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Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)

....ting his services on the ground that his services are no longer required. This order of termination of service has been challenged, this time also, on the same ground of malafide and violation of the principles of natural justice. Respondent No. 1, the Corporation entered appearance by filing an aff......isposed of by this judgment. Petitioners in all these cases are officers and employees of the Bangladesh Biman Corporation, briefly the Corporation all of them, were in the employment of the Pakistan International Airlines Corporation, briefly, the PIAC, Prior to the independence of Bangladesh from ......mination are dismissed. Cases Referred to- Bangladesh Small Industries Corporation, Vs. Mahbub Hossain Chowdhury reported in 29 D.L.R. (A.D.) 41; 13 DLR (S.C.) 100; 16 D.L.R. (SC.) 58. Lawyers Involved: Asrarul Hossain and Abdul Azim-For the Petitioner (In Petition..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)

.... 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     ...... 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     ....... (2) The petitioner obviously held a civil post in the service of the Republic and as such he is well within the protection of Article 135 of the Constitution…….(3) Lawyers Involved: A. B. M. Khairul Haque—For the Peti­tioner. Syed J.R. Mudassir..

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)

....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88       ......forming his duties as District Family Planning Officer, it was further stated in the petition that in recognition of his meritorious service the petitioner was sent to Tokyo in June 1976 to attend an International Seminar of Family Planning. On his return from Tokyo he joined at Jessore, In the mean...... Judgment November 23, 1978. Result: The rule is made absolute. Cases Referred to- 21 DLR (SC) page 238 (Pakistan Vs. Md Nimayamatullah Farukh; 27 D.L.R. (Dacca) 315 Lawyers Involved: Rafiqul Huque Mahmudul Islam—For the Petitioner. Mudassir Hoisain,..

Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8

Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....n by Mr. Moazzem Hossain in our opinion would depend upon whether it is prohibited by any provision of the Code of Criminal Procedure or is repugnant to any Rule or practice or is contrary to general principle of public policy. No decision of this Court or of the Appellate Division of the Supreme Co......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......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 the Petitioner. Moazzem H..

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)

.... 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 ...... 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 .................Petitioner Vs. The Chairman 2nd Labour Court, Dakha …………..Respondent Judgment July 31, 1978. Result: Application is dismissed Lawyers Involved: Quazi Anwarul Hoque Chowdhury D.A G.— For the Petitioner.  &n..

Category: Labour and Industrial Law | Date: 31 Jul, 1978 | Hits: 4

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

....nied the allegations that the appellant was ousted from the management of the Company's affairs or that the Company became commercially insolvent but claimed that it was running on sound business principles and that its assets would exceed its liabilities. He blamed the appellant for his non-co-...... 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 ......37)2. All ER. 466; (1966) (1) All, ER, 145. Ch. Div.; Focus Advertising Private Ltd. Vs. Ahoora Blocks Private Ltd. Company Cases, 1975, 534; 1965(2) All. ER 761(1961) 439; AIR (1971) SC 26,000. Lawyers Involved: M.H. Khandker, Abu Bakkar- For Peti­tioner. Asrarul Hossain-For..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......assed by the learned Magistrate. A counter affidavit was riled on behalf of the complainant opposite party. 6. The petitioner No.2 Harun-ur-Rashid Chowdhury is the Manager of the Firm "Sans International" at Ramjoy Mahajan Lane, Chittagong, and petitioner No. 1 Md. Shahajahan Khan is ......er…............Opposite-Parties Judgment July 25, 1978. Result: The Rule is made absolute. Case Referred To- AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988 Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan with Rabia Bhuiyan—For the Petitioners. ..

Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1

Atiqur Rabman on behalf of detenu Md. Abdul Wahab Vs. Anwar Hossain Chowdhury & others, 1978, 7 CLC (HCD)

....ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ...... Vs. Anwar Hossain Chowdhury & others………...........................Respondent Judgment July 20, 1978. Result: The rule made absolute. A Martial Law Court will take cognizance only on a police report. A case from an ordinary criminal court ..

Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2

Atiqur Rabman on behalf of detenu Md. Abdul Wahab Vs. Anwar Hossain Chowdhury & ors, 1978, 7 CLC (HCD)

....ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......mp; ors……….....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 M..

Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3

Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....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   ......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   .............Respondents Judgment July 19, 1978. Result: The rule is made absolute in part. Cases Referred To- 30 D.L.R. (SC) 96S; M. Saleh (1975) 27 DLR 328; 27 DLR 353. Lawyers Involved: Syed Istiaque Ahmed, Mahmudul Islam- For the Petitioner. Anwarul Hu..

Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1

Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)

....pposite party submits that the facts of the case differ from the present one. Though the facts of the present case differ from the facts of the case referred to above yet there is no dispute over the principle that without any Ending that there is no apprehension of breach of peace concerning the la......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ...... Syed Ahmed Jamil Vs. Kabir Ahmed (1970) 22 DLR 231; Malik Manjur Elahi Vs. Lala Bishambar Das (1964) 16 DLR (SC) 246; Moslem Fakir and others Vs. Ainuddin Talukdar and others (1965) 17 DLR 705. Lawyers Involved: Syed Azizul Huq, Syed Moinul Huq-For the Petitioner Fakhrul Islam&n..

Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1

Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)

....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 ......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 ......ublic 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: Khondker Mahbubuddin Ahmed, Shafiqur Rahman-For the Petitioner Sham..

Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5

Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC

.... 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   ...... 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   ......s. Babu Lal Sahu, AIR Patna 382; Jamila Khatun Chpudhury Vs. Mahamud Khatun Choudhury, AIR 1918 Cal. 192; Isar Nonia Vs. Karinam Panday, AIR 1958 Patna 353;Jay Prasad Choubay Vs. Mt Jasoda, 649. Lawyers Involved: M A. Mutalib- For the Appellant. Kazi Ebadul Huq, for B.N. Choudhury-Fo..

Category: Property Law | Date: 14 Jul, 1978 | Hits: 11

Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

....e officer concerned of being heard. The language of Article 7 clearly contemplates giving the delinquent officer all chances to de­fend himself and ensure fair trial and it is in compliance with the principles of natural justice. 9. While it is open to a domestic Tri­bunal enquiring into the......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ...... 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). Lawyers Involved: K.A. Bakr, Attorney-General with B.B. Roy Chowdhury, instructed by D. Hossai..

Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96

R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)

....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.     ......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.     ......& others.............Petitioners Vs. Din Mohammad & others.....................Respondents Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Pe­titioner. Zamiruddin Sa..

Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3

Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)

....er relating to commissioner's fee etc. An order of this type has been described by their Lordships of the Privy Council as "unfortunate" order. This appears to be in consonance with the principle that decree passed by the Court in preliminary form remains pending until the final decree......d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424.   ...... Result: The Rule is made absolute. Cases Referred to- Lachmi Narayan, 29 C.W.N. 391 (P.C.); Kambala Sandararojamma, AIR 1932 Mad. 519; Lichmi Narayan Tewari, AIR 1925 Pat. 433. Lawyers Involved: Nizamuddin Haider—For the Petitioner. M. A. Sattar—For Oppo..

Category: Property Law | Date: 20 Jun, 1978 | Hits: 3

Abdul Majid Howladar Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others, 1978, 7 CLC (HCD)

....th them, but stands out on his own independent right and denies all right in his adversaries, can be drawn into a partition suit for decision of the question of title paramount. But, in any view, the principle appears to us to undoubtedly sound that where there is conflicting claim to share in the l......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 ......ath Halder and others 61 C.W.N. 875; Jugal Chandra Mondal Vs. Manindra Nath Mondal and others 62 C.W.N. 244; Sm. Siba Rani Debi & others Vs. RamandraNath Mukherjee and others, 66 C.W.N. 828. Lawyers Involved: Miah Abdul Gafur- For the For Appellant Moksudur Rahman-For Respondents ..

Category: Property Law | Date: 14 Jun, 1978 | Hits: 2

Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

....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.     ......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.     ............................Appellants Vs. The State....................................................Respondents Judgment June 13, 1978. Result: The appeal is allowed. Lawyers Involved: Mostafa Kamal—For the Appellant. Humayun Habibur Rasul—For ..

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)

....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ....................Petitioner Vs. Returning Officer & others...................................Respondent Judgment June 2, 1978. Result: The application is rejected. Lawyers Involved: K S. Nabi, A. Hasib-For the Petitioner. K. A. Bakr, Attorney-General, An..

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)

....n but also the Validity of the national legal order inspective of how or by whom such a change is brought about.” The Supreme Court on review of this decision has now held: “The principle laid down in Dosso's case is wholly unsustainable and cannot be treated as good law ei......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......etitioner Vs. Election Commission of Bangla­desh and another.....Respondents (In Petition No.447 of 1978) Judgment May 31, 1978. Result: The prayer is rejected. Lawyers Involved: Dr. Aleem-Al-Razee, Ahmad Husain, Mohammdd Abdur Rouf—For the Petitione..

Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3