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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. ......ot be accepted that a person of his status could make such a statement and that too against a sitting Judge. We noticed the appellant from the very beginning was very much adamant in his stand and no amount of good counsel from his friends in the bar provailed upon him. He went on repeating the stat..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 customs authority and undertook to make good any shortage or loss and pay any duty that might be found to be leviable on the imported 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 whi......d is short and if such deficiency is not accounted for to the satisfaction of the officer-in-charge of the custom-house, the master of such vessel shall be liable to a penalty not exceeding twice the amount of duty chargeable on the missing or deficient goods, if they be dutiable and the duty leviab..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 ......torial waters of Turkey, the rapture of the offending vessel in the high sea by hot pursuit was justified in view of the sovereignty of the State over her territorial waters. We do not think that the principle laid down in the Lotus cases is of any help to the instant case which have been tried unde......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
.... 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
......
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming restoration does not hold good because the well settled principle is no body is entitled to take benefit of his own wrong. The decision on agreement has bee...... 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
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 ......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ......order of the Respondent taking the ground that the petitioner was not dismissed or removed from service but his services were terminated as he was a temporary hand and as such the termination did not amount to dismissal or removal as referred to in Article 177 of the late Constitution corr..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. ......ting his services on the 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 aff......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
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....given to the widow of late Mr. Lutfur Rahman as compensation but that was not accepted by the authority. It appears that the petitioner refunded the entire amount of Tk. 10.990/- to the Board by four installments and there was nothing due to be paid to the said Board. The petitioner was placed under......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 ......med Mr. M. A. Taher, his successor .In office about the aforesaid payment of TK. 10.990/- to the wife of Mr. Lutfur Rahman paid out of the fund of the Board and told him that he would refund the Said amount if the authority did not ultimately agree to grant her 'any compensation. In March, 1970 ..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 3
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. ......n by Mr. Moazzem Hossain in our opinion would depend upon whether it is prohibited by any provision of the Code of Criminal Procedure or is repugnant to any Rule or practice or is contrary to general principle of public policy. No decision of this Court or of the Appellate Division of the Supreme Co......corpus in India is governed by section 491 of the Code of Criminal Procedure. It further held that successive application under section 491 of the Code of Criminal Procedure would amount to reviewing the earlier decision which is barred by section 369 of the Code of Cri..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....end of 1973. The Company became unable to pay this debt whereupon this Creditor filed an application for winding up the Company but it was ultimately compromised on an assurance of payment of monthly installments which were however not paid, in these circumstances the appellant had filed an applicat......nied the allegations that the appellant was ousted from the management of the Company's affairs or that the Company became commercially insolvent but claimed that it was running on sound business principles and that its assets would exceed its liabilities. He blamed the appellant for his non-co-......ing who were neither share-holders nor directors. He alleged that with the help of his brothers-in-law the petitioner interfered with his management of the Company affairs and also misappropriated an amount of Tk. 52,000/- for which he had to file the T.S, No. 112 of 1973 against the petitioner. As ..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 ......e under section 406 B.P.C. have not been disclosed against the petitioners. The learned Advocate 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 end..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
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 ......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 ...... Secretary to Govt. or Chairman of the Tariff Commission with the rank and status of Secretary in a substantive capacity but he was officiating in this post and as such the order of reversion did not amount to an order reducing him in rank so as to attract Article 135 of the Constitution. ..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. ......pposite party submits that the facts of the case differ from the present one. Though the facts of the present case differ from the facts of the case referred to above yet there is no dispute over the principle that without any Ending that there is no apprehension of breach of peace concerning the la......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
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. ......er relating to commissioner's fee etc. An order of this type has been described by their Lordships of the Privy Council as "unfortunate" order. This appears to be in consonance with the principle that decree passed by the Court in preliminary form remains pending until the final decree......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. ..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......th them, but stands out on his own independent right and denies all right in his adversaries, can be drawn into a partition suit for decision of the question of title paramount. But, in any view, the principle appears to us to undoubtedly sound that where there is conflicting claim to share in the l......t, is in no view a cotenant with them, but stands out on his own independent right and denies all right in his adversaries, can be drawn into a partition suit for decision of the question of title paramount. But, in any view, the principle appears to us to undoubtedly sound that where there is confl..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......n but also the Validity of the national legal order inspective of how or by whom such a change is brought about.” The Supreme Court on review of this decision has now held: “The principle laid down in Dosso's case is wholly unsustainable and cannot be treated as good law ei......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ...... law and citing from various authors and text-book writers came to the conclusion as under :- “The preponderant view appears to be that law is not the will of a sovereign. Law is a body of principles-called rules or norms-recognized and applied by the State in the administration of justic......ansfer of the present case from the Court of Special Tribunal to the Special Martial Law Court was illegal and without jurisdiction. If a decision is given without jurisdiction that is nullity and no amount of confirmation by a superior authority will make valid an order which is nullity. In the wor..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ..........Appellant Vs. Rahmat Ali Galdar & others........................Respondents Judgment April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Ac..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ...... these two views may be reconciled if the question of inter-connection and inter-dependence of the two firms is properly answered. It the two firms got no connection whatever with each other then the principle of law as enunciated in the case of 'Jeshingbhai Ujamshi' will be applicable in th......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......been taken in 26 D.L.R. 291 has not been followed up by any other High Court and this view that was taken on the interpretation of the proviso requires modification. It is profitless to reiterate the principles which have now been well settled as to the meaning, scope and extent of section 145&......fficer or authority empowered to prevent breaches of peace by restricting the movement of persons, he must first give them an opportunity of showing cause before action? To hold so would, in my view, amount to stultifying the action itself and, therefore, I can not agree that this rule is of univers..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......been taken in 26 D.L.R. 291 has not been followed up by any other High Court and this view that was taken on the interpretation of the proviso requires modification. It is profitless to reiterate the principles which have now been well settled as to the meaning, scope and extent of section 145&......fficer or authority empowered to prevent breaches of peace by restricting the movement of persons, he must first give them an opportunity of showing cause before action? To hold so would, in my view, amount to stultifying the action itself and, therefore, I can not agree that this rule is of univers..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
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