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Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......ginal Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judg......ecial Original Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents ...... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....as an advocate before subordinate Courts in Bangladesh for a period of two years; (b) he is law graduate and has practiced as an advocate before any High Court outside Bangladesh notified by the Government in the official Gazette; (c) he has, for reason of his legal training or experience ......diction) Present: Abdur Rahman Chowdhury J ATM Afzal J Kazi Habibul Awal…………………………Petitioner Vs. Bangladesh Bar Council……………Respondent Judgment Nov......nal Jurisdiction) Present: Abdur Rahman Chowdhury J ATM Afzal J Kazi Habibul Awal…………………………Petitioner Vs. Bangladesh Bar Council……………Respondent Judgment......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....cumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……….(9 & 12) Case Referred to- Thengafhandra Vs. Government of Andhra Pradesh, AIR 1964 SC 1872; Manakehand Vs. Monoarlal, AIR 1944 PC 46; B.R. Bhuiy......Munim J Ruhul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants Vs. Bangladesh Shipping Corporation…………….Respondent Judgme......azle Munim J Ruhul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants Vs. Bangladesh Shipping Corporation…………….Respondent J......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.... Hotel which was then the Office of the District Peace Committee and produced before the accused. The accused told P.W.1 that he was helping the Bangladesh movement and was opposing the Pakistan Government. He directed the two Biharis to take P.W.1 to Pak Military at the police line where P.W.1......For the Appellant. Mashuque Hossain Ahmed, Advocate— For the State. Criminal Appeal No. 220 of 1973. Judgment Mustafa Kamal J.— This appeal under Article 16(1) of the Bangladesh Collaborators (Special Tribunals) Order, 1972, hereinafter referred to as P.O. ......ent: Mohammad Habibur Rahman J Mustafa Kamal J Saad Ahmed……………………………………Appellant Vs. The State…………………………&h......concocted and thoroughly undependable piece of evidence. Ext. 10, he argues, was not there when the seizure list Ext. 9 was prepared. 28. As already stated Ext. 10 was seized by P.W.13 Md. Serajul Huq. He deposes that he took up investigation of this case at the first instance. He fur..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....o give different interpretation of a provision, and means, therefore, have to be provided, for the resolution of such conflict. Written Constitution provides a standard by which the legitimacy of the Government's action is to be judged, and it is the function of the Court, which, is endowed with......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Jamil Huq (Ex-Captain)………………………Appellants Vs. Bangladesh & Others………………… Respondent ...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Jamil Huq (Ex-Captain)………………………Appellants Vs. Bangladesh & Others………………… Respondent ......if it is so intended, it may be done by the appropriate legislative or constitutional Authority by experss words and not by implication (Per K. Hossain, CJ) Case Referred to- Bangladesh Vs. Md. Abdur Rob, (33 DLR (AD) 143); Bangladesh Vs. Jahangir Hossain (1981 BID (AD) 378); Pro..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....t of the plots to their shareholders when they received the notice of requisition which covered their purchased land. The requiring body, the petitioner alleges, has been floated by a handful of high Government officials and businessman, who had ho earlier experience or performance to their credit. ...... Present: Amirul Islam Chowdhury J Mustafa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of......sdiction) Present: Amirul Islam Chowdhury J Mustafa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration,......(HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....is single act of neglect would not amount to a misconduct under Employment of Labour (Standing Orders) Act. In terms of the conditions of the survey certificate issued by the Marine Department of the Government these vessels were not to ply at night but in violation of the conditions of certificates......bour (Standing Orders) Act. The decisions cited by him are reported in AIR 1963(SC) 1756 and AIR 1957(SC) 326. He has also pointed out to a decision of the High Court Division of the supreme Court of Bangladesh reported in 33 DLR page 149 wherein it has been held that a single act of neglect of work......
(Special Original Jurisdiction)
Present:
Abdul Wadud Choudhury J
Sultan Hossain Khan J
Managing Partner, Messrs, Bank Line Navigation Company.............Petitioner
Vs.
Chairman, Second Labour Court, Dacca & another…….Respondents (In Wri......rs, Bank Line Navigation Company.............Petitioner
Vs.
Chairman, Second Labour Court, Dacca & another…….Respondents (In Writ Petition Nos.6-8 of 1980).
Md. Abdullah.............................Petitioner
Vs.
Chairman, Second Labour Court..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ......petitioner as to whether the qualifications of the petitioner were in the category of diploma or degree in Mechanical Engineering. 2. Facts, in short, are that the Establishment Division of Bangladesh Agricultural Development Corporation advertised on 9.8.71 for appointment to the post of ......howdhury J Sultan Hossain Khan J A.H.M. Aminur Rahman………………………………………Petitioner Vs. Chairman, BADC & others……………………......ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
....din Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Hom......
......
Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, represented by the Secretary, Minist...... 826); Sabir Ahmed Chowdhury Vs. The Province of East Pakistan (PLD 1960 Dac 1025); M. A. Khaleq Vs. Pakistan (PLD 1957 Dac 437 (447)
Lawyers Involved:
Mainul Has sain, K Z. Alam, Md. Joynul Abedin, Advocates—For the Petitioners.
M. Sohrab Ali, Deputy Attorney General&..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......ther alleged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the company were mortgaged to respondent No. 2, Bangladesh Shilpa Rin sangstha, successor of the Pakistan Industrial Credit and Investment Corporati...... CJ Chowdhury A.T.M. Masud J Abdur Rahman Chowdhury J Bengal Water Ways Ltd & Another……………………….Appellants Vs. Rahimuddin Ahmed & Others……………………&h......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....plaintiff corporation decided that they would not require the balance quantity of 437½ L/tons of paddy seeds and so there could not be any question of non-performance of the contract, that the Government of India declared a state of Emergency on 20.10.62 and the defendant No. 2 could not supp...... (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents ......n (Civil Appellate Jurisdiction) Present: Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents ......HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
.... facts and circumstances of the case.
13. We accordingly direct the Bureau of Ami-Corruption to take appropriate and necessary steps in consultations with the Deputy Attorney General (Criminal), Government of Bangladesh to prosecute the delinquent under the law and lodge complaint before the Sp......trawlers, subsequently on the prayer of the plaintiff the court by another order dated 27.9.80 directed the Collector of Customs, Chittagong to escort the attached trawlers to the Fish Harbour of the Bangladesh Fisheries Development Corporation at Chittagong and further directed the General Manager ......ivision
(Civil Original Jurisdiction)
Present:
Abdur Rahman Chowdhury J
Abdul Matin Khan Chowdhury J
Southern Fisheries Ranong Corporation and others..........Appellants
Vs.
Kingfisheries Industries Ltd. and others..............Respondent
Judgment
......er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....on (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J Abdul Matin Khan Chowdhury J Sasanka Sekhar Bose @ Mona Bose....................Appellant Vs. Government of Bangladesh.........................Respondent Judgment May 5, 1981. Re......nal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J Abdul Matin Khan Chowdhury J Sasanka Sekhar Bose @ Mona Bose....................Appellant Vs. Government of Bangladesh.........................Respondent Judgment May 5, 1981. Result: App......rt Division (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J Abdul Matin Khan Chowdhury J Sasanka Sekhar Bose @ Mona Bose....................Appellant Vs. Government of Bangladesh.........................Respondent Judgment May 5, 1981......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....hellip;……………………………….. Respondent Judgment April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art......;…………………………….. Respondent Judgment April 30, 1981 Result: Appeal is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be......ent: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Registrar, University of Dacca…………………Appellants Vs. Dr. Sajjad Hossain And University of Dacca………….Respondent ......Sr. Advocate, with Fazlul Huq & Aminul Huq, Advocates, instructed by A. Backkar, Advocate-on-Record— For the Appellants Manzurul Ahsan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent 1 (In C.A. 19 of 1980) Kazi Shahadat..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
.... the Dacca Municipal Corporation to comply with the provisions of the Model Tax Schedule, under section 35 of the Municipal Administration Ordinance, 1960. It is admitted by both the parties that the Government had directed by notification that the levy of Municipal Tax and Urban Immoveabl......position. In 1962 a constitution was promulgated and the novel feature of the Constitution was that the central list was given and all other matters were left with the Province. Next the emergence of Bangladesh and the Constitution of the People's Republic of Bangladesh was promulgated and it co......erred by the Khulna Municipality which, however, was not proceeded with and was disunited. The High Court Division relied on the decision of this Court in the case of American Life Insurance Co. Vs. Dacca Pourashava, reported in (1979) 31 D.L.R. (A.D ) 276. The majority view is that the ra......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
....the Sub-Inspector of police and the police constables were committed while acting or purporting to act in the discharge of their official duty and they acted in their capacity as servants of the Government and as Public Officers and as such sanction under section 197 of the Cr.P.C. is necessary......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ...... (Criminal Revisional Jurisdiction) Present: Chowdhury A.T. M. Masud J Md. Altaf Hossain J Rokeya Begum…………………Petitioner Vs. Shafiqur Rahman & state……………opposite parties ...... This Case is also Reported in: 1 BLD (HCD) (1981) 82 ..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....lip;……… Respondent Judgment February 10, 1981 Result: Appeal is dismissed Trade Organization Ordinance (XLV of 196(1); Section 8(1)(b) Whether Government can prohibit a registered trade organisation from carrying on business of weighment, meas......nbsp; ......ssain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Bangladesh Steamer Agents Association………………….Appellants Vs. Bangladesh…………………………&hell......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....ity could not exercise the inherent Power at will. It appears that the learned Judges of the High Court Division have not seen the case from the proper perspective, namely, that the stand of the Government is that the respondent was never selected by the Selection Board, but somehow by mis......r of the High Court Division dated 8th August, 1979 in Writ Petition No. 256 of 1978. 2. The respondent filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh alleging inter alia that he was appointed as a Custom Inspector on 17.8.77 and he duly jo......sain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Chairman, National Board of Revenue & Others……………… Appellants Vs. Md. Jahurul Hoque…………………….. Respond...... Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Chairman, National Board of Revenue & Others……………… Appellants Vs. Md. Jahurul Hoque…………………….. Respondent ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....973, otherwise penalty would be imposed. The Taxation Officer, Narayanganj by another letter dated 8th August, 1973 asked respondent to show cause why penalty should not be imposed for non-payment of Government dues. 5. Having failed to get any relief, from the appellants, respondent filed Writ......ive in its operation and retrospective effect cannot be given unless such effect is given to it in the statute itself, either expressly or by necessary implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is witho...... Fazle Munim J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Assessing Officer, Narayanganj Range, & Others……………….Appellants Vs. Burmah Eastern Limited………………………&......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....any, a banking company or a bank, a broker's office or stock exchange, a club, a hotel or a restaurant or an eating house, a cinema or theatre, or such other establishment or class thereof as the Government may, by notification in the official gazette, declare to be a commercial establishment fo......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ...... Ruhul Islam J Badrul Haider Chowdhury J Chairman, D.I.T. & Another……………………………….Appellants Vs. Chairman, 2nd Laour Courts & Another……………….Respon......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
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