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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......nal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Dhirendra Nath Sarnaker...……………..Petitioner Vs. Bangladesh and orders…………………………..Responde...... (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Dhirendra Nath Sarnaker...……………..Petitioner Vs. Bangladesh and orders……………………&helli..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......nt: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J A.H.M Abdul Hai………………………….Petitioner Vs. Bangladesh and others...................Respondents Judgment November 23, 1978. Result: Th......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. ..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. ...... 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……………Respondents ...... (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..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……….......q J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: ......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…..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 ...... Chairman, 2nd Labour Court. Dacca dated 14-3-78 allowing an application under section 34 of the Industrial Relations Ordinance, 1969, briefly the Ordinance. 2. Perused the application and beard Mr. Anwarul Hoque Chowdhury, the learned Deputy Attorney General. Respondent No. 2, a cler...... 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..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 ...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ......ent: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment J..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: ......1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla...... Abdul Matin Chowdhury J Hazi Md. lliyas……………………………………….Petitioner Vs. Government of the People's Khan Republic of Bangladesh………..Respond..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......rt, Rangpur in M L.T.R. Case No. 132 of 1977 taking cognizance of an offence under section 406 of the Penal Code against this petitioner.
2. Heard the learned Advocates of both parties and perused the records, it appears that on a charge-sheet submitted by the police a Magistrat......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..
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......8.
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 illegally assumed Jurisdiction.
Lawyers Involved:
......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
..
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: ......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: The rule......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..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......iginal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Keramat Ali Talukdar.....................................Petitioner Vs. Election Tribunal and Munsif, 6th Court, Barisal and another……Respondents Judgment July 1......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..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 ...... dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent f...... High Court Division (Civil Appeiiate Jurisdiction) Present: M. H. Rahman J Sukhendu Bikssh De & another ……………….......Appellants Vs. Nurul Islam & others.........................................Respondents Judgment ..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. ......e is also Reported in: 31 DLR (AD) (1979) 33. ......3. ..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......nts Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Petitioner. Zamiruddin Sarker and Mozammel Hoque—For the Respondents. Writ Petition Nos. 252 and 194 of 1976 Judgm......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...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
......man J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents
Judgment
J......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..
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. ...... just delivered by my learned brother Afzal, J in the case, I would like to add a few words of my own on some aspect of the chemical examination. 2. Facts of the case have been very ably set out and discussed by my learned brother and it is not necessary to go into those, section 510 ......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 ..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......he Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the nomination papers submitted by re......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 ..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 ......he Respondents (In both the petitions.) Writ Petition Nos. 444 and 447 of 1978. Judgment Shahabuddin Ahmed J.- These two applications under Article 102 of the Constitution of Bangladesh call in question a Notification dated the 21st April, 1978 of the Chief Election Commissi......Election Commissioner & others.......Respondents (In Petition No. 444 of 1978) Moniruzzaman Lasker.............................Petitioner Vs. Election Commission of Bangladesh and another.....Respondents (In Petition No.447 of 1978) Judgment May 31, 1978. Resul......h Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Sultan Ahmed........................................Petitioner Vs. Chief Election Commissioner & others.......Respondents (In Petition No. 444 of 1978) ..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...... 1976. While the case was pending before the Special Tribunal it was transferred to the Special Martial Law Court No. If, Dacca, vide Notification No. 991-JIV/2T-17/76 dated 23-12-76 published in the Bangladesh Gazette, Extraordinary. 5. Thereafter the Special Marital Law Court was constituted ......(SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 ......t High Court Division (Special Original Jurisdiction) Present: Badrul Haider Chowdhury J Abdul Malek J Haji Joynal Abedin...............................Petitioner Vs. State, People's Republic, Bangladesh others……..Respondents Judg..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......he schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been recorded in SA. Khatian No.1 in the name of the Deputy Commissioner. In this application Bangladesh has been impleaded as opposite party No.1 and Sailuddin Sardar, Golam Rabbani and Ramjan ...... This Case is also Reported in: 31 DLR (HCD) (1979) 421 ...... Revisional Jurisdiction) Present: Ranadhir Sen J Abu Daud and others………………………………..Petitioners Vs. Ruhul Amin Sardar and others (In C.R. 445/75) Sailuddin Sardar & others…&he..Category: Property Law | Date: 2 May, 1978 | Hits: 1
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