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Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

..... In the facts and circumstances of the case we pass no order as to costs. Md. Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 261   ...... 2 others.............Respondents Judgment March 28, 1979. Result: The Rule is made absolute. Cases Referred to- A.T.R. 1969 (SC) 130; AIR 1964 S.C. 364; 30 DLR 144 Lawyers Involved: Asrarul Hossain, Latifur Rihman and A M. Nuruddn Ahmed— For the Petitio....... In the facts and circumstances of the case we pass no order as to costs. Md. Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 261   ..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1

M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another, 1979, 8 CLC (HCD)

....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 ......e is made absolute in part. Cases Referred to- Shamlal Vs. Uttar Pradesh and another reported in A.I.R. 1954 (SC) 369; Abdul Karim Vs. Province of East Pakistan (1960) 12 DLR (SC) 295. Lawyers Involved: Khondker Mahbubuddin Ahmed—For the Petitioner. Anwarul Hague Chowd......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)

....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. ......………Respondents Judgment March 19, 1979. Result: The appellant is found guilty of contempt of Court but unconditional apology he is let off with warning. Lawyers Involved: Ataur Rahman Khan, Advocate - For the Contemner Appellant. Rafique-ul-Hu......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. ..

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     ......Petitioner Vs. Assistant Collectorof Customs & others………….....Respondents Judgment March 16, 1979 Result: The rules are discharged. Lawyers Involved: Joynul Abedin-For the Petitioner (In Petition Nos. 247 to 281 of 1970) M...... 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     ..

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   ...... Bangladesh and others……………….Res­pondents (In all the cases) Judgment March 15, 1979. Result: All the rules are made absolute Lawyers Involved: Asrarul Hossain, A.M. Nooruddin Ahmed—For the Petitioner (In all t......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   ......p;…Respondent Judgment March 14, 1979 Result: The petition is dis­missed. Case Referred to- Queen Vs. Guardians 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, A......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   ..

Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2

Nuru Bepari alias Nurul Islam Bepari and others alias Habib Howlader Vs. State and another, 1979, 8 CLC (HCD)

.... 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.   ......Dost Mohammad Vs. The State, (1977) 29 DCR 122; Salimuddin Ahmed Vs. The State (1976) 28 DLR 187; Md. Kalu Bhuya Vs. Special Tribunal (1978) 30 DLR 124;Falak Sher Vs. The State. 19 DLR (SC) 426; Lawyers Involved: Abu Backkar with, Abul Awla Zahirul Hossain—For the Petitioners. M...... 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.   ..

Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1

Secretary, Ministry of Industries, Nationalised Industries Division Vs. Bangladesh Textile Mills Corpo¬ration, 1979, 8 CLC (AD)

.... 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 ......o" Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd., (1947) 1 KB 130; Islamic Republic of Pakistan Vs. Mahmud Saved, PLD 1961 (SC) 192, distinguished. Lawyers Involved: K.A. Bakr, Attorney General, with A.W. Bhuiyan, Assistant Attorney General, I......elease and to deliver possession of the management of the Mohammad! Calendering & Printing Mills Ltd. in favour of the petitioner. It was stated that the Mill was taken-over under President's Order No. 27 of 1972 and this order of taking over was challenged by an earlier' Writ Petition b..

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 ..............Petitioner Vs. Mr. M. S. Khan, Addl. District Magistrate & others……....Respondents Judgment March 7, 1979. Result: The rule is discharged. Lawyers Involved: Syed Azizul Huq-For the Petitioner A. N.M. Yusuf, (President of Mukhtear......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 ..

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   ......ek 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—For the Peti­tioner. Mozammel Huq Bh...... 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

Chairman, Bangladesh Rly. Board, Chittagong Vs. Chairman, Second labour Court, Dacca and another, 1979, 8 CLC (HCD)

....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.     ......oner Vs. Chairman, Second labour Court, Dacca and another…………....Respondents Judgment February 22, 1979. Result: The Rule is discharged. Lawyers Involved: Razzak Rahman—For the Petitioner. Mahmudul Islam—For Respon......y of affirming the oath of allegiance before his employer namely the Railway Board nor was he ever asked by his employer to do so. He has further argued with reference to the Laws Continuance Enforce Order dated 10th April, 1971 which required all Government officials to take oath of allegiance to B..

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           ......ellip;……….Pettioner Vs. Director of Techni­cal Education...........Respondent Judgment February 6, 1979. Result: The rule is made absolute. Lawyers Involved: Sahadat Hossain—For the Pettioner M.M. Hoque, A.A.G-For Respondent......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. ......mination are dismissed. Cases Referred to- Bangladesh Small Industries Corporation, Vs. Mahbub Hossain Chowdhury reported in 29 D.L.R. (A.D.) 41; 13 DLR (S.C.) 100; 16 D.L.R. (SC.) 58. Lawyers Involved: Asrarul Hossain and Abdul Azim-For the Petitioner (In Petition......s. Bangladesh Biman...............Respondent (In all 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 Corpor..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

M/S. Elora Industrial Corporation Ltd Vs. ADC, and Land Acquisition Officer, Dacca and others, 1979, 8 CLC (HCD)

....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   ......itioner Vs. ADC, and Land Acquisition Officer, Dacca and others……...Res­pondents Judgment January 18, 1979. Result: The rule is made absolute in part. Lawyers Involved: M B. Rahman—For the Petitioner. Quazi Shafiuddin, Asstt. Attorney ......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     ....... (2) The petitioner obviously held a civil post in the service of the Republic and as such he is well within the protection of Article 135 of the Constitution…….(3) Lawyers Involved: A. B. M. Khairul Haque—For the Peti­tioner. Syed J.R. Mudassir...... 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)

....lice submitted charge sheet against the petitioner for the alleged offence under section 409 Penal Code in respect of the aforesaid sum Tk. 10,990/- The said case was transferred to Summary Martial Law Court at Rangpur for trial. The petitioner was convicted by the said Summary Martial Law...... 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 Lawyers Involved: Rafiqul Huque Mahmudul Islam—For the Petitioner. Mudassir Hoisain,......all have to be founded on some statutory provisions. In the context of the facts of this 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..

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. ......amal Shah Vs. The Member Election Commission, (1966) 18 DLR (SC) 1; Akbar Ali Vs. Razi-ur Raman Khawaza, (1966) 18 DLR (SC) 426; Mian Jamal Shah's case (1966) 18 DLR (SC) 1; (1966) PLD SC 1. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joynul Abedin, Advocate, instructed by A. ......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. ......1950 Orissa 146; Mt Haydari Begum Vs. Jawad Ali AIR 1934 All. 22; Hari Ram Vs. Emperor AIR 1939 FC 43; Gulzar Hassan Vs. Ghulam Murtaza PLD 1970 (SC) 335; Emperor Vs. Atta Md. AIR 1945 Lah. 130. Lawyers Involved: Strajul Huq, Aminal Huq, Zabir Ahmed—For the Petitioner. Moazzem H......tion of the respondent on similar grounds under section 25 of the Guardians and Wards-Act having been dismissed for default a fresh application for the same cause of action was barred under Order 9, rule 9 of the Civil Procedure Code. The learned Civil Judge took up only one issu..

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 .................Petitioner Vs. The Chairman 2nd Labour Court, Dakha …………..Respondent Judgment July 31, 1978. Result: Application is dismissed Lawyers Involved: Quazi Anwarul Hoque Chowdhury D.A G.— For the Petitioner.  &n......ain ability. The petitioner then moved this application before us. 3. Mr. Anwarul Haque Chowdhury has contended that the respondent No. 2 is not a worker under the Employment of Labour (Standing Orders) Act, 1965 since this Act is not applicable to employees of a Government-managed industry who..

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 ......37)2. All ER. 466; (1966) (1) All, ER, 145. Ch. Div.; Focus Advertising Private Ltd. Vs. Ahoora Blocks Private Ltd. Company Cases, 1975, 534; 1965(2) All. ER 761(1961) 439; AIR (1971) SC 26,000. Lawyers Involved: M.H. Khandker, Abu Bakkar- For Peti­tioner. Asrarul Hossain-For...... 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 ..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6