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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. ......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)

....sdiction) Present: Shahabuddin Ahmed J Rafiqur Rah­man J Shaikh Keramat Ali..............................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents Judgment July 6, 1979. Result: The rule i......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   ......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   ......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—For the petitioner. M.M. Hoque A.A.G.—For t..

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

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

.... Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment July 6, 1979......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 ......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   ......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

....sion (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The ...... 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   ...... 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   .......................................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

Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)

....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.   ...... (1979) 414.   ......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.   ......t: Rules in each of the petitions are made absolute. Cases Referred to- American Life Insurance Co. Vs. Dacca Municipality in Civil Appeal No. 97 of 1977 disposed of on 23.5.1978. Lawyers Involved: Asrarul Hossain with A. Azim, Advocates- For the Petitioner (In bot..

Category: Fiscal/Taxation Law | Date: 31 May, 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.     ......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)

....inal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J M. A. Hai........................................Petitioner Vs. Trading Corpora­tion of Bangladesh…………...Respondent Judgment April 3, 1979. Resul...... 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   ...... 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)

....T. M Masud J Muhammad Habibur Rahman J Md. Bokiotullah.........................Petitioner Vs. Chairman, Council of Cadet Colleges and Secretary Mi­nistry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 others.............Respondents Judgment M....... 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)

.... (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 ......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)

.... the matter are as follows: The appellant Abdus Sobhan filed Civil Appeal No.9 of 1978 aga­inst the judgment and decree dated August 18, 1977 passed by a Division Bench of the High Court of Bangladesh in First Appeal Nos. 16 and 17 of 1977 reversing those passed by the Subordinate Judge, 3......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)

.... 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     ...... 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     ...... 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)

....ip;…………Petitioner (In Writ Petition No. 674 of 1977) M/S. Thaiwaree Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Res­pondents (In all the c......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   ......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   ...... 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

Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)

....Civil) Present: Kemaluddin Hossain CJ Badrul Holder Chowdhury J Talekhal Progressive Fisher­man Co-Operative Society Ltd…………Appellant Vs. Bangladesh & Others…………………Respondent Judgm......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   ......p;…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.R. Pal, Sr. Advocate, with Md. Hannan, Advocate, instructed by M.R. Khan, A..

Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2

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.   ...... 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)

...., Ministry of Industries, Nationalised Industries Division……..Appellant Vs. Saleh Ahmed & Another……………….Respondents And Bangladesh Textile Mills Corpo­ration……….. Appellant Vs. Saleh Ah......ported in: 1 BLD (AD) (1981) 91 ...... 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 ......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   ...... 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)

....(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.     ......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)

....er Article 98 of the Constitution of 1962 was issued calling in question an order of the respondent, Director of Technical Education, Government of the then East Pakistan, now Government of Bangladesh, terminating the petitioner's service. The Petitioner was appointed as a Teacher......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