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Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......stion is whether a revision preferred against the decision of the lower appellate Court under section 96 of the East Bengal State Acquisition and Tenancy Act is a proceeding. The revisional power as conferred by, section 115 of the Civil Procedure Code may be exercised by the, High Court e......tioner Vs. Ali Ahmed Sikder & others………… opposite parties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949 Lah 186, Ana......us proceeding the provisions of Order 23 Rule 3 of the Code does not apply, the Court for the ends of justice may record the compromise under section 151 of the Civil Procedure Code, which exists for granting relief in appropriate cases in the absence of any other provision in the Code. 8. In f..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......defence. He, in fact, submitted his defence, denying the allegations but the authorities were not satisfied with his explanation. The authorities were also not bound to hold any enquiry but got every power to dispose of the case on consideration of his explanation, and if any enquiry was held there ......ioner Vs. Trading Corporation of Bangladesh…………...Respondent Judgment April 3, 1979. Result: The rule is discharged. Cases Referred to- University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; AIR (SC), 1957, 882; C.A. Nos. ...... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
.....
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
......ses of inefficiency, misconduct and corruption. Provisions of Sub-Rule (e) of Rule S of the said Rules are quoted below:
“5(e)(i). In cases calling for a major penalty the authority having power to impose the penalty shall frame a charge communicate it to the accused together with a state......f Defence, Govt. of Bangladesh, Old High Court building, Dacca and 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 Hos.......
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
....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
......ateral purposes In reply the learned Deputy Attorney General has submitted that when the options were open before the Government for taking action against an employee it was within its competence and powers to opt for either of them. He has also placed before us the connected Government file in the ......retary, Ministry of Power, Water Resources and Flood Control and another....... Respondents
Judgment
March 21, 1979.
Result:
The rule 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. Pro......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. ...... a consideration of Tk. 83,000/- out of which Tk. 60,000/ was paid on different dates and an agreement was executed on June 4, 1972 and the balance Tk. 23,000/- was paid on July 4, 1972 and a general power of attorney was executed by the respondent on September 30, 1972 in favour of the appella......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...... into an agreement with the Daud Petroleum Limited for subletting the suit land for a period of 30 years, on condition of the sub-lessee constructing a petrol pump and service station on the same and granting dealership in petroleum to the respondent. As per agreement possession of the suit lan..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 ...... notice of measurement was served upon the petitioners which was taken in their absence and as such they could not be bound by such measurement; thirdly, that the penalty imposed was in excess of the powers conferred on the Assistant Collector of Customs under Section 182 of the Act; Fourt......ahman Chowdhury J A.T.M. Afzal J Hegge & Company Ltd……………………………....Petitioner Vs. Assistant Collectorof Customs & others………….....Respondents Judgment March...... 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
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 ......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 ...... Bangladesh & Others…………………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.......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
.... 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.
......
Heard learned Advocate for the accd and also the learned P.P. The I.O. has collected materials in this case but he has opined that those materials were not reliable. He has therefore usurped the power of the Court and has given a positive opinion on the efficacy of the evidence. The I.O. has th......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...... 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
.... 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
......hers…………………………..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 t......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......or special leave to appeal No, 71 of 1979. Both the petitions are heard analogously.
5. The learned Attorney General appearing for the Government argued that the High Court Division had erred in granting the relief, inasmuch as, the Government had revised its earlier order and it ought not..
Category: Constitutional Law | Date: 9 Mar, 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. ......aining at home and abroad. After liberation of Bangladesh he was absorbed in the Corporation and posted as Commercial Manager and thereafter as Director, Operation Director, Planning and Director, Manpower Development and Training, On i.4.74 he was promoted to Grade X which is the highest grade in t...... 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.......#39;s service is not contractual, but it is governed by the P.I.A. Rules which is his opinion got statutory force and as such his seniority and promotion is governed by those rules Which have been flagrantly violated by the Chairman. The next contention of Mr. Mostafa Kamal is that even if the PIA C..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
...... occupation of other persons and that those portions were property of Court of Wards. The Government held that the impugned requisition was unjustified, but the Government instead of exercising their power of revision, forwarded the application for revision to the Divisional Commissioner for dispose......hy;pondents
Judgment
January 18, 1979.
Result:
The rule is made absolute in part.
Lawyers Involved:
M B. Rahman—For the Petitioner.
Quazi Shafiuddin, Asstt. Attorney General—For the Respondents.
Writ Petition No. 621 of 1978
Judgment
Shah......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
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 ......ld: “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 receding till a decisive step is taken, is available to the Government or the relevant auth......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......hman on different dates from IS-12-68 to 19-1-70. The petitioner thereafter forwarded the petition for compensation of the wife of Mr. Lutfui Rahman to the Family Planning Board but that was also not granted. The petitioner was transferred from Dinajpur to Rangpurra 1968 and thereafter to Kushtia in..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
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. ......ion was beard. Once the application had been looked into and disposed of on the merits there is no provision either in the Criminal Procedure Code or any other law for the time being in force which empowers the High Court to rehear such an application. An application for a writ of habeas corpus is o......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......red before the Supreme Court. Objection was taken by the appellant that section 369 of the Code of Criminal Procedure was bar to entertain successive application on which Shafiur Rahman, J. granted bail and as such the order granting bail was without jurisdiction. Wahiduddin Ahmad, J. of t..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
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 ......ouches at the root of the mutual confidence of two brothers who were the only two share holders of the Company at the relevant time The petitioner not only brought the allegation of usurpation of all powers by the respondent but also deposed that he got no confidence in the Managing Director of the ......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...... 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
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 contention that there were no allegations whatever against the petitioner. Nor do we find any materials to substantiate his contention that the order of suspension is mala fide. The authorities got power to suspend a government servant under Rule 10, and even in absence of any statutory power of s......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.......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 ..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. ......n the order dated 11-2-74 passed by the learned Magistrate is illegal, the learned Sessions Judge should have referred the matter to this Court in spite of the fact that the learned Magistrate had no power to revive the proceeding. 11. The order of the learned Magistrate dated 11-2-74 and conse..........Petitioner Vs. Nurul Islam & others ..............................Opposite Parties Judgment July 18, 1978. Result: The Rule is made absolute. Cases Referred to- Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar D......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. ..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ...... the aforesaid superior police officers under section 13 of the Police Act. Mr. Mohammad Ayub, the learned Advocate for the petitioners argues that the District Magistrate cannot invoke his power under section 13 of the Police Act to settle disputes over possession of any land be......s. Jadu Gopal Shah Bhowmik & others………….............Opposite Party Judgment July 17, 1978. Result: The Rule is discharged. Cases Referred to- Parmeshar Dat Vs. Emperor 18 Cr. LJ.900; Makhdoom Hussain Vs. Dr. Wahed Ali PLD 1961 (WP) K......proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Ali Akbar Pandit & others Vs. Jadu Gopal Shah Bhowmik & others, 1978, 7 CLC (HCD)
....e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ...... the aforesaid superior police officers under section 13 of the Police Act. Mr. Mohammad Ayub, the learned Advocate for the petitioners argues that the District Magistrate cannot invoke his power under section 13 of the Police Act to settle disputes over possession of any land be......ioner Vs. Jadu Gopal Shah Bhowmik & others………….Opposite Party Judgment July 17, 1978. Result: The Rule is discharged. Cases Referred to- Parmeshar Dat Vs. Emperor 18 Cr. LJ.900; Makhdoom Hussain Vs. Dr. Wahed Ali PLD 1961 (WP) K......e order staying further proceeding of Miscellaneous petition No. 2 of 1977 before the Deputy Commissioner, Bakerganj is vacated. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 66. ..Category: Criminal Law | Date: 17 Jul, 1978 | Hits: 1
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......SC) 375 (377); Board of Education Vs. Rice, 1911 AD 179 (182); Government Board Vs. Arlidge 1915 AC 120; Abdul Kashem Vs. Bangladesh, (C A. No. 138 of 1977). Lawyers Involved: K.A. Bakr, Attorney-General with B.B. Roy Chowdhury, instructed by D. Hossain, Advocate-on-Record - For the Appel......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 following question raised on behalf of the Government Appellan..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. ......cations taking two grounds; one is that the State-owned Manufacturing Industries Workers (Terms and Conditions of Service) Ordinance, 1973-Ordinance No. 23 of 1973, has curtailed the Mill authorities powers to give any promotion or financial benefits to employees of the Mills and has hit the Manager...... Vs. Din Mohammad & others.....................Respondents Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For th......operative part of this Ordinance No.23, simply empowers the government to determine terms and conditions of service of workers including their wages, allowances, and fringe benefits and prohibits the granting, by any person or authority, of any wages, bonus, allowance etc. "which is in excess o..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
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