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Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
..... Judgment Shahabuddin Ahmed J.- This Rule under Article 98 of the Constitution of 1962 was issued calling in question an order of the respondent, Director of Technical Education, Government of the then East Pakistan, now Government of Bangladesh, terminating the petitioner's......er Article 98 of the Constitution of 1962 was issued calling in question an order of the respondent, Director of Technical Education, Government of the then East Pakistan, now Government of Bangladesh, terminating the petitioner's service. The Petitioner was appointed as a Teacher......riginal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Angana Ranjan Chakma…………………….Pettioner Vs. Director of Technical Education...........Respondent Judgment February 6, 19......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....y three months notice, one has been suppressed by a junior officer and remaining two have made a grievance that two years ante-dated seniority has been given to some junior officers in pursuance of a Government Memorandum dated 18.3.78 on the ground that the said seniority has been given in recognit......;……………………..Petitioner (In Petition No. 820 of 1978). Abdul Quddus...................Petitioner (In Petition No.758 of 1978). Vs. Bangladesh Biman...............Respondent (In all the cases) Judgment January 19, 1979. ......sent: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Chowdhury Md. Yusuf……………………Petitioner (In Petition No. 479 of 1978) Vs. M. A. Rouf…………………………&hell......: 31 DLR (HCD) (1979) 199. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
....both parties. Mr. M.B. Rahman, the learned Advocate for the petitioner has, alleged that the order of requisition is out and out mala fide and that it is "unjustified" as pointed out by the Government themselves in their order dated 7.1.78 (Annexure 'D').
2. It appears that th......ere directed to be evicted by the Deputy Commissioner in consequence of the requisition. The petitioner challenged this order of requisition by a revisional application filed before the Government of Bangladesh under section 4 of the Emergency Requisition of Property Act: The Government in...... Court Division
(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
Abdul MatinKhun Chowdbury J
M/S. Elora Industrial Corporation Ltd.................Petitioner
Vs.
ADC, and Land Acquisition Officer, Dacca and others……...Respondents
Jud......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
Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)
....Result: The Rule is made absolute. Protection of Article 135 of the Constitution Article 135 of the Constitution of Bangladesh protects both permanent and temporary Government servants. A show cause notice and a reasonable opportunity shall be provided to a se......ecial Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Dhirendra Nath Sarnaker...……………..Petitioner Vs. Bangladesh and orders………………………&hellip...... (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Dhirendra Nath Sarnaker...……………..Petitioner Vs. Bangladesh and orders……………………&helli...... authority and is 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) 151 ..Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....r started an investigation in pursuance of which the petitioner was placed trader suspension on 23-9-70 In 1971, the petitioner joined the liberation movement and after independence he applied to the Government of Bangladesh for withdrawal of the said order of suspension . The Government of Banglade...... Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J A.H.M Abdul Hai………………………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Resu......sdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J A.H.M Abdul Hai………………………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. ......r he was allowed to resume his duties,; as such that right cannot be taken away by the authority. In support of his contention he has referred to a case reported in 21 DLR (SC) page 238 (Pakistan Vs. Md. Nimayamatullah Farukh) in that case the lordships of the Supreme Court of Pakistan held: &l..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ......ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ...... (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Abdul Matin………………Appellant Vs. Election Tribunal and Munsiff 2nd Court Comilla & another………&helli......8 DLR (SC) 1; Akbar Ali Vs. Razi-ur Raman Khawaza, (1966) 18 DLR (SC) 426; Mian Jamal Shah's case (1966) 18 DLR (SC) 1; (1966) PLD SC 1. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joynul Abedin, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Appellant. K..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
..... He contended that the Emergency Powers Rules, 1975 as it originally stood did not "provide for communication of grounds of detention to the detenu to enable him to submit representation to the Government or for production of the detenu before the Advisory Board. The Emergency Powers Rules was......(Criminal Revisional Jurisdiction) Present: M. A. Khaliq J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….......rt Division (Criminal Revisional Jurisdiction) Present: M. A. Khaliq J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others…......e Vs. Indian Union AIR 1950 Orissa 146; Mt Haydari Begum Vs. Jawad Ali AIR 1934 All. 22; Hari Ram Vs. Emperor AIR 1939 FC 43; Gulzar Hassan Vs. Ghulam Murtaza PLD 1970 (SC) 335; Emperor Vs. Atta Md. AIR 1945 Lah. 130. Lawyers Involved: Strajul Huq, Aminal Huq, Zabir Ahmed—For th..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Govt of Bangladesh Vs. The Chairman 2nd Labour Court, Dakha, 1978, 7 CLC (HCD)
.... 3. Mr. Anwarul Haque Chowdhury has contended that the respondent No. 2 is not a worker under the Employment of Labour (Standing Orders) Act, 1965 since this Act is not applicable to employees of a Government-managed industry who are subject to Government Servants' Conduct Rules. Respondent No......orted in: 31 DLR (HCD) (1979) 62 ...... High Court Division (Special Original Jurisdiction) Present: Shahaburfdin Ahmed J Abdul Matin Khan Chowdhury J Govt of Bangladesh..........................Petitioner Vs. The Chairman 2nd Labour Court, Dakha …………..Respondent Judg...... override the earlier Statute. We find no illegally in the impugned order under the Ordinance. The application is summarily rejected. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 62 ..Category: Labour and Industrial Law | Date: 31 Jul, 1978 | Hits: 4
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ......2 of the Companies Act, 1913. Petitioner is the appellant and respondent No. 1 is the Company styled "Bengal Water Ways Ltd." formerly "Pak Water Ways Ltd”; respondent No. 2 Bangladesh Shilpa Rin Sangstha is the major creditor of the Company. 2. Case of the Petitioner ......ent: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment J...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....sp; Abdul Matin Chowdhury J Hazi Md. lliyas……………………………………….Petitioner Vs. Government of the People's Khan Republic of Bangladesh………..Respondents ......lliyas……………………………………….Petitioner Vs. Government of the People's Khan Republic of Bangladesh………..Respondents Judgment July 26, 1978. Result: ...... Abdul Matin Chowdhury J Hazi Md. lliyas……………………………………….Petitioner Vs. Government of the People's Khan Republic of Bangladesh………..Respond......urt High Court Division (Special Original Jurisdiction) Present: Shahabaddin Ahmed J Abdul Matin Chowdhury J Hazi Md. lliyas……………………………&h..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
....
The rule made absolute.
A Martial Law Court will take cognizance only on a police report.
A case from an ordinary criminal court could be transferred to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No.1 of 1975….(3)
Lawyers Involved:
Abdur......A.G-For the Respondents.
Writ Petion No. 81 of 1978.
Judgment
Shahabuddin Ahmed J.- This Rule was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling in question an order dated 29-12-77 passed by respondent No. 1, President, Summar......ion
(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
Abdul Matin Khan Chowdhury J
Atiqur Rabman on behalf of detenu Md. Abdul Wahab…........Petitioner
Vs.
Anwar Hossain Chowdhury & others………...........................Resp......979) 82
..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....;….....Respondent
Judgment
July 20, 1978.
Result:
The Rule made absolute.
A case from an ordinary criminal court could be transfered to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No. 1 of 1975 and that the Summary Military Court also ill.......G-For the Respondents.
Writ Petition No. 81 of 1978.
Judgment
Shahabuddin Ahmed J. - This Rule was issued under Article 102 of the Constitution of e People's Republic of Bangladesh calling in question an order dated 29-12-77 passed by respondent No. 1, President, Summar......ion
(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
Abdul Matin Khan Chowdhury J
Atiqur Rabman on behalf of detenu Md. Abdul Wahab…........Petitioner
Vs.
Anwar Hossain Chowdhury & ors……….....Respondent
Judgment
......979) 82
..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
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...... ((Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 1978. Result: ......ourt Division ((Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 197......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......ention Mr. Chowdhury has referred to Annexure 'B' of the petition which is a Memorandum dated 30-12-74 issued from the office of the Deputy Custodian, Enemy Property (L&.B), Government of Bangladesh, Dacca. In this Memorandum the Deputy Custodian and Deputy Secretary clarified the positi......t Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Keramat Ali Talukdar.....................................Petitioner Vs. Election Tribunal and Munsif, 6th Court, Barisal and another……Respondent......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 ..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 ...... High Court Division (Civil Appeiiate Jurisdiction) Present: M. H. Rahman J Sukhendu Bikssh De & another ……………….......Appellants Vs. Nurul Islam & others.........................................Respondents Judgment ...... 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). ...... This Case is also Reported in: 31 DLR (AD) (1979) 33. ......3. ......eme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Bangladesh and others.................Appellants Vs. Md. Abu Taher..................Respondents Judgment July 12, 1978. Cases Referred ..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......he applications are employees in the R.R. Textile Mills Ltd. of which the petitioner is the General Manager. This Mills is a nationalized industrial enterprise under the administrative control of the Bangladesh Textile Mills Corporation established under the President's Order No. 27 of 1972. The......gh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J R.R. Textile Mills Ltd. & others.............Petitioners Vs. Din Mohammad & others.....................Respondents Judgment July 5, 1978.......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
....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
......Supreme Court
High Court Division
(Civil Appellate Jurisdiction)
Present:
M.H. Rahman J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahm......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......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. ......gh Court Division (Criminal Appellate Jurisdiction) Present: Abdur Rahman Chowdhury J A. T. M. Afzal J Monoruddin @ Mona & another.........................Appellants Vs. The State....................................................Respondents Judgment ......currence, hold inquest and send the dead body to the Dacca Medical College Hospital for post mortem examination. About three weeks after the occurrence, another information was lodged to the thana by Md. Sanwar Hossain P.W.1 in which it was, inter alia, stated that accused Monoruddin had killed the ..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......2. The petitioner Mr. A. K. Mojibur Rahman is a voter having his name registered as an "elector" in the Electoral Roll for Presidential Election. Election to the office of President of Bangladesh as notified by the Chief Election Commissioner is going to be held on 3.6.78. It has been......ision (Special Original Jurisdiction) Present: Shahabuddln Ahmed J Abdul Matin Khan Chowdhury J A. K.Mujibur Rahman, alias Mujibar Rahman................Petitioner Vs. Returning Officer & others...................................Respondent Judgment ......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
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