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Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....ous inasmuch as the President has given his approval to the impugned provisional promotions and that the Government has made the Senior Policy Pool Order 1979 on 23rd August, 1979, in exercise of the powers conferred by Section 4 of the Services Re-organisation and Conditions Act, 1975 (Act XXXII of...... Govt. of Bangladesh……………….. Petitioner Judgment September 10, 1979 Result: The Rules are accordingly disposed of. Case Referred to- General Manager, Southern Railway Vs. Rangachari, AIR 1962 (SC) 36 ; Nagnooor v: State of M......ury A.T.M. Masud .- These two Rules have been heard one after another and are being disposed of by this judgment as the same points are involved in both these Rules. 2. The two Rules were issued calling upon the respondents to show cause why the impugned notifications as contained in Annex......y;dation to the President (Copies of the aforesaid Notifications are annexed to the Petitions as Annexure 'B'). It was further stated in the petitions that the Superior Selection Board in its meeting held on 12-2-79 considered the cases of promotion of erstwhile CSP officers of 1965 batch, a..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....655 of 1976.
The points for consideration are whether the courts below erred in law in not considering the second stipulation of the agreement which manifestly reserves with the company the power to take appropriate disciplinary action against the leaders of the legal strike on 14.3.7......LR (AD) (1979) 329.
......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.
......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.
..
Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182
....1972 means-
any property owned by any person who is not present in Bangladesh or whose whereabouts are not known or who has ceased to occupy, supervise or manage in person his property.
The power to treat a property as an abandoned property is limited-
The mere service of notice on wi...... Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within the meaning of the Presidents Order No. ......wdhury Road under PS. Sutrapur, Dacca originally belonged to Sk. Abdul Aziz and his wife Moriam of village Kamarkhola under P. S. Nawabganj, District Dacca. They had owned and possessed the same physically up to 12-2-74, when they executed a General Power of Attorney in favour of one Sk. Md. Abdul M......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
..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....f efficient discharge of duties and contending that his service was not found to be satisfactory. The Government however, did not take any action by way of punishment but the President in exercise of powers conferred on him by the President's Order No. 6 of 1972, removed him from service without......irs, Law Division)…………………...................Respondent
Judgment
August 2, 1979.
Result:
The rule is discharged
Cases Referred to-
A.I.R. 1973 SC 1135; Weekly Law Reports, October 29, 1971 page 1582; Criminal Revision Case......y way of punishment but the President in exercise of powers conferred on him by the President's Order No. 6 of 1972, removed him from service without assigning any reason as the said Order specifically provides for such removal. The petitioner claims that he is "a person in the service of t......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
..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
....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
......er
Vs.
Secretary, Ministry 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 In.......
M.M. Hoque A.A.G.—For the Respondents.
Writ Petition No. 159 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question the legality of a notice dated 15.11.77 (Annexure-F) of the Chairman, Baintala Uni......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
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....Government of Bangladesh & Others………….Respondents Judgment July 6, 1979 Result: The appeal is allowed. Administrative law—Discretionary power— Authority must exercise the power reasonably— Arbitrary exercise of the power wit........ (6) Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, with Mahmudul Islam, Advocate, instructed by Abu Backkar, Advocate, on Record-For the Appellant. Md. Moksudur Rahman, Deputy Atorney General, instructed by S.S. Hoda, Advocate on-Record-For the Respondents 1-6. N. H. Khan......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 ..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....stion is whether a revision preferred against the decision of the lower appellate Court under section 96 of the East Bengal State Acquisition and Tenancy Act is a proceeding. The revisional power as conferred by, section 115 of the Civil Procedure Code may be exercised by the, High Court e......tioner Vs. Ali Ahmed Sikder & others………… opposite parties 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, Ana......determines the rights of the parties with regard to the land in dispute and as such this is an original proceeding and the determination of the right of the parties are conclusive, whether it is called a decree or an order and the effect is the same. So we feel that provisions of Order 23 Rule ......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. ..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....defence. He, in fact, submitted his defence, denying the allegations but the authorities were not satisfied with his explanation. The authorities were also not bound to hold any enquiry but got every power to dispose of the case on consideration of his explanation, and if any enquiry was held there ......ioner Vs. Trading Corporation of Bangladesh…………...Respondent Judgment April 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. ...... 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 ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....ses of inefficiency, misconduct and corruption. Provisions of Sub-Rule (e) of Rule S of the said Rules are quoted below:
“5(e)(i). In cases calling for a major penalty the authority having power to impose the penalty shall frame a charge communicate it to the accused together with a state......f Defence, Govt. of Bangladesh, Old High Court building, Dacca and 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 Hos......he Petitioner.
Anwarul Huq Chowdhury, D.A G., and M.M. Huq, A A.G.—For the Respondents.
Writ Petition No. 1 of 1977
Judgment
Chowdhury A. T. M. Masud J.-This Rule was issued calling upon the respondents to show cause as to why the order of compulsory retirement of the petit.......
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
..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....ateral purposes In reply the learned Deputy Attorney General has submitted that when the options were open before the Government for taking action against an employee it was within its competence and powers to opt for either of them. He has also placed before us the connected Government file in the ......retary, Ministry of Power, Water Resources and Flood Control and another....... Respondents
Judgment
March 21, 1979.
Result:
The rule 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. Pro......e is no allegation of mala fide against any of the respondents. In the absence of any thing on record to shows that the impugned order was passed mala fide for collateral purposes, no interference is called for. Having regard to these fact and circumstances and our discussion above, we do not find a......d has submitted that the impugned order having been passed on the unilateral report of the Chairman alleging inefficiency, the petitioner was in fact penalised without affording him an opportunity of meeting the allegations made against him. He has further argued that if the petitioner was found to ..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
.... a consideration of Tk. 83,000/- out of which Tk. 60,000/ was paid on different dates and an agreement was executed on June 4, 1972 and the balance Tk. 23,000/- was paid on July 4, 1972 and a general power of attorney was executed by the respondent on September 30, 1972 in favour of the appella......ellant. Rafique-ul-Huq, Senior Advocate, instructed by B. Hossain, Advocate-on-Record - For the Respondent No.1. Abu Bakkar, Advocate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9...... the respondent as alleged by the appellant. In the written objection affirmed by Syed Moinul Hasan, only brother of Dr. Kishwar Jahan Begum, wife of the respondent A.B. Khan it has been categorically stated that neither the respondent nor his wife has any relationship whatsoever with the learn......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. ..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... notice of measurement was served upon the petitioners which was taken in their absence and as such they could not be bound by such measurement; thirdly, that the penalty imposed was in excess of the powers conferred on the Assistant Collector of Customs under Section 182 of the Act; Fourt......ahman Chowdhury J A.T.M. Afzal J Hegge & Company Ltd……………………………....Petitioner Vs. Assistant Collectorof Customs & others………….....Respondents Judgment March...... 3. Facts leading to these rules, in brief, are that the petitioners while acting as shipping agents for the ships carrying imported petroleum products were served with a notice by respondent No. 1 calling upon them to show cause as to why penal action should not be taken against them under sectio...... 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 ..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)
....Maritime Zones Act, 1974 (Act XXV 1/74) provides for declaration of the territorial waters, continental shelf and other maritime zones and matters ancillary thereto. Section 3 of this Act empowers the Government to declare by notification in the Official Gazette the limits of the sea beyon......ition Nos. 673, 674 and 850 of 1977 Judgment Shahabuddin Ahmed J.—These three Rules under Article 102 of the Constitution call in question three separate orders of the Collector of Customs, Chittagong, confiscating three Thai Fishing Trawlers along with the fish found there......espondent (In all the Petitions.) Writ Petition Nos. 673, 674 and 850 of 1977 Judgment Shahabuddin Ahmed J.—These three Rules under Article 102 of the Constitution call in question three separate orders of the Collector of Customs, Chittagong, confiscating three T......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 ..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
....
Heard learned Advocate for the accd and also the learned P.P. The I.O. has collected materials in this case but he has opined that those materials were not reliable. He has therefore usurped the power of the Court and has given a positive opinion on the efficacy of the evidence. The I.O. has th......and another……………………Opposite parties
Judgment
March 9, 1979.
Result:
The rule is accordingly discharged.
Cases Referred to-
Dost Mohammad Vs. The State, (1977) 29 DCR 122; Salimuddin Ahmed Vs. The State (1976) 28 DL......l Awla Zahirul Hossain—For the Petitioners.
Md. Anwar Hossain—For the State.
Criminal Revision No. 748 of 1977
Judgment
Mohammad Habibur Rahman J.-This rule was issued calling upon the Deputy Commissioner, Bakerganj and opposite party informant Khorshed Ali Bepari to ...... 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.
..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
....hers…………………………..Respondents
Judgment
March 9, 1979
Result:
Both the petitions are dismissed.
No lack of power of the Government to make the promise—Government bound by the promise.
Government t......lip;…………………..Respondents
Judgment
March 9, 1979
Result:
Both the petitions are dismissed.
No lack of power of the Government to make the promise—Government bound by the promise.
Government took the decision on agre...... 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
......further to find out whether the former owners were Bangladeshi owners so far this Mill was concerned. Then on 18.6.77 the petitioner Saleh Ahmed, a Director of the Mill was requested to attend a meeting on 21.6.77 "to discuss about transfer of M/S. Mohammadi, Calendering and Printing Mills..
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 ...... 98 of the Constitution of the erstwhile Islamic Republic of Pakistan is directed against an order passed by the Additional District Magistrate declaring the petitioner along with others as touts under Legal Practitioners Act, 1979 (hereinafter called the Act). 2. Facts leading to thi......mic Republic of Pakistan is directed against an order passed by the Additional District Magistrate declaring the petitioner along with others as touts under Legal Practitioners Act, 1979 (hereinafter called the Act). 2. Facts leading to this Rule in brief, are that the Secretary, Mukhtear Bar A......a notice upon the members, of the Association to submit the names of such undesirable persons. In response to the said notice the members submitted a list of persons which was placed before a general meeting of the Association where an Enquiry Committee was formed to enquire into and scrutinize the ..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....aining at home and abroad. After liberation of Bangladesh he was absorbed in the Corporation and posted as Commercial Manager and thereafter as Director, Operation Director, Planning and Director, Manpower Development and Training, On i.4.74 he was promoted to Grade X which is the highest grade in t...... the cases) Judgment January 19, 1979. Result: The rules in Writ petitions Nos. 479 and 538 of 1978 are made absolute Orders of termination are dismissed. Cases Referred to- Bangladesh Small Industries Corporation, Vs. Mahbub Hossain Chowdhury reported in 29 D.L.R.......der any law, such as the PIAC Act, 1956. Furthermore, it has been contended, neither the Government nor the Corporation framed any service rules for the Corporation's employees. The service rules called P.I. A. Service Code, it is explained, are being followed by the Corporation as mere guide li......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. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
.... occupation of other persons and that those portions were property of Court of Wards. The Government held that the impugned requisition was unjustified, but the Government instead of exercising their power of revision, forwarded the application for revision to the Divisional Commissioner for dispose......hy;pondents
Judgment
January 18, 1979.
Result:
The rule is made absolute in part.
Lawyers Involved:
M B. Rahman—For the Petitioner.
Quazi Shafiuddin, Asstt. Attorney General—For the Respondents.
Writ Petition No. 621 of 1978
Judgment
Shah......zi Shafiuddin, Asstt. Attorney General—For the Respondents.
Writ Petition No. 621 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question an order of requisition dated 1.10.77 passed by the Addl. Deputy Commissioner, Dac......pondents are directed to pay costs of this application which we assessed at taka 1000/- only.
A. T. M. Afzal J.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 418
..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....ld: “There can hardly be any dispute with the rule as laid down in this case that apart from the provisions of section 21 of the General Clauses Act, locus poenitertiae. i.e. the power of receding till a decisive step is taken, is available to the Government or the relevant auth......p;…….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: The rule is made absolute. Cases Referred to- 21 DLR (SC) page 238 (Pakistan Vs. Md Nimayamatullah Farukh; 27 D.L.R. (Dacca) 315 Law......mdash;For the Petitioner. Mudassir Hoisain, Asstt. Attorney-General-For the Respondents. Writ Petition No. 31 of 1978. Judgment Abdul Matin Khan Chowdhury J.- This rule was issued calling upon the respondents to show cause why the order dated 24-11-77 contained in Annexure 'J......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....ion was beard. Once the application had been looked into and disposed of on the merits there is no provision either in the Criminal Procedure Code or any other law for the time being in force which empowers the High Court to rehear such an application. An application for a writ of habeas corpus is o......esented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: The Rule is made absolute. Cases Referred to- Ramji Lal Vs. Rex AIR 1949 East Punjab 67; Kishori Lal Vs. Crown ILR 1945 (Lah) 573; Malhar......e Petitioner. Moazzem Hossain, Asstt. Attorney-General—For the Respondents. Criminal Miscellaneous No. 155 of 1978 Judgment Abdul Malek J.- The petitioner obtained this Rule calling in question the order passed by the Additional District Magistrate, Mymensingh detaining Mr.......in the bordering area of the country was engaged in maintaining secret link with armed miscreants who fled to India after 1.8.75. The armed miscreants also used to meet him off and on and hold secret meetings at his house to make plan and programme to render all possible help in anti-state activitie..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
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