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Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....the promotion of respondeqt Nos. 3 and 4 (in Writ Petition 527/79) and respondent Nos. 3 to 7 (in Writ Petition 528/79) should not be declared to have been made without any lawful authority and of no legal effect and why the respondent Nos. 1 and 2 of the petitions should not be directed to withdraw...... guaranteed under Article 29 of the Constitution. 13. It was stated that the impugned promotions have adversely affected the terms and condition of service, of seniority, pay, rank and status of the petitioners. It was further stated that being aggrieved the petitioners made writ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....red in law in not considering the second stipulation of the agreement which manifestly reserves with the company the power to take appropriate disciplinary action against the leaders of the legal strike on 14.3.76 and further in not considering that the Company had followed the statutory p......of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
..............Respondent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a t......ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....ban Development, Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within the meaning of the Presi......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
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Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
.... way of reduction in rank and as this punishment has been inflicted without giving him any opportunity to defend himself the impugned order being violative of the said Service Regulations is wholly illegal and without jurisdiction. He has prayed therefore for a declaration from this Court to this ef......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....ith service of such notice on any respondent who did not appear, either at the hearing in the Court whose decree is complained of or at any proceeding subsequent to the decree of that Court or on the legal representatives of any such respondent; Provided that………&hellip......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
.....G.—For the Respondents.
Writ Petition No. 159 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question the legality of a notice dated 15.11.77 (Annexure-F) of the Chairman, Baintala Union Parishad, under P.S......iling an application under section 494 of the Code. No order as to costs.
Rafiqur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 346
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
.... 1978 passed by respondent No. 2 the Joint Secretary; Ministry of Land Administration and Land Reforms (Annexure J to the Writ petition) to have been made without any lawful authority and without any legal effect, alleging, inter-alia, that the appellant being the highest bidder at the auction ......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....impugned order dated 30.10.72 passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 22 of 1971 is hereby declared to have been passed without any lawful authority and is of no legal effect. The case is sent back on remand to the Labour Court for rehearing in accordance with L......ly made absolute. Since the rule is not opposed, 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) 301 ..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC
....r became a citizen of Bangladesh by the operation of law and continues to be a citizen of this country and as such the notification in question was issued without any lawful authority and it is of no legal effect. In the result, the rule is made absolute without any order as to costs. Shah...... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29 ..Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....nformation given to us as we have no reason not to accept the statement of a senior counsel of Mr. Asraul Hossain's standing and which is not -also disputed by Mr. Nurul Huda. In view of the legal position as noticed above, we are of the opinion that the respondent No. 2 is required to re-a......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414. ..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
...."proceeding" in the Civil procedure Code. "Proceeding" as we understand it to have been used in the Civil Procedure Code, is a prescribed mode of action for carrying into effect a legal right, it means and includes all the steps and measures for prosecution or defence of an actio......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. ..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
....ioner as contained in Annexure "F" dated 11-12-76 and "G" dated 28-12-76 passed by the respondents should not be declared to have been passed without lawful authority and is of no legal effect.
2. The petitioner was appointed as Vice-Principal, Rajshahi Cadet College in the .......
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
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Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....shows that the impugned order was passed mala fide for collateral purposes, no interference is called for. Having regard to these fact and circumstances and our discussion above, we do not find any illegality in the impugned order passed by respondent No. 1 retiring the petitioner compulsorily under......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. ......f the information before incorporating the same in his application filed before this Court for setting aside the judgment passed in his appeal. Normally, it could not be accepted that a person of his status could make such a statement and that too against a sitting Judge. We noticed the appellant fr..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
.... are not applicable either. In the result all the three rules are made absolute and the impugned orders of confiscation are declared to have been made without any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This......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)
....p; such the same has statutory force. We however find that the rules have only given the guide line as to how the settlement is to be made but how these rules can be invoked for claiming a legal right inhering in the petitioner which has no statutory force is not understood. The argument ......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
....nce no document has been executed the claimant has no right is nothing but taking advantage of one's own wrong. This it not permissible……..(10)
The appellants are under a "legal obligation" towards the respondents "to carry out specific ministerial duties" ...... 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
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....e passing of a resolution declaring any person to be a tout, by a majority of the members present at a meeting specially convened for the purpose, of an association of persons entitled to practice as legal practitioners, shall be evidence of the general repute of such person for the purpose. The res......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)
.... if available. In the result, the Rule is made absolute without any order as to costs. The impugned order of the Labour Court is declared to have been made without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case...... 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
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