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.... the order of detention under rule, 5(1)(a) and the detention is, therefore, mala fide.
The learned Advocate has referred to few decisions which will be considered presently.
6. The learned Deputy Advocate General appearing for the respondents has argued that the detention orders were pass......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......tention under rule, 5(1)(a) and the detention is, therefore, mala fide.
The learned Advocate has referred to few decisions which will be considered presently.
6. The learned Deputy Advocate General appearing for the respondents has argued that the detention orders were passed with a view t......ll mention the materials in the affidavit, We have seen the materials in these cases. Arijitullah Sk. was found indulging in these sorts of activities sometime in 1956 and he was recruited as Special Police by the Dist. Anti Corruption Officer. A F. I. R. was lodged u/s. 156 of the Customs..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......um of deposition of the witnesses shall be recorded by the Chairman of the Board or at his discretion by any other member of the Board. In that case the Board simply relied upon the report of the DAB Inspector and the Court had held that the order of dismissal was without lawful authority and of no ......ny punishment inflicted in pursuance of such recommendation must be characterised as having been made without lawful authority and of no legal effect. The submission of the learned Assistant Advocate General Mr. Kazi Shafiuddin that sub-rules (4) and (5) have given ample opportunity to the petitione......de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
....al is allowed in part. Case Referred To- Bangladesh Vs. Fazlur Rahman, (1974) 26 D.L.R. 255;Bangladesh Vs. Abdul Mannan, (1977) 29 D.L.R. (S.C.) 17 Lawyers Involved: Sultan Ahmed, Deputy Advocate General—For the Appellant. M. A. Jalil—For the Respondents. A...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ...... part. Case Referred To- Bangladesh Vs. Fazlur Rahman, (1974) 26 D.L.R. 255;Bangladesh Vs. Abdul Mannan, (1977) 29 D.L.R. (S.C.) 17 Lawyers Involved: Sultan Ahmed, Deputy Advocate General—For the Appellant. M. A. Jalil—For the Respondents. Appeal from Origi...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....734; Jaffar Ahmed Vs. State, 26 DLR 211. Lawyers Involved: Md. Moksudur Rahman, Advocate instructed by S. S. Huda, Advocate-on-Record—For the Appellant. Sultan Hossain Khan, Deputy Attorney General with B. B. Roy Chowdhury, Assistant Attorney General instructed by Abdur Ra...... Dass, ILR 28 Cal, 211; Peer Badsha Vs. State, 15 DLR (SC) 55; PLD 1963 (SC) 93; Peer Badsha Vs. State, 15 DLR (SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 D...... 28 Cal, 211; Peer Badsha Vs. State, 15 DLR (SC) 55; PLD 1963 (SC) 93; Peer Badsha Vs. State, 15 DLR (SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 DLR 211. ......1; Peer Badsha Vs. State, 15 DLR (SC) 55; PLD 1963 (SC) 93; Peer Badsha Vs. State, 15 DLR (SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 DLR 211. Lawyers..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... Cases Referred to- Govind Rani Dasi Vs. Radha Ballabh Das, 15 C.W.N. 205; Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Ispahani Ltd. Vs. Deputy Custodian of Enemy Property and others (1968) 20 DLR 493. Lawyers Involved: S.R. Pa...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ......intiff. According to him it has cut the root of the plaintiff's case of right of possession as the wife of domesticated son-in-law. 11. Mr. Ismailuddin Sarkar, the learned Assistant Advocate General appearing on behalf of the respondent submits that by the "Anumati Patra" she has ...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......for entertaining a case of a Government Servant on the allegations upon which a departmental enquiry has already been concluded and disposed of? 8. Mr. M.M. Haque, the learned Assistant Advocate General, appearing for the respondents submitted with reference to Sub-Rule (2) of Rule 10 of the Go......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)
....de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......ications were heard analogously as common question of law is involved therein. In Writ Petition No. 201 of 1977 the petitioner was declared elected as Chairman of No 10 Umednagar Union Parishad under Police Station Baniachong, District Sylhet on 25th January, 1977 and if was duly published in the Ba..Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....l Revisional Jurisdiction) Present: K M Subhan J ATM Afzal J Tasir Ahmed and others………………Petitioners Vs. People’s Republic of Bangladesh represented by the Deputy Commissioner, Barisal…………………Respondents Judgment June 28, 1977. ...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ......s Ltd. Vs. Hajee Mohammedin & Co., 8 DLR 719; Azizur Rahman Vs. Janata Bank, 28 DLR 252. Lawyers Involved: Shahid Alam, Advocate - For the Petitioner. Sultan Ahmed, Deputy Attorney-General - For the Respondent. Civil Revision Case No. 627 of 1973. Judgment K M Subh...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
.... 403 of the Code of Criminal Procedure and as such the order should be declared to be of no legal effect in the suit filed by the plaintiff-petitioner. 5. Mr. Sultan Ahmad, the learned Deputy Advocate-General appearing for Government- opposite party has, on the other hand, contended t......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......f the Code of Criminal Procedure and as such the order should be declared to be of no legal effect in the suit filed by the plaintiff-petitioner. 5. Mr. Sultan Ahmad, the learned Deputy Advocate-General appearing for Government- opposite party has, on the other hand, contended that the Sea Cust......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
....not confer any such power on such authority. It is stated further that the detention is not in accordance with law and therefore, he is being detained illegally and improperly.
3. The Additional Deputy Commissioner (General), Jessore has sworn the affidavit on behalf of the respondents and stat......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ower on such authority. It is stated further that the detention is not in accordance with law and therefore, he is being detained illegally and improperly.
3. The Additional Deputy Commissioner (General), Jessore has sworn the affidavit on behalf of the respondents and stated that he dealt with......as an honest and social worker was responsible for securing the arrest of some local dacoits and miscreants in 1974 and 1975, namely, Rabin Biswas, Anil Biswas and Abdul Bari who were arrested by the Police with the help of the detenu it is further stated that the local miscreants who were responsib..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
....sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
......sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
......inal Jurisdiction)
Present:
Shahabuddin Ahmed J
Abdul Matin Khan Chowdhury J
Khulna Shipyard Employees Union (Registered No.441) Matiakhali, Khulna.......Petitioner
Vs.
General Manager, Khulna Shipyard and two others...................Respondents
Judgment
Ju......sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
....................Respondents
Judgment
June 10, 1977.
Result:
The Rule is discharged.
Lawyers Involved:
Mohammadullah—For the Petitioner.
Anwarul Huq Chowdhury, Deputy Advocate General—For the Respondents.
W.P. No. 98 of 1974.
In the Matter of ......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
......Respondents
Judgment
June 10, 1977.
Result:
The Rule is discharged.
Lawyers Involved:
Mohammadullah—For the Petitioner.
Anwarul Huq Chowdhury, Deputy Advocate General—For the Respondents.
W.P. No. 98 of 1974.
In the Matter of An application u......ed without any order as to costs and the order of stay is vacated.
Abdul Matin Khan Chowdhury J.-I agree,
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 47.
..
Category: Property Law | Date: 10 Jun, 1977 | Hits: 2
Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)
....rshed Alam Vs. The State, (1975) 27 D.L.R. 111;19 D.L.R. (S.C.) 426. Lawyers Involved: Mujibar Rahman with Md. Abdul Matin, Advocates–For the Petitioner. Anwarul Hague Chowdhury, Deputy Advocate-General—For Respondents No.2. Writ petition No. 248 of 1977. ......of the Special Powers Act, 1974 which provides that the Special Tribunal shall not take cognizance of any such offence except on a report in writing made by a police officer not below the rank of Sub-Inspector, and regard being had to the fact that the police after due enquiry submitted final report......ate, (1975) 27 D.L.R. 111;19 D.L.R. (S.C.) 426. Lawyers Involved: Mujibar Rahman with Md. Abdul Matin, Advocates–For the Petitioner. Anwarul Hague Chowdhury, Deputy Advocate-General—For Respondents No.2. Writ petition No. 248 of 1977. Judgment Ruhul I......mber in the house of Rostum Ali and asked him about the wheat and on his inability to say anything he was taken by force by the people to the Union Parishad Office where he was assaulted. 3. The Police after investigation submitted charge-sheet against three accused, namely Sirajul Haque, Bazlu..Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......aint arose against the jetty. Mr. Kidd (P.W.2) admitted in his cross-examination that no coal is ever discharged at the jetty unless it is specially requested. D.W.6 M.A. Sharif who is the jetty Inspector stated that since 1949 no coal is landed from any ship at the jetty. Coal is landed a......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
....bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
......bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
......Judgment
May 5, 1977.
Result:
The rule is made absolute in part.
Lawyers Involved:
M. Hafizullahfor H.K. Chowdhuary—For the petitioner.
M. M. Huq, Asstt. Attorney-General—For the Respondents.
Writ Petition No. 149 of 1971.
Judgment
Shahabuddi......bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....f a firm named, M/s. Bangladesh Decorators situated in Barisal and carried on the business of supply of tables, chairs, utensils etc. on hire. On 30-1-76 a letter purported to have been issued by the Deputy Commissioner, Bakarganj and signed by someone on behalf of the Deputy Commissioner was served......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ......n record to show that there was any such requisition. On the contrary, the petitioner has annexed to this petition "Annexure F", a letter from the Additional Deputy Commissioner who was the General Secretary of the Exhibition Committee dated 14-2-76 requesting him to supply 1000 chairs for......hment Division, Government of Bangladesh for information and necessary action in the matter. M.A. Khaliq, J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 29. ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ....... S. M. Shamsuzzaman, Advocate-on-Record- For the Appellant. Ismailuddin Sarkar, Advocate instructed by Abu Backkar, Advocate-on-Record- For the Respondent. K.A. Bakar, Attorney General with A. W Bhuiyan, Assistant General, instructed by A. Rab, Advocate-on-Record under Order ......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
....ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......the learned Magistrate discharged the accused under section 253 of the Code without recording any evidence holding that the charge was groundless Subsequently, on an application by the Court Sub-Inspector the Magistrate revived the case against the accused and ordered a denovo trial. The said o......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ......ar, North, Chittagong against the accused-petitioners is hereby quashed. Mohammad Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 344. ..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
.... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
...... of Pakistan.
2. The appellant a Company incorporated in Pakistan in 1959, took over on 1.1.1961 the business of the two British Companies, viz. River Steam Navigation Company Limited and Indian General Navigation Co. Ltd. referred to hereafter as R.S.N. Co. Ltd. and I.G.N. Co. Ltd., which...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....desh and another A.J.R. 1954 S.C. 369.; Parshotam Lal Dhingra Vs. Union of India P.L.D. 1958 (S.C.) 217. Lawyers Involved: Syed Manzurul Ahsan-For the Petitioner. Sultan Hossain Khan, Deputy Attorney General—For the Respondents. Writ petition No. 1025 of 1974 &nb...... (2) of Section 9 of the Act 2 of 1974 has no manner of application. 2. Petitioner's case is that he was in service of the Government since 5th August, 1947 when he joined as a Sub-Inspector in the Department of civil Supplies under the Government of East Bengal and on deputation ......ided in section 9(2) of the Act, and as such the order cannot be an order as contemplated under section 10 of the Act. 5. Mr. Sultan Hossain Khan, the learned Deputy Attorney General seriously Canvassed before us that Article 133 of the Constitution confers ample p......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
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