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Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......n the Official Gazette as a Centralised Service on all Pakistan basis called the Civil Service of Pakistan and the petitioners' rights and privileges for career advancement were protected in terms of the CSP (Composition and Cadre) Rules, 1954 framed under the authority of the Constitution.......4 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Lawyers Involved: Syed Ishtiaq Ahmed with S.A. Latif, Abdul Rah Chowdhury and Rabia Bhuiya, Advocates-For the Petitioners. K.A. Bakr, Attorney General, with MM. Haq and ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....of reinstatement was justified.
In the result, therefore, both the appeals are dismissed but without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 329.
......adequately compensated on a holiday "there was no scope for taking action against the two workers". In this view of the matter the petitions were rejected.
5. Leave was granted in terms mentioned above. Mr. Asrarul Hossain, the Learned Counsel appearing for the appellant, ar......
Lawyers Involved:
Asrarul Hossain, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record - For the Appellant (In both the appeals).
A.N.M. Gaziul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Respondent No.2 (In both the appeals).
Civil Appeal Nos.8 &..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......g day, i.e., 22nd December 1968. She further stated that the defendants are distant relations of the donor being step brother of donor's grand father and that her husband was not in visiting terms with them and that the defendants did not come to the house of the plaintiff No.1's husban......& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......e paid Tk. 30,000/- towards the consideration money and obtained a decree for specific performance of contract from the Court and the decree is under execution though not executed. The parties in terms of the contract were and are in possession of the property. It is therefore to be seen that wh......32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....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
......ant Attorney General is included, by necessary implication, in the "office of profit" and "service of Bangladesh". In support of this contention Mr. Paul had also referred to this terms and conditions of service of the Deputy Attorney General (Criminal) vis-a-vis that of Deputy A......diction)
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. ......dates and the question is whether on the footing of the order of exemption of service of notice, the appellant can claim exemption from substitution of the heirs of those deceased respondents in terms of proviso to rule 11 of Order 22 of the Code. 4. To appreciate the point it is to be not......esent: Kemaluddln Hossain CJ Ruhul Islam J KM subhan J Abul Bashar Toha…………………….......Appellant Vs. Sujayat Ali and others……………………Respondents Judgment ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
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. ...... 3. This rule enables the parties to compromise the whole suit or part of it and if the Court is satisfied that the compromise or the agreement is lawful, the Court is to pass a decree in terms of the compromise. 4. Section 141 of the Civil procedure Code has made the procedure prov......rties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949 Lah 186, Anandamoyee Desai Vs.Rudra Mohanti, 18 CLJ 141, Manicken Vs.Mamanathan Chettiar & others, AIR 1949..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... 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 ......oner is not a government servant but is an employee of a statutory corporation engaged in performing function of public nature. No statutory rules have been made by the Corporation for regulating the terms and conditions of service of its officers and employees. But the Corporation has been followin......pril 3, 1979. Result: The rule is discharged. Cases Referred to- University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; AIR (SC), 1957, 882; C.A. Nos. 52 of 1977, 106 of 1977 and 138 of 19771979;31 DLR (Appellate Division); 33 AIR 1970 Cal. 179; University of Ceylon Vs. Fern..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....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
......ondents are accordingly directed, to pay him all the pecuniary benefits in accordance with the rules with effect from 1.1.72 to 1.3.77.
The rule is accordingly made absolute in part on the above terms but haying regard to the facts and circumstances of the case there will be no order as to cost......
Abdur RahmanChowdhury J
A.T.M. Afzal J
M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board..........Petitioner
Vs.
Secretary, Ministry of Power, Water Resources and Flood Control and another....... Respondents
Judgment
March 21, 1979.
Result:
..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
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 ......The rules are discharged. Lawyers Involved: Joynul Abedin-For the Petitioner (In Petition Nos. 247 to 281 of 1970) M. Hafizullah- For the Petitioner (In petition Nos.453 to 462 of 1970 and Petition Nos.14 and 26 of 1971) Anwarul Haque Chowdhury, D.A.G. with M.M. Huq, A.A.G.-..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
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 ......n, as Teacher Trainee Instructor (Technical), Dacca Polytechnic Institute, until further orders. Thereafter, he was transferred to Comilla Technical Institute in the same capacity. As required by the terms of the employment he appeared in B.E.D. Technology Examination of 1968 held on 11.11.69 by the......e employment he appeared in B.E.D. Technology Examination of 1968 held on 11.11.69 by the University of Dacca, but in the Examination Hall he was found adopting unfair means whereupon he was expelled and a notice was served upon him by the Controller of Examinations, Dacca University to show cause w..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......in opposition denying the allegation of malafide and contending that the principles of natural justice are hot applicable in the petitioner's case as he has been terminated in accordance with the terms of his contract of service. 3. In Writ Petition No. 538, the petitioner, M.A. Rouf was ap...... No. 479 of 1978) Vs. M. A. Rouf…………………………………Petitioner (In Petition No. 538 of 1978) A.M.M. Rishid Ahmed and Ors…………Petitioner (In Petition No.540 of 1978) Md. Ruhul Amin&helli..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....ss accounts were submitted but the petitioner did not attend these. As to the amended Memorandum and Articles of Association, it has been contended that the amendments were made by a resolution of an extraordinary General Meeting of the shareholders held on 5-10-62 in which the petitioner was presen......sheet nor did he allow his brother, the Chairman to participate in the affairs of the Company, and that is why the undertaking was obtained by the learned Judge from respondent No. 1 in the following terms: “I have also considered the practical' difficulties of the petitioner in enjoy...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......s total collection; as such he is not a person in the service of the Republic. It may be noted that "Service of the Republic" means government-service and there is no dispute that these two terms, "a person in the service of the Republic" as defined in Article 152 of th......iginal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Keramat Ali Talukdar.....................................Petitioner Vs. Election Tribunal and Munsif, 6th Court, Barisal and another……Respondents Judgment July 1..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......ereof and has contended that the learned Labor Court's finding that the respondents are not workers under this Ordinance is palpably wrong. This Ordinance gives the government powers to determine terms and conditions of service of 'workers' employed in State-owned Manufacturing Industrie......nts Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For the Respondents. Writ Petition Nos. 252 and 194 of 1976 Judgm..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ......Nos.3 to 6 for declaration of their title to some land of the aforesaid partition Suit No. 788 of 1929. During the pendency of the said suit, heirs of Mariam Bibi filed a petition for final decree in terms of the preliminary decree The learned Munsif however, rejected the petition mainly on the grou...... ..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......death he said that Monoruddin had poisoned him. He further stated that 3/4 years back Monoruddin attempted to kill his father over which there was a case, but during the occurrences they were on good terms and used to take meal in each other's house. 12. As stated earlier, there are a numbe...... just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and discussed by my learned brother and it is not necessary to go into those, section 510 ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156 ...... of this section we do not find any substance in this contention. Under section 176-A Government is empowered to make or amend any Regulation relating, among other things, to recruitment, discipline, terms and condition of service of members of the Army. 4. Mr. Nabi next contended that this hur......he Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the nomination papers submitted by re..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......e the nomenclature of prerogative writs such as Mandamus, Certiorari, Habeas Corpus and quo warranto were omitted from the constitutional vocabulary and the language was adopted which is in identical terms of the present constitutional terms and finds place in our Constitution in Article 102. J......(SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......-8 annas in 1332 B S. and continued to possess the same along with other lands. The said lands have been wrongly recorded in the impugned current khatian. Prayers have been made in the following terms: “(ক)ছায়েলের আরজীর বর্ণনামতে ত...... This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
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