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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......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) ......39;s case is wholly unsustainable and cannot be treated as good law either on the principle of stare decisis or otherwise.” On this basis the Supreme Court (Pak) held that position of Agha Md. Yahya Khan was that an usurper of powers and that there was no legal validity of his Proclamatio..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 ......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......r any order made under the Proclamation or action taken or anything done under the Proclamation are liable to be challenged, Mr. Huq has argued that unlike Martial Law of 1958 which was proclaimed by Md. Ayub Khan and the Martial Law of 1969 of General Yahya Khan the Constitution was not abrogated b..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 ...... 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......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. ......tificate Officer, Dacca and another, (1977) 29 DLR SC) 232, the erstwhile Supreme Court has laid down as follows:- “But in the late Constitution of Pakistan and also in the Constitution of Bangladesh the rule as to alternative remedy has been made a part of the positive law of the country......rt High Court Division (Special Original Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Ju......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. ..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. ......0. ......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
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......lip;……Appellant (Civil Appeal No.62 of 1978) Md. Ershad Ali Khan……………………Appellant (Civil Appeal No.78 of 1978) Vs. Bangladesh Bank & others……………………Responde......llip;………Appellant (Civil Appeal No.62 of 1978) Md. Ershad Ali Khan……………………Appellant (Civil Appeal No.78 of 1978) Vs. Bangladesh Bank & others…………………&hellip...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Abdul Hannan Sikder……………………Appellant (Civil Appeal No.62 of 1978) Md. Ershad Ali Khan……………………Appellant (Civil ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
..... 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...... Court
High Court Division
(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, ......
......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
..
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......n Ahmed J M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment February 24, 19......t: Shahabuddin Ahmed J M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment ......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
....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......t assessee under section 29 of the Sales Tax Act and the demand was rightly made by the Sales Tax Officer. The Assessee preferred a second appeal before the Income Tax Appellate Tribunal of Bangladesh, Dacca being S. T. A. No. 305 of 1968-69 (Assessment year 1962-63) and urged that the ass...... Division
(Special Original Jurisdiction)
Present:
K.M. Subhan J
Abdul Momith Choudhury J
Commissioner of Sales Tax, Chittagong Zone, Chittagong................Applicant
Vs.
Amin Jute Mills Limited, Sadarghat Road, Chittagong.......................Respondent
......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 ...... ......and Munsif, 2nd Court, Comilla and another.......Respondents Judgment February 17, 1978. Result: The rule is made absolute. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Md. Shafiqur Rahman—For the Petitioner. Mainul Hosein, Zainul Abedin—For Respodent ..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. ......preme Court High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Project in charge, Paruma (Eastern) Ltd...... Petitioner Vs. Mr. Aminur Rahman Khan and another………………..Respond......made absolute. Cases Referred to- 26 DLR (SC) 33; 27 DLR 158. Lawyers Involved: Dr. M. Zahir, M. Hasan—For Petitioners (In all the petitions) Khondker Mahbubul Hossain, Md. Shahe Alam—For Respondents (In all the petitions) Writ Petition Nos. 669-672 of 1977 ..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 ......d approved by the general body of the shareholders on 30-6-72. 3. M/S. Alauddin and Taiwa Textile Mills Ltd. (hereinafter referred to as the Company) is a private limited Company incorporated in Bangladesh in collaboration with M/S. Taiwa Company Ltd. of Japan. The Company is more or less a fam......ourt High Court Division (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. ......nganj Municipality, 10 DLR 431; Fischer Vs. Secretary of State, ILR 39 Cal. 704; Sheoparsan Singh Vs. Ramnandan Singh, 43 IA 91. Lawyers Involved: Syed Ishtiaq Ahmed, Rafiqul Huq, Md. Fazlul Huq-For the Appellant. M. Zahir, A.R. Yousuf & T. Rahman— F..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......ruary 16, 1978. Result: The application is rejected. Cases Referred To- Commissioner of Income Tax Chittagong Zone, Chittagong Vs. The Consolidated Tea and Lands Co. Ltd., in 1977 Bangladesh Tax Decisions page 212; Commissioner of Income Tax, Chittagong Zone, Chittagong Vs. M/s. ......Jurisdiction) Present: K.M. Sobhan J Abdul Momith Choudhury J Commissioner of Income Tax, Chittagong……………………Applicant Vs. Consolidated Tea & Lands Co. Ltd..........................Respondents Judgment ......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ...... High Court Division (Special Original Jurisdiction) Present: Shahabuddin J M.H. Rahman J Farid Ahmed..................................Petitioner Vs. The Govt of Bangladesh & others.........Respondents Judgment February 10, 1978. Result: ....... ...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
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......nal Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: ......ial Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. ......rted in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......ight guaranteed or secured. This contention is also found to have been raised before the learned Labour Court but was not accepted. Mr. Shaheed Alam has referred to a decision of the Supreme Court of Bangladesh dated 31-7-77 in Civil Appeal No.55 of 1977 in support of his contention. It has been hel......
Present:
Shahabuddin Ahmed J
M.H. Rahman J
Assistant Electrical Engineer, Pahartali Power House Messrs. M.M. Ispahani Ltd. Pahartali, Chittagong................Petitioner
Vs.
Chairman, Labour Court, Chittagong & another.................Respondents
Judgment ......d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....s provided in this Act, no appeal shall lie against any order, decision or award passed In accordance with this Act, and every such order, decision or award shall be final, 135(1) The Provincial Government may gall for and examine the record of any enquiry or Inspection held or made under this ......gh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Progati Khudra Babashayee Samabaya Samity Ltd...........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. Resu...... High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Progati Khudra Babashayee Samabaya Samity Ltd...........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. ......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....f 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establi...... Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Fazlul Huq Chowdhury.............................Petitioner Vs. Govt. of Bangladesh...............................Respondents Judgment February 1, 1978. Resu......me Court High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Fazlul Huq Chowdhury.............................Petitioner Vs. Govt. of Bangladesh...............................Respondents Judgment February ......Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.C. Ind.) 217; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md. Ismail Hussain, (1975) 27 DLR 354. Lawyers Involved: Serajul Hoque, Zakir Ahmed, Suran..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....f 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establi...... High Court Division (Special Original Jurisdiction) Present: S. Ahmed J M.H. Rahman J Fazlul Huq Chowdhury................................Petitioner Vs. Govt. of Bangladesh..................................Respondents Judgment February 1, 1978. Re...... Supreme Court High Court Division (Special Original Jurisdiction) Present: S. Ahmed J M.H. Rahman J Fazlul Huq Chowdhury................................Petitioner Vs. Govt. of Bangladesh..................................Respondents Judgment Februar...... Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md. Ismail Hussain, (1975) 27 DLR 354. Lawyers Involved: Serajul Hoque, Zakir Ahmed, Suran..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....ogether and are going to be disposed of by this judgment. 2. The common petitioner in these petitions is the Manager, Azizuddin Industries Ltd., an industrial concern which was taken over by the Government under the Acting President's Order No.1 of 1971 and which subsequently vested in the ......ghts which they alleged were guaranteed and secured to them in terms of an Office Memorandum dated 18th May, 1974 (Annexure 'A') of the Ministry of Finance (Implementation Cell)-Government of Bangladesh, read with the recommendation of the National Pay Commission of 1973. Recommendation of t...... High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Manager, Azizuddin Industries Ltd.………..Petitioner Vs. Abdus Satter and another………………..Respondents Judg......egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
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