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Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)

....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ..

Category: Family Law | Date: 30 Nov, 1979 | Hits: 1

Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)

....9; to Writ Petition No.527/79 is Establishment Division Notification No. ED (SA-1)-2/79-208 dated the 20th April, 1979 promoting respondent Nos.3 and 4 as Joint Secretary from Deputy Secretary to the Government of Bangladesh. 4. Annexure 'C' to Writ Petition No.528/79 is Establishment D...... Original Jurisdiction) Present: Chowdhury A. T.M. Masud J Abdul Malek J Mohammad Faizulla…………………Petitioner Vs. Govt. of Bangladesh…………………Respondent Syed Mohammad Huss......sion (Special Original Jurisdiction) Present: Chowdhury A. T.M. Masud J Abdul Malek J Mohammad Faizulla…………………Petitioner Vs. Govt. of Bangladesh…………………Respondent ......mpletion of 14 years of service, and this fact would be con­firmed on a reference to the aforesaid Grada­tion list of the Ex-Civil Service of Pakistan corrected up to January, 1979 petitioner Md. Faizullah claimed that he completed 14 years service on 30-12-78 as relied on Annexure 'H..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

General Manager, Bogra Cotton Spinning Co. Ltd. Vs. Chairman, Rajshaht Labour Court & another, 1979, 8 CLC (AD)

....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. ......Present: Kemaluddin Hossain CJ KM Subhan J Badrul Hai­der Chowdhury J General Manager, Bogra Cotton Spinning Co. Ltd.................Appellant (In both the ap­peals) Vs. Chairman, Rajshaht Labour Court & another.....................Respon­dents (In both......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

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

....uslims. It has been so stated by section 129 of the Transfer of Property Act. He submits that although by virtue of the assent of the Governor-General under sub-section (2) of sec­tion 107 of the Government of India Act., Non-Agricultural Tenancy Act was a valid legis­lation but the provisio...... 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.           ......ourt Division (Civil Appellate Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hqssain Khan J Alhaj Aklima Khatun & another………. Appellants Vs. Shah Alam & another…………………Respondents ....... Fakir Janan Begum, 49 JA 195; Gani Mia & other Vs. Wazid Ali, 39 CWN 882 s McEvoy Vs. The Belfast Banking Company Ltd., 1935 AC 24. Lawyers Involved: Khandoker,Mahbubuddini Ahmed with Md. Shafiqur Rahman, Advocates- For the Appellants. Fakir Abdul Mannan with Bazlur Rahman, Advo..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

.... RafiqurRahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh………..Respondents Judgment August 17, 1979. ......ahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh………..Respondents Judgment August 17, 1979. Result: ......(Special Original Jurisdiction) Present: Shahabuddin Ahmed J RafiqurRahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh&helli......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 Mannan, son of late Abdul Hamld of Village Churian under PS Nawabgaoj, Dacca authorising t..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

.... Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102 of the Constitution an order dated 10th June, 1978 of the respondent, Government, of Bangladesh, represented by the Secretary. Ministry of Law and Parliamentary Affairs, ......rt High Court Division (Special Original Jurisdiction) Present: Shahabuddjn Ahmed J Rafiqur Rah­man J Kazi Abdul Wahab......................Petitioner Vs. Bangladesh, (through the Sec­retary, Ministry of Law and Parliamentary Affairs, Law Division)&he......preme Court High Court Division (Special Original Jurisdiction) Present: Shahabuddjn Ahmed J Rafiqur Rah­man J Kazi Abdul Wahab......................Petitioner Vs. Bangladesh, (through the Sec­retary, Ministry of Law and Parliamentary Affairs, Law Div......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

Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ......—For the Respondents 2-5. Writ Petition No. 673 of 1978. Judgment Shahabnddin Ahmed J.- This rule is directed against an order dated 27.7.78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corporation, briefly the Corporation communicating to the petiti...... Shahabuddin Ahmed J Rafiqur Rahman J Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....istrate for enquiry under Chapter XVIII of the Criminal Procedure Code. One of the accused namely, Hashan Mir, respondent No.6, sent a letter dated 24 9.77 to the Secretary, Ministry of Home Affairs, Government of Bangladesh bringing a counter allegation that the murder in question was actually comm......sdiction) Present: Shahabuddin Ahmed J Rafiqur Rah­man J Shaikh Keramat Ali..............................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents Judgment July 6, 1979. Result: The rule i......t High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rah­man J Shaikh Keramat Ali..............................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents J......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)

.... Present: Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment ...... Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment July 6, 1979......ivil) Present: Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judg......d cannot be sustained….. (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 Res..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC

....igh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Res......sion (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The ......rt High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979....... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29   ..

Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1

Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)

.... Property Tax Authority and the Dacca Municipal Committee as stated above, the petitioner was required to pay taxes exceeding the ceiling as fixed by the relevant Model Tax Schedules as framed by the Government under section 35 of the Municipal Administration Ordinance, 1960 (Ordinance No-......ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414.   ...... Abdur Rahman Chowdhury J A.T.M. Afzal J Sonali Bank (formerly National Bank of Pakistan)…………......Petitioner (In Petition Nos. 135 and 242 of 1970) Vs. Taxation Officers, Urban Immovable Property Tax, Dacca & Narayanganj Range & o...... Lawyers Involved: Asrarul Hossain with A. Azim, Advocates- For the Petitioner (In both the petitions) Mozammal Huq Bhuiyan-For the respondent No.1 (In both the petitions) Md. Nurul Huda with A. Baset Majumder - For the Respondent 2(In Petition No.135 of 19..

Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

....ion 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 following the Government Servants (Discipline and Appeal) Rules, 1976 in the cases of its officers and employees. ......inal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J M. A. Hai........................................Petitioner Vs. Trading Corpora­tion of Bangladesh…………...Respondent Judgment April 3, 1979. Resul......igh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J M. A. Hai........................................Petitioner Vs. Trading Corpora­tion of Bangladesh…………...Respondent Ju......79; University of Ceylon Vs. Fernando; Russell Vs. Duke of Norfolk (11); C.A. No. 52 of 1978, 31 DLR AD 33, (1977); 29 DLR AD 41;(1974) 26 DLR Lawyers Involved: Rafiqul Hoque, Fazlul Hoque, Md. Aminul Hoque—For the Petitioner H. K. Abdul Hye—For the Respondent. Writ P..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

....iled to submit a comprehensive reply to the said show cause notice. 9. The respondents confessed the Rule by filing an affidavit-in-opposition affirmed by a Section Officer, Ministry of Defence, Government of Bangladesh, controvert the statement made in the petition. It was stated in the said a......T. M Masud J Muhammad Habibur Rahman J Md. Bokiotullah.........................Petitioner Vs. Chairman, Council of Cadet Colleges and Secretary Mi­nistry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 others.............Respondents Judgment M...... High Court Division (Special Original Jurisdiction) Present: Chowdhury A.T. M Masud J Muhammad Habibur Rahman J Md. Bokiotullah.........................Petitioner Vs. Chairman, Council of Cadet Colleges and Secretary Mi­nistry of Defence, Govt. of Bangla......n: 31 DLR (HCD) (1979) 261   ..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1

M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another, 1979, 8 CLC (HCD)

....Writ Petition No. 487 of 1977. Judgment Abdur Rahman Chowdhury J. - This application under Article 102 of the Constitution of Bangladesh is directed against an order passed by the Government of Bangladesh retiring the petitioner compulsorily and rejecting his prayer for crossing ...... (HCD) (1979) 339 ...... (Special Original Jurisdiction) Present: 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....... Responde......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 ..

Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....ansfer the agency of the petrol pump installed therein. In the suit he claimed that the suit land consisting of commercial plot Nos. 1 and 2 of the Canton­ment of Chittagong then belonging to the Government of Pakistan and managed through the Ministry of Defence were leased out by auction for 30...... the matter are as follows: The appellant Abdus Sobhan filed Civil Appeal No.9 of 1978 aga­inst the judgment and decree dated August 18, 1977 passed by a Division Bench of the High Court of Bangladesh in First Appeal Nos. 16 and 17 of 1977 reversing those passed by the Subordinate Judge, 3......in Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Abdus Subhan Contemner…………………Appellant Vs. Ayaz Bahadur Khan & others…………………&hell...... Haider Chowdhury and thereafter appellant on enquiry could learn that relationship actually exists and the families are intri­cately connected. The respondent's faithful obedient Manager Mr. Md. Eliyas and also Tadbirkar of the case hailing from Sudharam, Noakhali is also related to Mr. Bad..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)

.... consequent imposition of penalty. The petitioners preferred appeals before the Collector of Customs (Respondent No. 2) and revisional application thereafter before the then Central Board of Revenue, Government of Pakistan which were all rejected after hearing. The petitioners thereafter moved the C...... 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     ...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Hegge & Company Ltd……………………………....Petitioner Vs. Assistant Collectorof Customs & others………….....Respondents ...... 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)

....e the Collector of Customs this position of jurisdiction was raised but the Collector of Customs while taking note of the fact that the vessels were found away from the 12-mile belt observed that the Government of Bangladesh by a notification under section 5 of the Territorial Waters and M......ip;…………Petitioner (In Writ Petition No. 674 of 1977) M/S. Thaiwaree Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Res­pondents (In all the c......lip;……………Petitioner (In Writ Petition No. 674 of 1977) M/S. Thaiwaree Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Res­pondents (In ......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

Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)

....ave to appeal is directed against the judgment and order passed by the High Court Division in Writ Petition No. 519 of 1978. 2. The petitioner in the Writ Petition had challenged an order of the Government of Bangladesh challenging Memo. No.IMA-281/77/639—J.M. dated 20.5.78 making settle&......Civil) Present: Kemaluddin Hossain CJ Badrul Holder Chowdhury J Talekhal Progressive Fisher­man Co-Operative Society Ltd…………Appellant Vs. Bangladesh & Others…………………Respondent Judgm......n (Civil) Present: Kemaluddin Hossain CJ Badrul Holder Chowdhury J Talekhal Progressive Fisher­man Co-Operative Society Ltd…………Appellant Vs. Bangladesh & Others…………………Respondent ......979 Result: The petition is dis­missed. Case Referred to- Queen Vs. Guardians of the Lewisham Union, (1897) 1 Q.B 498. Lawyers Involved: S.R. Pal, Sr. Advocate, with Md. Hannan, Advocate, instructed by M.R. Khan, Advocate-on-Record-For the Petitioner. M.H. Kha..

Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2

Secretary, Ministry of Industries, Nationalised Industries Division Vs. Bangladesh Textile Mills Corpo¬ration, 1979, 8 CLC (AD)

....hellip;……………………..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 decis......, Ministry of Industries, Nationalised Industries Division……..Appellant Vs. Saleh Ahmed & Another……………….Respondents And Bangladesh Textile Mills Corpo­ration……….. Appellant Vs. Saleh Ah......Division (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Secretary, Ministry of Industries, Nationalised Industries Division……..Appellant Vs. Saleh Ahmed & Another……………….Respondents ......ed. Lawyers Involved: K.A. Bakr, Attorney General, with A.W. Bhuiyan, Assistant Attorney General, Instructed by B. Hossain, Advocate-on Record-For the Appellant (In C.P. No. 70 of 1979 Md. Khalilur Rahman, Advocate, Instructed by M. R. Khan, Advocate-on-Record-For the Appellant (In C...

Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2

Chairman, Bangladesh Rly. Board, Chittagong Vs. Chairman, Second labour Court, Dacca and another, 1979, 8 CLC (HCD)

....he Rule. The only ground urged by Mr. Razzak Rahman, the learned Advocate appearing for the Bangladesh Railway Board was that the respondent worker having not taken the oath of allegiance to the Government of Bangladesh after the liberation of the country, cannot be deemed to be an employee und......(HCD) (1979) 338.     ......al Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M Afzal J Chairman, Bangladesh Rly. Board, Chittagong…………………Petitioner Vs. Chairman, Second labour Court, Dacca and another…………....Respond......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) 338.     ..

Category: Labour and Industrial Law | Date: 22 Feb, 1979 | Hits: 1