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....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
......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 ...... 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..
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. ......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. ......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..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 ...... of penalty imposed by 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 Coun......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..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 ......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......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..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.
......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......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 ..
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
......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...... 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 ......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 ......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..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 ...... 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...... 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
....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.
......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.
......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..
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 ...... 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......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ..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. ......; 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......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
....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
......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......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
..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
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 ...... 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 ...... 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 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 ...... 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'. ......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..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. ......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......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. ..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....and other Vs. Indian Union, in AIR 1950 Orissa 146, Mt. Haydari Begum Vs. Jawad Ali Shah in AIR 1934 Allahabad 22. 8. The Lahore High Court in the case of Kishori Lal Vs. The Crown considered an identical question and held that successive application under section 491 was not maintain......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......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..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 ......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...... 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 ..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 ...... Registrar. This resolution in a loose sheet of paper is typewritten hardly covering half a page. It shows that the petitioner, respondent No. 1 and their mother were present in the meeting, that the question of alteration of the Articles of Association arose when Alauddin left the Company and it wa......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 ..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 ...... 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 ......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..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
......s.
Writ Petion No. 81 of 1978.
Judgment
Shahabuddin Ahmed J.- This Rule was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling in question an order dated 29-12-77 passed by respondent No. 1, President, Summary Martial Law Court, R......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
..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
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