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Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....him from the latest promotion as Assistant Manager which is free from any irregularity of mistake whatever. The impugned order reduced the petitioner in rank and as such it has violated the mandatory provision of the Corporation's Service Regulation. 4. Mr. Hasib also does not say that the ......ion in this case is quite maintainable even if the alternative remedy was not availed of. 6. In the result the rule is, made absolute and the impugned order is declared to have been made without lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. ..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....are not in dispute and which have already been set out that require to be remembered at this stage are that service of notices on the non-appearing respondents was dispensed with on 30.5.73 under the provision of Order 41 Rule 14(3) of the Code of Civil Procedure. Thereafter, the respondents 3(5), 3......n holding that the order passed earlier on 12.4.78 was open to appeal. Leave was granted to consider the question set out above. 2. After hearing Mr. Rouf, we found that an important question of law of public importance was involved and so we sought the assistance of Mr. M.H. Khondker as Amicus..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
....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
......his witnesses if he so likes. On receipt of this notice the petitioner moved this Court and obtained the rule challenging that such a parallel or counter enquiry by a magistrate is not permissible in law as it will cause obstruction to, and Influence the course of justice in his pending case.
3..
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 ......Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment July 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary e..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 ......e case. 7. In the result, the impugned order dated 30.10.72 passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 22 of 1971 is hereby declared to have been passed without any lawful authority and is of no legal effect. The case is sent back on remand to the Labour Court for ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
....nd is being prevented from returning to Bangladesh, such person or his dependents, shall be deemed to continue to be resident in Bangladesh.” Judging the admitted facts in the light of the provisions of President Order 149 of 1972 it is clear that the petitioner became a citizen of Bangla......Order, 1972. (P. O. 149 of 1972) was passed on 15th December, 1972. Article 2 of this order which is relevant for this purpose reads as: “2. Notwithstanding anything contained in any other law, on the commencement on this order, every person shall be deemed to be a citizen of Bangladesh. ..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....ther a Civil Revision case may be compromised by the parties. The matter has come to us on reference from a single judge of this Court. 2. We would at the beginning like to examine the provisions of the Civil Procedure Code relating to compromise. Order 23 Rule 3 of the Code deals wit...... 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)
....r repaired in time, but he neglected to do so and as such he was responsible for the theft. Annexure 'F' dated 26.11.77 is another show-cause notice issued by the Chairman upon the petitioner provisionally holding him guilty on the basis of the report, Annexure 'F', and proposing to ......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
....ted on behalf of the respondent that there were materials upon which the petitioner was found guilty of misconduct as well as of inefficiency and that impugned order was passed in accordance with the provision of law. It was further stated that the Writ Petition is not maintainable as the petitioner......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
....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 petitioner's further allegation was that on rece......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)
....anchorage when ships are not likely to remain in a static position. More so, because the measurement is not the measurement of a package or bundles of cargoes. We, therefore, find no violation of the provisions of section 167(17) of the Act in taking the measurement of oil from the shore t...... 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)
....he mischief of Customs Act or any other law in force in Bangladesh. 2. Mr. Asrarul Hossain, the learned Advocate appearing for the petitioners in all the three cases has referred to the relevant provisions of the Customs Act, 1969 and the Territorial Water and Maritime Zone Act, 1974 and has co......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
....titioners on the basis of such report in writing submitted by the Police. He also referred to the decision in the case of Salimuddin Ahmed Vs. State 28 DLR 187 wherein it was held that in view of the provision of clause proceeding pending before a Special Tribunal constituted under the Special Power......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
.... 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
....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)
.... 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 jurisdiction or is viola...... 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)
....r of government servants on employees of a statutory Corporation, cannot be violated by an executive fiat; moreover, when the Corporation has been followed these PIA. Rules treating them as statutory provisions the Corporation cannot deviate there from at Wil. Mr. Chowdhury further contends that by ......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
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