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Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....A.G.- For the Respondents. Writ Petition No.323 of 1976. Judgment Shahabtiddin Ahmed J.- This rule under Article 102 of the Constitution calls in question three orders of the Government of Bangladesh Respondent No. 1, communicated by the Secretary, Establishment Division, Re......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21   ..

Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1

Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)

....ute. Tahsilder of Vested and Non resident Property Cell is not a public servant  holding whole-time office of profit so as to come within the mischief of Article 9 (2)(e)  of the Local Government Ordinance and thereby disqualified to become Chairman. Lawyers Involved: Khondk...... Non-Resident Property Cell (formerly the Enemy Property Management Cell), is a government servant. “It is clear that the O.P. No. 1 holds a whole time office of profit in the service of a body constituted by the Govt. Even if not a full-fledged Govt. servant the O.P. No. 1 is a person wh..

Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5

Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC

....referred to the case of Jamila Khatun Chpudhury Vs. Mahamud Khatun Choudhury, AIR 1918 Cal. 192. In that case the defendant, a mortgagee in possession of a share in a taluk, had undertaken to pay the Government revenue, but made default in payment of the revenue, and the taluk was sold for arrears o...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71   ..

Category: Property Law | Date: 14 Jul, 1978 | Hits: 11

Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

....Referred To- Union of India V.T.R Varma, AIR 1957 (SC) 882 (885); State of Mysore and oth­ers Vs. Shivabasappa Makapur, AIR 1963 (SC) 375 (377); Board of Education Vs. Rice, 1911 AD 179 (182); Government Board Vs. Arlidge 1915 AC 120; Abdul Kashem Vs. Bangladesh, (C A. No. 138 of 1977). ......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ..

Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96

R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)

.... the Mill authorities powers to give any promotion or financial benefits to employees of the Mills and has hit the Manager's orders giving these promotions and benefits, and the other is that the Government of Bangladesh, by an order dated 27-3-72, cancelled all promotions, increments and allowa......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.     ..

Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3

Abdul Majid Howladar Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others, 1978, 7 CLC (HCD)

....to defendant No. 1 and the plaintiff procured the same from defendants. Nos. 2 and 3 through Moslem Ali. Defendant No. 1 got the suit land recorded in his name inspite of objection by Moslem Ali. The Government acquired some of the excess lands of defendant No. 1 including the suit land,-but defenda......n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ..

Category: Property Law | Date: 14 Jun, 1978 | Hits: 2

Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

....bsp;510 of the Code of Criminal Procedure reads as follows:- “510. Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government, upon any matter or thing duly submitted to him for examination or analysis and report in......sent to the Chemical Examiner through a bearer whose name has also not been mentioned. 4. In the instant case, the post mortem examination was held on 11-8-67, the viscera and other parts of the body were sent from the Dacca Medical College Hospital to the Chemical Examiner on 30-10-67, the art..

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)

.... a person subject to military law to seeking any election, such as the Presidential election. But this bar is found to have been withdrawn by an amendment in Regulation No.293 (A brought about by the Government of Bangladeshby an order dated 28-4-78 (Annexure-B) publish­ed in the Bangladesh Gaze......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ..

Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....er Mostaque Ahmed did not enter upon the office of President on 15.8.75 according to the provisions of the Constitution in the wake of an abrupt change of government J he took over full powers of the Government in a manner not contemplated in the Constitution. The source and basis of his powers and ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ..

Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3

Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

....of the 20th August, 1975". Mr. Huq has argued if this is the overt policy of Proclamation of Martial Law which was done by the Proclaimed on 20th August, 1975 while seizing the full power of the Government with the help and mercy of the Almighty Allah and relying upon blessings of the people th......demned prisoner was informed by the Deputy Jailor, Dacca Central Jail that the date of execution of the condemned prisoner has been fixed on 18-4-78 and he was instructed to take delivery of the dead body, if he so desired, on 19-4-78 in the morning (Annexure-B). This Rule, as has already been ..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)

....Amin have been impleaded as opposite parties 2 to 4 (proforma) The allegations made in the petition are that the land id question originally belonged to Roy Harendra Nath and others in khas under the Government and the petitioner Ruhul Arnin and his three other brothers took settlement of Plot No. 2......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   ..

Category: Property Law | Date: 2 May, 1978 | Hits: 1

Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)

....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......f an individual, provided there is no more appropriate remedy. This Court has always refused to issue a mandumus if there is one of the reasons, no doubt, why, where there is a visitor of a corporate body, the Court will not interfere in a matter within the province of the visitor, and especially th..

Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3

Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)

....ants, 3, 4 and 5 preferred an appeal, under section 19(2) of the said Act, and the land was again in their names. Ext. C is the certified copy of that judgment of the appellate officer. The Government also collected rent from the defendant No. 4 vide Ext. B Defendant's categorical stat......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250.   ..

Category: Property Law | Date: 21 Mar, 1978 | Hits: 3

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

..... Paul at the very outset raised a question of maintainability of this application under Article 102 of the Constitution contending-that the 'Council' is neither a department of the Government of Bangladesh nor is it a statutory corporation or a local authority and as such it is no......39;s approval. The Fund of the Council consists of grants from the Government and donation and subscription from different sources including private sources. The Resolution did not make the Council a body corporation. Terms and conditions of service of the Council's officers and employees have n..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5

Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....r retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the Commissione......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426.   ..

Category: Property Law | Date: 24 Feb, 1978 | Hits: 2

Commissioner of Sales Tax, Chittagong Zone, Chittagong Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta¬gong, 1978, 7 CLC (HCD)

....ercise of the powers conferred by section 7 of the Sales Tax Act 1951 (III of 1951) and in supression of this Ministry's Notification No. 3 S.T., dated the 15th March, 1954, the Central Government is pleased to exempt from the Tax payable under the said Act, the goods specified hereund......ayed for certificate to appeal to the Appellate Division which is refused. Abdul Momith Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 226.   ..

Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2

Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)

....it was notified in the official Gazette and petitioner entered into office by taking oath. Bat respondent No, 2 challenged the election by an election petition under section 26 of the Local Government Ordinance, 1976 taking a number of grounds one of which was that there wet a mistake in t......he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140   ..

Category: Election Law | Date: 17 Feb, 1978 | Hits: 7

Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)

.... 5. The Labour Court is constituted under section 35 of the Industrial Relations Ordinance, 1960. This section provides that a Labour Court shall consist of a Chairman appointed by the Government and two members to be appointed in a prescribed manner, to advise the Chairman, one to re......s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124.   ..

Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3

Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)

....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......nd is legally entitled to perform the powers, responsibilities and duties of the Managing Director of the Company as per resolution of the Board of Directors dated 13-2-72 and approved by the general body of the shareholders on 30-6-72. 3. M/S. Alauddin and Taiwa Textile Mills Ltd. (hereinafter..

Category: Company Law | Date: 17 Feb, 1978 | Hits: 8

Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)

....ional Engineer, Dacca to the post of Bridge Engineer. As his representation against the order of transfer was not considered he submitted his resignation on 19-2-1972 and the same was accepted by the Government on June 20, 1972 with effect from the date of his resignation. The petitioner was drawing...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111     ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1