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....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
......
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....... Respondents
Judgment
March 21, 1979.
Result:
......
(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..
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......Advocate-on-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgmen......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..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 ......The rules are discharged. Lawyers Involved: Joynul Abedin-For the Petitioner (In Petition Nos. 247 to 281 of 1970) M. Hafizullah- For the Petitioner (In petition Nos.453 to 462 of 1970 and Petition Nos.14 and 26 of 1971) Anwarul Haque Chowdhury, D.A.G. with M.M. Huq, A.A.G.-...... Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Hegge & Company Ltd……………………………....Petitioner Vs. Assistant Collectorof Customs & others………….....Respondents ..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......………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 cases) ......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 ..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......ns 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. Khandker Sr. Advocate, instructed by B.C. Panday. Advocate-on-Record-For the Respondent 5 C.P. 74......n (Civil) Present: Kemaluddin Hossain CJ Badrul Holder Chowdhury J Talekhal Progressive Fisherman Co-Operative Society Ltd…………Appellant Vs. Bangladesh & Others…………………Respondent ..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
....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......y the Government although no such case was made out. Hence applying the principle of promissory estoppel the least that can be said is that the appellants cannot be allowed to act inconsistently and the decision to release the Mill remains binding on them……………......Division
(Civil)
Present:
Kemaluddin Hossain CJ
Badrul Haider Chowdhury J
Secretary, Ministry of Industries, Nationalised Industries Division……..Appellant
Vs.
Saleh Ahmed & Another……………….Respondents
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
....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.
......an Chowdhury J
A.T.M Afzal J
Chairman, Bangladesh Rly. Board, Chittagong…………………Petitioner
Vs.
Chairman, Second labour Court, Dacca and another…………....Respondents
Judgment
February 22, 1979.
......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..
Category: Labour and Industrial Law | Date: 22 Feb, 1979 | Hits: 1
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......e employment he appeared in B.E.D. Technology Examination of 1968 held on 11.11.69 by the University of Dacca, but in the Examination Hall he was found adopting unfair means whereupon he was expelled and a notice was served upon him by the Controller of Examinations, Dacca University to show cause w......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..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. ...... No. 479 of 1978) Vs. M. A. Rouf…………………………………Petitioner (In Petition No. 538 of 1978) A.M.M. Rishid Ahmed and Ors…………Petitioner (In Petition No.540 of 1978) Md. Ruhul Amin&helli......sent: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Chowdhury Md. Yusuf……………………Petitioner (In Petition No. 479 of 1978) Vs. M. A. Rouf…………………………&hell..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......ision
(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
Judgment
...... 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..
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......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
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