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....not in connection with the proceeding started on the charge-sheet dated 4.5.77. Since the respondents did not withdraw the order of dismissal he moved this court and obtained the rule challenging the legality of the order of dismissal on the ground that it was in contravention of rules, violative of......ouncil was not a "local authority" within the meaning of this Article read with the General Clauses (Amendment) order, 1972 the application is not maintainable. The subsequent change of its status will not have any retrospective effect.
10. Even if we hold that the application was mai..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....s clearly found to be arbitrary and without lawful authority. In the result, the rule is made absolute and the impugned order is declared to have been made without any lawful authority and of no legal effect. The respondents are directed to pay costs of this rule which we assess at Tk. 500.00 (......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....ion of the Board of Directors of M/S. Alauddin and Taiwa Textile Mills Ltd dated 18-8-77 in which the defendant No. 1 was alleged to have been elected as a Managing, Director of the said Company is illegal, mala fide, ultra vires and without jurisdiction, that the defendant No. 1 is not the Managing......eclaratory prayer as made in the plaint are not contemplated by the provisions of section 42 of the Specific Relief' Act as the plaintiff has not prayed for the declaration of his legal status ; that according to the plaintiff's own case the authority to vest a Director with the po..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....in Appeal No. 4 of 1975 confiscating the imported goods claimed by the petitioner and directing that the goods be disposed of by auction as to have been made without any lawful authority and is of no legal effect. 2. The petitioner proprietor of M/s. Boys Hosiery, imported on a valid import lic...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....r 30, 1972 and directing repayment/realisation of the alleged over payment to the petitioner from 19-2-73 to 29-11-72 should not be declared to have been passed without lawful authority and was of no legal effect. 2. The petitioner's case, in brief, is that he was appointed on July 20, 1963 as A...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....e learned Labour Court on consideration of the facts and circumstances of the case "allowed the case" of respondent No. 2 held that his order of transfer was mala fide and as such it got no legal effect, that he was still in the employment of the petitioner and directed that he be allowed ......f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r. 3. Mr. Rafiqul Islam, the learned Advocate appearing in support of the rule has seriously assailed the impugned order of the Registrar taking the ground that the impugned order of review is illegal and without jurisdiction since the power of review cannot be exercised by the Registrar more t......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of no avail if the impugned order is ex-facie illegal or void being violative of any provision of the Constitution. We find that an alternative reme......dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336. ..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
.... that the alternative remedy is not available without loss of time and money. Again, the question of alternative remedy, he has argued further, will be of no avail if the impugned order is ex-facie illegal or void being violative of any provision of the Constitution. We find that an alternative reme......s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144. ..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....nts were in transit and it was contended that the service of notice under section 77 of the Act and that under section 80 of the Code of Civil Procedure were not valid, proper and legal. 4. On the objection of the defendants 1 and 2, defendant No. 3, Deputy-Collector Central....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
.... implementation was to take effect from 1st July, 1974. The order of the Management refusing these workers the benefit of new scale for the period from 1st July, 1973 to 30th September 1974 is illegal. Hence they filed the application before the Labour Court for a direction upon the management ......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....mpetent court shall not be brought before another court by the same parties, for if such case is allowed to be fought again the successful party will be put to harassment and there will foe no end of legal battle. A case must be decided finally and once for all and after it is so decided no further ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....pearance should not be interpreted or construed too strictly to their disadvantage; Even if the vokalatnama filed by the defendant No. 2 through their constituted attorney is not acceptable in strict legal sense of the term, defendant No. 3, the Captain of the ship who had already entered appearance......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)
....e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......cord I could not find any order of attachment. Mr. Rafiqur Rahman in this connection points out to me the order passed by the Sub-Divisional Magistrate dated 1-4-75 stating that the O/C will maintain status-quo of the land. This cannot be construed as an order of attachment. As the impugned order wa..Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1
...., 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect and that he was still in ser......n Chowdhury (1977) 29 DLR (SC) 41 where it was observed that "Precedent hearing or compliance of the principle of natural justice is implicit in the dismissal of employee enjoying some statutory status or holding a statutory post or a post of a public character." Apart from citing these ca..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
.... who alone was authorised to take any action with regard to an enemy property and the Sub-Divisional Officer not being any of the said categories of officer the said notice and order were without any legal authority.
8. Learned Counsel has further contended that the Custodian of Enemy Property ......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....ed secretly and without any knowledge of the co-sharer pre emptors. The case land is vitally and essentially necessary for their use and occupation and they being co-sharer tenants by inheritance are legally entitled to get the case land by way of pre-emption. 2. The purchaser-petitioner contes......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....ll by operation of section 141 of the Code of Civil Procedure attract the provision of Order IX, rule 13, C.P.C, with the result that the order complained of shall prevail as sound and legal.” In the case of Birendra Nath Biswas Vs. Monorama Devi and others, reported in A. ...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....er, Narayanganj Range, demanding payment of Taka 80,165/- as Urban Immoveable Property Tax for the years 1957-58 to 1972-73 should not be declared to have been made without lawful authority and of no legal effect. The petitioner instead of filing separate applications impugning the orders of the ass......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....t is of no consequence and in support of his contention he has cited to us-"Full Wood Vs. Chancery Division, Vol. IX page IX 176 wherein it was held that when an injunction is sought in aid of a legal right the Court is bound to grant it if the legal right is Established and mere lapse of time ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
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