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Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....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   ......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   ......tious to intimate proceeding under President's Order No. 16 of 1972. So as to take properties which were not abandoned within the meaning of abandoned properties…….. (5 &7) Lawyers Involved: Anwar AH Khan — For the Petitioner. Syed J.R Mudassir Hoisain, A...

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....no show cause notice was served upon him giving him an opportunity to explain his position the impugned order is illegal being violative of Article 135 of the Constitution as well as of the principles of natural justice. 2. The petitioner was first appointed Asst. Attorney General on ......d order. In the result the rule is discharged without any order as to costs. Rafiqur Rahman J. — I agree, Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 332   ......urisdiction) Present: Shahabuddjn Ahmed J Rafiqur Rah­man J Kazi Abdul Wahab......................Petitioner Vs. Bangladesh, (through the Sec­retary, Ministry of Law and Parliamentary Affairs, Law Division)…………………..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)

....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. ......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. ......lant Vs. Sujayat Ali and others……………………Respondents Judgment July 12, 1979. Result: The appeal is allowed. Lawyers Involved: M.A. Rouf, Senior Advocate, instructed by Md. Aftab Hossain Advocate-on-Recor..

Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

.... simple. It is that after submission of charge sheet, particularly when the matter is subjudice, the intended counter enquiry is not contemplated in our Criminal law, rather it is against the general principle of law relating to criminal trial and that by directing this parallel enquiry the officer.......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   ......ry of Home Affairs, Govt. of Bangladesh and others......Respondents Judgment July 6, 1979. Result: The rule is made absolute. Cases Referred to- Patna High Court, 50 Crl Law Journal, (1949) 47427 DIR., 34230 DLR (SC)-228 Lawyers Involved: Razzaque Rahman&mdash..

Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

.... a Memorandum dated August 1, 1973 from the Ministry of Land Administration and Land Reforms, Section 8 to the Deputy Commissioner and Additional Deputy Commissioner, Revenue circulating some revised principles of lease of Government fisheries. According to this revised principles a river fishery sh......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 ......tive law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercise of the power without proper application of mind cannot be sustained….. (6) Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, with Mahmudul Islam, Advocate, instructed b..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)

....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   ......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   ......ce on record. Thus, in the ultimate analysis it becomes a matter of appreciation of evidence……………….(5) Cases Referred to- P L D 1970 Dacca 707 Lawyers Involved: K.S. Nabi—For the Petitioner. No one—For the Respondents. ..

Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2

Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC

.... 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   ......e's Republic of Bangladesh, under this signature of a Section Officer, informing the petitioner that he was not qualified to be a citizen of Bangladesh because he had registered his name with the International Committee of Red Cross for going over to Pakistan (Annexure-L). 2. The case of th.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The rule is made absolute. Lawyers Involved: M. I. Farooqui—For the petitioner. Kazi Shafiuddin Ahmed, A. A. G...

Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1

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.     ......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.     ......, Manicken Vs.Mamanathan Chettiar & others, AIR 1949 Mad 433, Babulal & others Vs.Mannillal, AIR 1953 Raj. 189; Hafasji Ibrahim & others Vs.Mangalgirji Mathurajirji, AIR 1946 Bom 201 Lawyers Involved: Ahmed Sobhan, Advocate-For the petitioner Abu Taher Chowdhury, Advocate..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

....t that of an employee under a private employer governed under the ordinary law of "Master and Servant". A decision of the Appellate Division in the case reported in 29 DLR 41 is the guiding principle in respect of matters like this and in the absence of any statutory rules the principles o...... 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   ......1979;31 DLR (Appellate Division); 33 AIR 1970 Cal. 179; University of Ceylon Vs. Fernando; Russell Vs. Duke of Norfolk (11); C.A. No. 52 of 1978, 31 DLR AD 33, (1977); 29 DLR AD 41;(1974) 26 DLR Lawyers Involved: Rafiqul Hoque, Fazlul Hoque, Md. Aminul Hoque—For the Petitioner H..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

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   ....... 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..

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 ......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..

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. ......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..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)

....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...... 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..

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)

....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......ion by referring to the provision of the Territorial Waters and Maritime Zones Act relating to the absolute sovereignty of the State over the economic zone and also to certain cases decided under the International law. Under section 5 of this Act all natural resource as within the economic...... 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..

Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1

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.   ...... 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..

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)

.... 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 ......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..

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 ......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..

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   ...... 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..

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.     ......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..

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           ......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..

Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2