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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. Md. Nimayamatullah Farukh) in that case the lordships of the Supreme Court of Pakistan held: “There can hardly be any dispute with the rule as laid down in this case that apart from the provisions of section 21 of the General Clauses Act, locus poenitertiae. i.e. the power of......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
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....o be observed by the Polling Officer whereas, rule 40 speaks of counting of votes, sub-rule (4) of rule 40 is a direction to be followed by the Presiding Officer while counting votes. 11. A provision similar to rule 40(4) was also incorporated in section 38(2)(a) of the National and Provin......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)
....ion to the detenu to enable him to submit representation to the Government or for production of the detenu before the Advisory Board. The Emergency Powers Rules was amended on 18.8.77 and the amended provisions contained provision for communication of the grounds of detention and for production of t......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)
....r and a Director will have remuneration of Tk. 1,200/-, Tk. 1,150/- and Tk. 800/- p.m. respectively, but in Ext. 10 only the Managing Director's remuneration has been fixed at Tk. 2500/- p.m.; no provision has been made for remuneration of the Chairman, but as a Director he will be entitled to T......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
....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 specifically mentioned in Martial Law Regulation No. 1 of 1975.
3. In the meantime the Summary Military Court found that the case was transferred to it by the District Control Cell without any lawful authority in that a case from an ordinary criminal court could be transferred to a Martial La..
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
......s specifically mentioned in Martial Law Regulation No. 1 of 1975.
3. In the meantime the Summary Military Court found that the case was transferred to it by the District Control Cell without any lawful authority in that a case from an ordinary criminal court could be transfered to a Martial Law..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....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 ......le 135 of the Constitution. Two days thereafter, he was placed under suspension by the order dated 13-3-76. This order of suspension, he alleges, is mala fide, passed not in accordance with law particularly when no proceeding was started against him or even contemplated at that time. About..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......nuddin Talukdar and others (1965) 17 DLR 705. In that case the learned Magistrate dropped the proceeding on the ground that the 1st party was absent and no step was taken by them and also because the lawyer of the 1st party did not take any step. In that case, the learned Magistrate also observed th..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....obtained the rule. 3. Mr. Khandker Mahbubuddin Ahmed, the learned Advocate, appearing in support of the rule has contended that this finding of the learned Tribunal is not in accordance with the provision of Article 9 of the Local Government Ordinance in that the petitioner did not hold any who......d to, or entrusted by the Government with, the control or management of a municipal or local fund, or any corporation or other body or authority constituted or established by the Government under any law.” 7. Mr. Shamsul Hoque Chowdhury contends that the Vested and Non-Resident Property C..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......s extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....in question to be not less than Rs. 240,000/- which was beyond the known sources of the respondent's income. The said Board further held that the respondent committed misconduct by contravening the provisions of Service Rules which require the Government servant to take permission from the Governm......and the rules by the Screening Board. The Division Bench of the High Court on consideration of the materials on record made the rule absolute and declared that the impugned order was made without any lawful authority and of no legal effect. 6. Leave was granted by this Court to consider the fo..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......an, Labor Court, Chittagong in Industrial Dispute Cases Nos.68 and 69 of 1975 under section 34 of the Industrial Relations Ordinance, 1969 (briefly the Ordinance). Since common questions of law and facts are involved therein these rules have been heard together and are going to be disposed..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ...... do not appear to stand on sound footing. Evidently the order dated 16.4.31 was without jurisdiction. The lapse of 43 years is of no consequence in a suit for partition where a preliminary decree was lawfully granted by a Court. 4. Mr. M.A. Sattar, the learned Advocate appearing for the opposit..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
.... the name of a stranger, but was pushed to a troublesome and time consuming title suit. the Court Fees (Bengal Amendment) Act, 1935 (Bengal Act VII of 1935) for the first time introduced two specific provisions for suits for partition by incorporating paragraph VIA a in section 7, for the plain......ined different causes of action and, the plaintiff sought, in the guise of a partition suit, a declaration of title and confirmation of possession against defendant No. 1 which he was not entitled in law to do so, and that the court had no jurisdiction to make any finding adverse to the title or pos..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......iner as also his report Ext. 3 that the viscera contained aconite (poison) on various grounds and submitted that they are not worthy of belief and if that be so, the conviction cannot be sustained in law, the oral evidence notwithstanding. The learned Advocate has laid great emphasis on this part of..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ......at when the nomination papers were submitted on behalf of respondent No. 6. The petitioner took an objection before the Returning Officer stating that respondent No. 6, being subject to military law, is debarred from seeking any election but his objection was overruled on the strength of an ame..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....ch are void. Mr. K. A. Bakr, the learned Attorney General on wham a notice of the applications was served has appeared Jo oppose the applications. The learned Attorney General has referred to certain provisions of the Proclamations and Martial Law Regulations and Orders and contended that in view of......ving their names registered as "electors" in the electoral Roll for the President's Election, and their prayer is that the said Notification should be declared to have been made without lawful authority and of no legal effect. 2. In one of these petitions, namely Writ Petition No...Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
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