179; University of Ceylon Vs. Fern......;Tribunals exercising quasi-judicial functions are not Courts and, therefore, they are not bound to fellow the procedure prescribed for trial of edicts in Courts nor are they bound by strict rules of evidence. They can, unlike Courts, obtain all information materials without being fettered by rules ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....tioner was placed under suspension after due inquiry after giving him all opportunity to defend himself It was further stated that the petitioner was served with a copy of charges with a statement of facts on which the charges were based. Moreover, the full facts on which charges were based were enu......nal Jurisdiction)
Present:
Chowdhury A.T. M Masud J
Muhammad Habibur Rahman J
Md. Bokiotullah.........................Petitioner
Vs.
Chairman, Council of Cadet Colleges and Secretary Ministry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 ot......charge-sheet before the Commissioner, Rajshahi Division (The Inquiry Officer), wherein all the material allegations were denied by the petitioner.
5. Thereafter the Inquiry Officer stated taking evidence in the case from 16-7-76 and examined 12 witnesses in all.
6. The Inquiry Officer abso..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
.... length of service but the possibility of taking a different view on the basis of the materials in the Government file could not be altogether ruled out. It is, therefore, difficult to see how in the facts of the case, a disciplinary proceedings with all its attendant formalities and uncertainties c......
Abdur RahmanChowdhury J
A.T.M. Afzal J
M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board..........Petitioner
Vs.
Secretary, Ministry of Power, Water Resources and Flood Control and another....... Respondents
Judgment
March 21, 1979.
Result:
......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
..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....l No.9 of 1978). Judgment Rahul Islam J.- This contempt proceedings started on a suo motu Rule issued by this Court against Abdus Sobhan, appellant in Civil Appeal No.9 of 1978. 2. The facts relevant for disposal of the matter are as follows: The appellant Abdus Sobhan filed Civ......Advocate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgmen......huiyan 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 the distric..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
....ported goods. Therefore, there was no scope for the application of the principle of menswear in these cases at all. We, accordingly find no substance in the rules which are discharged but in the facts and circumstances of the cases, we make no order as to costs. A.T.M. Afzal J.—I agr......The rules are discharged. Lawyers Involved: Joynul Abedin-For the Petitioner (In Petition Nos. 247 to 281 of 1970) M. Hafizullah- For the Petitioner (In petition Nos.453 to 462 of 1970 and Petition Nos.14 and 26 of 1971) Anwarul Haque Chowdhury, D.A.G. with M.M. Huq, A.A.G.-......dvanced by Mr. Joynul Abedin has further argued firstly, that the Boat note issued under Section 76 of the Act and duly signed by a Customs Officer ought to have been accepted as conclusive evidence of the oil found and discharged; secondly, that the survey reports submitted by the petitio..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)
....llenged in a Revision before the Board of Revenue but with no effect. Petitioners have challenged these orders 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 a......………Petitioner (In Writ Petition No. 674 of 1977) M/S. Thaiwaree Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Respondents (In all the cases) ......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 ..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
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 ......ns of the Lewisham Union, (1897) 1 Q.B 498. Lawyers Involved: S.R. Pal, Sr. Advocate, with Md. Hannan, Advocate, instructed by M.R. Khan, Advocate-on-Record-For the Petitioner. M.H. Khandker Sr. Advocate, instructed by B.C. Panday. Advocate-on-Record-For the Respondent 5 C.P. 74......is Court would be far exceeding its proper functions if it were to assume jurisdiction to enforce the performance by public bodies of all their statutory duties without requiring clear evidence that the person who sought its interference had a legal right to insist upon such performan..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
....e why the impugned orders passed on 24-3-77 and 27-7-77 in Special Tribunal Case No. 68 of 1977, should not be set aside and the proceedings against the accused petitioners should not be quashed. The facts of the case, briefly stated are as follows: On 2-2-76 informant Khorshed Ali Bepari lodged an ......bsp;
...... has collected materials in this case but he has opined that those materials were not reliable. He has therefore usurped the power of the Court and has given a positive opinion on the efficacy of the evidence. The I.O. has therefore gone far beyond his jurisdiction. In this case there are incriminat..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....d. We are, therefore, satisfied that this grievance of the learned Counsel has no substance either. No other ground has been urged. In the result, the rule is discharged but having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I ag......1979. Result: The rule is discharged. Lawyers Involved: Syed Azizul Huq-For the Petitioner A. N.M. Yusuf, (President of Mukhtear Bar Association's) in person. Gour Chandra Das-For the Respondents Writ Petition No. 351 of 1968 Judgment &nbs......tter. After enquiry, the Sub-Divisional Magistrate submitted his report on the basis of which a proceeding was started by the Additional District Magistrate. Both parties adduced oral and documentary evidence in support of their respective cases and the Additional District Magistrate after consideri..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 ......(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 ..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
....iod can be denied.
The ground urged by the learned Advocate for the Railway Board has, therefore, no substance. No other ground has been urged.
In the result, the Rule discharged but in the facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agr......an Chowdhury J
A.T.M Afzal J
Chairman, Bangladesh Rly. Board, Chittagong…………………Petitioner
Vs.
Chairman, Second labour Court, Dacca and another…………....Respondents
Judgment
February 22, 1979.
......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.
..
Category: Labour and Industrial Law | Date: 22 Feb, 1979 | Hits: 1
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. ...... No. 479 of 1978) Vs. M. A. Rouf…………………………………Petitioner (In Petition No. 538 of 1978) A.M.M. Rishid Ahmed and Ors…………Petitioner (In Petition No.540 of 1978) Md. Ruhul Amin&helli......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. ..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 ......nal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Dhirendra Nath Sarnaker...……………..Petitioner Vs. Bangladesh and orders…………………………..Responde...... 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 ..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 of the opinion that no penalty is at nil cashed for it may take decision accordingly. From Annexure F it appears that the Deputy Commissioner passed his order of resumption considering entire facts and circumstances of the case of the petitioner. He mainly considered the Memo and the directi......nt: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J A.H.M Abdul Hai………………………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: Th......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
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....d according to the provisions of that Code. It was not and could not be denied that Monroe, J's decision was a judgment of the Court and the entertaining of a "second application on the same facts, whether by him or by any other Bench of the Court, would clearly be a review of that judgment......q J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: ......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)
....nt, Mr. Asrarul Hossain has submitted that there is nothing wrong in obtaining a certified copy of the amendment. Taken by itself there is nothing wrong in it but when considered along with all other facts and circumstances the subsequent disappearance of the original amendment appears to have been ...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ......anded from him alone the entire debt which rose to Tk. one crore fifty nine lacs and some odd by this time, by addressing a letter to him by name. 6. The learned Single Judge on consideration of evidence, oral and documentary, dismissed the petition on the following findings : the petitioner st..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)
....ere cannot be an offence under section 406 of the Penal Code, reference may be made to the cases reported in AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988. 11. Having considered the facts and circumstances of the case we are of opinion that even if the prosecution case as stated in...... also Reported in: 31 DLR (HCD) (1979) 63 ...... 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 ..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......rt, Rangpur in M L.T.R. Case No. 132 of 1977 taking cognizance of an offence under section 406 of the Penal Code against this petitioner.
2. Heard the learned Advocates of both parties and perused the records, it appears that on a charge-sheet submitted by the police a Magistrat...... District Magistrate to advise investigating Officers of Martial Law cases, transferred the case to the Summary Military Court for disposal. On receipt of the case the Summary Military Court recorded evidence of some witnesses against accused Abdullah but on perusal of the evidence the Summary Milit..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
......8.
Result:
The Rule made absolute.
A case from an ordinary criminal court could be transfered to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No. 1 of 1975 and that the Summary Military Court also illegally assumed Jurisdiction.
Lawyers Involved:
...... District Magistrate to advise investigating Officers of Martial Law cases, transferred the case to the Summary Military Court for disposal. On receipt of the case the Summary Military Court recorded evidence of some witnesses against accused Abdullah but on perusal of the evidence the Summary Milit..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....ension before a proceeding was drawn against them. The order of suspension was challenged in a Writ Petition on the ground that the authorities before making the order did not apply their mind to the facts of the case in order to ascertain if suspension was at all necessary. It was held: &ldquo......Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 1978. Result: The rule......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
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