Search Options
Judgment Advanced Search
Displaying 1641-1660 of 7133 results.
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
.... Rahman where respondent No.1 tried to prove that said Ali Akkas was not a typist of Mr. Nasim A. Rahman. From the above facts and circumstances and the petitioner has reason to apprehend that proper justice has not been done with his Lordships in the Bench. The appellant filed an application on Nov......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. ......ellant. Rafique-ul-Huq, Senior Advocate, instructed by B. Hossain, Advocate-on-Record - For the Respondent No.1. Abu Bakkar, 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......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 ......e petitioners, the said cargo remains in custody of the petitioners till they are discharged from the lighter age vessel to the shore tank. Therefore, the proper time and place of actual measurement, according to common sense, should be the place where the oil is finally discharged. It has been poin......ahman Chowdhury J A.T.M. Afzal J Hegge & Company Ltd……………………………....Petitioner Vs. Assistant Collectorof Customs & others………….....Respondents Judgment March...... 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 ......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 ......ition 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 Fishing Trawlers along with the fish found there......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
.... 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.
......ip;….Petitioners
Vs.
State and another……………………Opposite parties
Judgment
March 9, 1979.
Result:
The rule is accordingly discharged.
Cases Referred to-
Dost Mohammad Vs. The State, (1977) 29 DCR 122;......and another……………………Opposite parties
Judgment
March 9, 1979.
Result:
The rule is accordingly discharged.
Cases Referred to-
Dost Mohammad Vs. The State, (1977) 29 DCR 122; Salimuddin Ahmed Vs. The State (1976) 28 DL......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
......dustries Corporation issued a Public Notice on 10.8.77 asking the Bangladeshi share-holders of Mohammadi Calendering and Printing Mills Ltd. to submit their claims for the return of the said Mill and accordingly the petitioner submitted the share certificate and all other documents. Respondent faile......lip;…………………..Respondents
Judgment
March 9, 1979
Result:
Both 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 agre......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 ......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 ...... 98 of the Constitution of the erstwhile Islamic Republic of Pakistan is directed against an order passed by the Additional District Magistrate declaring the petitioner along with others as touts under Legal Practitioners Act, 1979 (hereinafter called the Act). 2. Facts leading to thi......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 ...... 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 .......................Petitioners Vs. Abdul Barek Sarder & another..............Respondents Judgment March 7, 1979. Result: The Rule is made absolute. Cases Referred to- 30 DLR 251;28 DLR 160 and 30 DLR 211; Lawyers Involved: Ashraful Hossain, A. Azim......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.
......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.
......Abdur Rahman Chowdhury J. - This application under Article 102 of the Constitution arises out of an order passed by the Second Labour Court, Dacca directing payment of subsistence allowance to the petitioner during his period of suspension.
We have heard the learned Advocates, perused......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 ......om service is declared to have been made without any lawful authority and of no legal effect. No order as to costs. This, however, does not debar the Respdt. From taking action against the petitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported......iction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Angana Ranjan Chakma…………………….Pettioner Vs. Director of Technical Education...........Respondent Judgment February 6, 1979. Resul...... 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)
....he ground that his services are no longer required. This order of termination of service has been challenged, this time also, on the same ground of malafide and violation of the principles of natural justice. Respondent No. 1, the Corporation entered appearance by filing an affidavit in opposition d......ppression of his seniority Mr. Mostafa Kamal, the learned Advocate for the petitioner, has based his arguments on the P I.A. Code Mr. Kamal contends that these Rules have got statutory force and that according to these Rules all promotion cases are dealt with by a, Departmental Promotion Board befor...... the cases) Judgment January 19, 1979. Result: The rules in Writ petitions Nos. 479 and 538 of 1978 are made absolute Orders of termination are dismissed. Cases Referred to- Bangladesh Small Industries Corporation, Vs. Mahbub Hossain Chowdhury reported in 29 D.L.R.......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 ...... 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 ......itution Article 135 of the Constitution of Bangladesh protects both permanent and temporary Government servants. A show cause notice and a reasonable opportunity shall be provided to a servant in the service of the Republic charged with any allegation if he is sought to be dismis......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 ...... removal or reduction in rank on the ground of his conviction. It was further stated in the said Memo that if the authority is 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 resum......p;…….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: The rule is made absolute. Cases Referred to- 21 DLR (SC) page 238 (Pakistan Vs. Md Nimayamatullah Farukh; 27 D.L.R. (Dacca) 315 Law......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)
....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. ......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. ......bunal and Munsiff 2nd Court Comilla & another……………Respondents Judgment November 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. The Member Election Commission, (1966) 18 DLR (SC) 1; Akbar Ali Vs. Raz......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)
....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. ...... and on and hold secret meetings at his house to make plan and programme to render all possible help in anti-state activities of the miscreants specially the members of Kaderia Bahini. As for example according to the decision and programme of a secret meeting in which the detenu took active part, a ......esented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: The Rule is made absolute. Cases Referred to- Ramji Lal Vs. Rex AIR 1949 East Punjab 67; Kishori Lal Vs. Crown ILR 1945 (Lah) 573; Malhar......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 ...... 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 ...... application under section 34 of the Industrial Relations Ordinance, 1969, briefly the Ordinance. 2. Perused the application and beard Mr. Anwarul Hoque Chowdhury, the learned Deputy Attorney General. Respondent No. 2, a clerk of the Postal Department was placed under suspension on ce......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 ......t the Company has been converted into his proprietory firm. As to the mounting debt to the principal creditor (respdt. No. 2), it has been explained that an Agreement has been made with this creditor according to which the debt would be paid by monthly installments within 10 years. 5. The petit......hellip;..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: The appeal is allowed. Cases Referred to- In re Yenidje Tobacco Co Ch. Div. 1916 (2) 426; Shri Ladli Prasad Vs. The Karnal Distillery......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)
....e there-fore, submitted the continuation of further proceedings against the petitioners, would amount, to an abuse of the process of the Court and the fad proceeding should be quashed for the ends of justice. 5. Mr. S. M. Huq, the learned Advocate appearing on behalf of the complainant opposite...... 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 ......i—For the State. Criminal Revision No. 327 of 1978. Judgment A.T.M. Masud J. –This Rule was Issued calling upon the Deputy Commissioner, Chittagong and opposite party No. 1 to show cause why the proceeding in C.R. Case No. 2139 of 1977 pending before the Sub-Divisional Mag......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
......tioner be released from custody at once if not wanted in connection with other Cases. This order of ours will not, however, prevent a competent Criminal Court 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.
Th......t
July 20, 1978.
Result:
The rule made absolute.
A Martial Law Court will take cognizance only on a police report.
A case from an ordinary criminal court could be transferred to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No.1 of 1975….(3......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
......tioner be released from custody at once if not wanted in connection with other Cases. This order of ours will not, however, prevent a competent Criminal Court 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.
Th...... Chowdhury & ors……….....Respondent
Judgment
July 20, 1978.
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 ......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 ......s allowed the appeal (C.A. No. 43 of 1976), set aside the High Court's order observing that summary rejection of the application was not justified and remanded the case to this Bench for disposal according to law. Thus; on remand to this Court, the rule in question has been issued upon the respo......red To- 30 D.L.R. (SC) 96S; M. Saleh (1975) 27 DLR 328; 27 DLR 353. Lawyers Involved: Syed Istiaque Ahmed, Mahmudul Islam- For the Petitioner. Anwarul Huq Chowdhury, Deputy Attorney General, Syed J.R. Mudassir Hussain, A.A.G.- For the Respondents. Writ Petition No.......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
69349441931393129283944093119444930193059251923969339248894589429121912589588931