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Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)
Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co¬operative Bank Ltd, 1975, 4 CLC (HCD)
M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional
Whether
before taking any action by way of suspension of any Governing Body the
aggrieved party i.e. the Governing Body would be entitled to receive
any show cause notice—
In accordance with the principles of natural justice, no penal action shall be taken against anyone without any prior notice to show cause against any proposed penal action. In the proceedings before the Board under sub-section (3) the Governing Body being the aggrieved person shall have the opportunity of being represented and only after hearing and considering such representation about the allegation and accusation against the Governing Body, the Board can take appropriate penal action by way of dissolution and reconstitution of the Governing Body……………….(21)
Whether an interim order for temporary suspension of a person in any office is a penal action by itself and it has been consistently held in the negative—
No judicial decision is available in support of the proposition that an interim administrative order for temporary suspension of any person in any office, required any prior show cause notice, particularly when such order is followed by a quasi-judicial proceeding where the aggrieved person is enable to defend oneself before any final penal action is taken……(22)
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
In the presence of any family member no property can be treated as abandoned property even if the owner of the property is absent—
The owner may be absent or his whereabouts may not be known but if his family members or heirs, as the case may be, are present in Bangladesh on the relevant date his property cannot be treated as abandoned property…….(3)
On receipt of information to that Government bound to restore the property.
If
on some sort of information the Government had treated the same as an
abandoned property, it was their foremost duty to release the same as
soon as satisfactory evidence was produced before them that the
properties in question could not be treated as abandoned property within
the meaning of Article 2 of the President's Order No. 16 of 1972 due to
the circumstances mentioned above…....(3)
Shahidullah (on behalf of Golam Ali, son of late Sadar Ali, accused in cus¬tody) Vs. The State, represen¬ted by Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Eden Bu¬ildings, Dacca, 1975, 4 CLC (HCD)
Order of the Government Needed to Extend Initial Detention—
The absence of the initial detention beyond 6 months with extended by any order of the Government for further investigation coupled with the non-submission of the charge-sheet before the Special Tribunal has rendered the detention illegal.
The detention of the accused beyond the initial period of 6 months after his arrest is thus illegal and without lawful authority and he is being held in custody without lawful authority and in an unlawful manner……………………… (4 & 5)
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
Md. Shahabuddin Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca, 1975, 4 CLC (HCD)
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
Bangladesh Union Parishad and Paurasbsva Election Rules, 1973
Rule 40—
The Sanctity and Impartiality of the Election—
The
provisions of Rule 40 do not empower the Presiding Officer to take away
the ballot boxes to any place out- side the centre and then count the
votes. These provisions required that the counting should take place at
the centre and as soon as the polling is over. There can be no chance of
time and place according to the will of the Presiding Officer. If that
is done, the sanctity and impartiality of the entire election is
affected……(4)
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
An application for leave should not be entertained when the appeal is time barred.
Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)
Md. Siddiqur Rahman, Acctt/Funds & Claims & others Vs. The Board of Trustees, Port of Chittagong, and others, 1975, 4 CLC (HCD)
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
The College of Music Vs. Secy. Revenue Depart¬ment, Govt. of Bangladesh 2. Deputy Commr, Dacca & 4 others, 1975, 4 CLC (HCD)