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Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)

....sed with effect from 20.7.63. The adhoc appointments of officers recruited by the Railway were regularised only in May, 1976, with the approval of the President, and to that effect a notification was published in the Gazette on 22.5.76. As the petitioner was reappointed in service after his resignat......ng upon the respondents to show cause why the Order No. 202-E/299(O) dated July, 29, 1976 of the Secretary, Bangladesh Railway Board (Annexure 'K' to the petition made in super session of the order No. 433/1-PXV (O) dated November 16, 1972 of the Secretary (Establishment) Bangladesh Railway ......o costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111     ...... (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1

General Manager, Urea Fertilizer Fac¬tory, Ghorashal, Palash, Dacca Vs. Urea Fertilizer Fac¬tory Employees Uni¬on, Ghorasal Palash, Dacca and others, 1978, 7 CLC (HCD)

....f both the courts below are 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) 306.   ......Mahbubul Hoq—For the Respondents. Writ Petition No. 43 of 1977. Judgment Shahabuddin Ahmed J.—This Rule under Article 102 of the Constitution calls in question an order dated 5.11.76 of the Second Labour Court, Dacca confirmed in appeal by an order dated 13.1.77 ......, be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 306.   ......t Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J General Manager, Urea Fertilizer Fac­tory, Ghorashal, Palash, Dacca.........Petitioner Vs. Urea Fertilizer Fac­tory Employees Uni­on, Ghorasal Palash, Dacca and oth..

Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1

Assistant Electrical Engi¬neer, Pahartali Power House Messrs. M.M. Ispahani Ltd. Pahartali, Chittagong Vs. Chairman, Labour Court, Chittagong & another, 1978, 7 CLC (HCD)

....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.     ......h;For the respondents. Writ Petition No. 384 of 1976. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question the legality of an order dated 28-4-76 of the Chairman, Labour Court, Chittagong in Industrial Dispute Case No. 168 of ......der as to costs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 211.     ......diction) 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 ..

Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3

Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)

....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 ......lved: Rafiqul Islam— For the Petitioner. Abdul Hamid Chowdhury—For Respon­dent No. 2. Writ Petition No. 765 of 1976. Judgment Shahabuddin Ahmed J. - This rule order Article 102 of the Constitution calls in question an order dated 18 12 76 of respond......t. 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 ......reme Court 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..

Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336.   ......or the Respon­dents. Writ Petition No. 548 of 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 th......law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336.   ......; ..

Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144.   ......or the Respon­dents. Writ Petition No. 548 of 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 th...... No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144.   ......   ..

Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1

Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)

..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146.       ......n 20-4-57 and requested the Railway to hand over goods so that they might be seized. The railway, however, refused delivery on the ground that the matter had been referred to the higher authority for order. As the consignors contravened I.T.C. Act, 1950 and the Border Trade Agreement in force, the C......979) 146.       ......th the appeals). First Appeal No. 90 of 1962 and First Appeal No. 53 of 1962 Judgment M. H. Rahman J.—F.A. No. 90 of 1962 and F. A. No. 53 of 1962 have arisen respectively from money Suit No. 8 of 1958 and Money Suit No. 9 of 1958 dismissed on contest by Mr. A. B. Khan, Subordi..

Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2

Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)

....des that the Government may prescribe any scale of pay for persons in the service of the Republic and employees of Autonomous Bodies. Statutory Corporations, Nationalised Industries by an order to be published in the Official Gazette and further that the new scales of pay thus prescribed will have e......s who were in the nationalised industries would be placed in National Grade VIII. It was alleged by these workers in their respective applications under section 34 that the management by an order dated 2-11-74 Ext. 11 implemented the said recommendation with effect from 1st October, 1974, ......stances 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 ...... Court 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..

Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1

Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)

....tiously. The rule is accordingly disposed of with the directions as above. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 208.   ......osed of. Lawyers Involved: Nizamuddin Haider—for the petitioner. Civil Revision No.1263  of 1977. Judgment A.R. Chowdhury J.—This rule is directed against an order passed by the learned District Judge allowing the temporary custody of the minor son and daugh...... is also Reported in: 30 DLR (HCD) (1978) 208.   ......   ..

Category: Family Law | Date: 20 Jan, 1978 | Hits: 4

Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)

....ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84     ......he suit, judgment of that suit would, operate as res judicata in a subsequent suit embracing this issue this question was also answered in the negative, in CWN (XII) 359, it was held : “In order to establish the plea of res judicata the court which decided the former suit must have been s......-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84     ......vil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J           Madhari Mia...............................Petitioner Vs. Surjat Ali.......................Respondents Judgment January 20, 1978...

Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

....government revenues, held by the Collector or other officers authorised to hold sales under the Act, although it may be contrary: to the provisions of the Act either by reason of some irregularity in publishing or conducting the sale, or in consequence of some express provision for exemption having ......mder filed an objection petition under section 19 of the State Acquisition and Tenancy Act, 1950 to the Revenue Officer, Gopalganj and got his name recorded as tenant in possession under an order dated 13.7.59. This order of the Revenue Officer got no basis whatever and the plaintiffs'......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......vision (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Amulya Chandra Kundu……………………...Petitioner Vs. Monendra Nath Biswas…………………&hell..

Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

.... government revenues, held by the Collector or other officers authorised to hold sales under the Act, although it may be contrary to the provisions of the Act either by reason of some irregularity in publishing or conducting the sale, or in consequence of some express provision for exemption having ......mder filed an objection petition under section 19 of the State Acquisition and Tenancy Act, 1950 to the Revenue Officer, Gopalganj and got his name recorded as tenant in possession under an order dated 13.7.59. This order of the Revenue Officer got no basis whatever and the plaintiffs'......M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......vision (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Amulya Chandra Kundu……………………...Petitioner Vs. MonendraNath Biswas…………………&helli..

Category: Property Law | Date: 16 Jan, 1978 | Hits: 2

Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)

....ultimate consignee in Bangladesh was the plaintiff. The ship was scheduled to reach Chittagong from Bedi Bander within 8/10 days and her estimated time of arrival according to the daily berthing list published by the Chittagong Port Authority, was 16.8.77. The ship ultimately reached the outer ancho......e applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the, arbitration, such authority may make an order staying the proceedings” In order that a suit may be stayed under section 34&n......sp;   ...... 20; M/S. Haji Azam Vs. Singleton Binda & Co. Ltd. (1975) 27 DLR page 583. Lawyers Involved: Shahabuddin Ahmed with K. Z. Alam and Shah Abu Nayeem -For defendants Nos. 1, 2 and 3- Petitioners. Syed Ishtiaq Ahmed with Rafiq-ul-Huq, and FazlulHaque-For the Plaintiff. M. Fazlul ..

Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39

Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)

....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97     ......Mahbubuddin Ahmed with Md. Shafiqur Rahman—For Opposite Party Nos.1 and 2. Civil Rule No. 620 of 1977. Judgment Civil Revifional Jurisdiction. - This rule is directed against the orders dated 25-4-77 and 7-5, 77 of the District Delegate in Misc. Case No.656/75. The Opposite Part.......R. 1944 Calcutta 385. Lawyers Involved: Kailash Chandra Vs. Nanda Kumar, AIR 1944 Cal. 385 5. Md. NurulHuq with A.B.M. Khairul Haque—For the Petitioners. Khandaker Mahbubuddin Ahmed with Md. Shafiqur Rahman—For Opposite Party Nos.1 and 2. Civil Rule No. 620 of 1...... (Civil Revifional Jurisdiction) Present: Ranadhir Sen J Mohammed Chand Mia & others……………………………Petitioners Vs. Barista Krishna Kundu & others...........................Opposite parties ..

Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8

A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)

....passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......ry Jahanara—For Petitioners. Kazi Abdul Wahab—For State. Criminal Revision Case No. 368 of 1975. Judgment Faizul Islam Chowdhury J.- This Rule is directed against the order dated 25.2.75 passed by Mr.A.B. Sorkar, Additional Sessions Judge end Ex-officio Special Judge......nd the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ......HCD) (1978) 166. ..

Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1

Maram Ali Vs. The State and others, 1977, 6 CLC (HCD)

....e is made absolute. The impugned order dated 3-7-75 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......ash;For the peti­tioner. Rafiqur Rahman—For opposite party. Criminal Revision No. 702 of 1975. Judgment A. S. Faizul Islam Chowdhury J.-This rule is directed against the order dated 3-7-75 passed by the Sub-Divisional Magistrate, Sadar, Sylhet in Misc. case No. 118 of 1......5 passed by the learned Magistrate in Misc. case No.118 of 1975 is set aside. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 164. ......sdiction) Present: A.S. Faizul Islam Chowdhury J Maram Ali ………………………………………Petitioner Vs. The State and others.....................Respondents Judgment December ..

Category: Criminal Law | Date: 9 Dec, 1977 | Hits: 1

Md. Abdur Rasheed Vs.

....tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ...... Judgment M. H. Rahman J.—This is a second appeal. The appellant, Md. Abdur Rasheed, filed Title Suit No. 36 in the Court of Subordinate Judge, 1st Court, Dacca for a declaration that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Division, Dacca (defendan.......- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ...... alia, that the plaintiff was appointed on a temporary basis subject to police verification as to his antecedents and his service was terminated according to the terms of the contract; there was only one police verification and that was against the plaintiff; the police report, a secret document was..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....he properties of an enemy had vested did not undergo any alteration whatsoever. 17. The Government of East Pakistan is­sued an omnibus notification being No.1199 Gen. dated 3-12-65 which was published in the Dacca Gazette Extraordinary on 4-12-65 and was to the following effect: "......sh Chandra Bhattacharya J. - This appeal by spe­cial leave is against a judgment of a Bench of the High Court of East Pakistan modifying, under Article 98 of the late Constitution of Pakistan two orders of the Sub-Divisional Officer Brahmanbaria, relating to lease of certain lands said to be ene......n part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ......em Ali and others (1968) 20 DLR (SC) 129; Sufia Khatun Vs. Secretary, Revenue Department, Government of East Pakistan and others, (1968) 20 DLR (SC) 18; Mumtazuddin Ahmed Chowdhury Vs. Deputy Commissioner and Assistant Custodian of Ene­my Property, (1968) 20 DLR 375; Messrs M.M. Ispahani Vs. Dep..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......ite Parties No.1 and 2 Civil Revision No. 1068 of 1976. Judgment Siddique Ahmed Chowdhury J.- This Rule at the instance of the purchaser Aftab Miah is directed against the judgment and order dated 29th November, 1975 passed by the learned Subordinate Judge, 2nd Court, Sylhet in Misc. ...... November 25, 1977 Result: The Rule is discharged. Cases Referred to- Md. Meher Ali Mondal Vs.Md. Karam Ali Sarkar, 17 D.L.R. (Dacca) 365; Ram Chandra Lal and others Vs. Mst. Domini Kaur and others, A.I R. 1961 (S.C) 1747; Asmat Ali Sharif Vs. Mujahar Ali Sarder ,52 C.W.N. 64; ......vil Revisional Jurisdiction) Present: Siddique Ahmed Chowdhury J Aftab Mia…………………………….................Petitioner  Vs. Wahab Ali and others……………..................Oppos..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)

.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407   ......of 1976 at the instance of purchaser Mst. Delwara Begum, wife of Md. Ibrahim Hossain were issued calling upon the opposite party No. 1 pre-emptor Md. Khorshed Ali to show cause, why the judgments and orders dated 6.5.76 passed by the learned Munsif 2nd Court, Mymensingh. Sadar, in the proceedings un......s also Reported in: 31 DLR (HCD) (1979) 407   ...... High Court Division (Civil Revisional Jurisdiction) Present: Siddique Ahmed Chowdhury J Ibrahim Hossain and Delwara Begum……………….Petitioners Vs. Md. Khorshed Ali and others……………...............

Category: Property Law | Date: 17 Nov, 1977 | Hits: 2