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....hority. In the facts and circumstances of the case there will be no order as to costs.
Ed.
Sultan Hossain Khan J.—I agree.
This Case is also Reported in: 34 DLR (HCD) (1982) 21
......ltan Hossain Khan J
Dr. Abu Ahmed Chowdhury…………………Petitioner
Vs.
Bangladesh represented by the Secretary of the Ministry of Health and Population Control and others......................................Respondents
Judgment
......idavit-in-opposition. In the said affidavit-in-opposition it has been stated that under section 9(2) of the Public Servants (Retirement) Act 1974 Government had power to retire a Government servant who has completed 25 years of service without assigning any reason. Hence, according to the ..
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)
....sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ...... The Rule is discharged. Lawyers Involved: Kazi Habibul Awal, Advocate— For the Petitioner in person. MA Manna, Advocate— For the Respondent No.3. Syed Ishtiaq Ahmed and Khondker Mahbub Uddin Ahmed, Senior Advocates Amicus Curea. Writ Petition No. 71 of 1981. ......sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......Vs. Bangladesh & Others………………………….Respondent And Mrs. Mamata Ahmed on Behalf of Capt. A. Z. Ghyasuddin Ahmed and Ors……..Appellants Vs. Bangladesh & Others……&hell......0 of Government of India Act was applicable, which required sanction of the government, before a civil or criminal proceeding is taken against a person, for acts done in execution of duty as the servant of the Crown of India. The Full Bench held that criminal proceedings contemplated in Section..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....n and supplementary affidavits-in-opposition is that the Dacca Improvement Trust prepared a Master Plan for Dacca City under the Town Improvement Act, 1953 with the approval of the Government. In the master plan some areas are shown as low lying areas which are called "unzoned area". The a......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
..... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......t, Dacca & another…….Respondents (In Writ Petition Nos.6-8 of 1980).
Md. Abdullah.............................Petitioner
Vs.
Chairman, Second Labour Court, Dacca and other………Respondents (In Writ Petition No.285 of 1980).
Judgment
A....... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
....er.
Communicate the order to the Court concerned expeditiously.
Abdul Matin Khan Chowdhury J.—I agree
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 23
......;
......scape of trawler. There was not a tinge of remorse or repentance in the affidavit for what had happened, on the contrary, he came up with defiant justification for his role in the matter. If a public servant is allowed to conduct himself in such manner then it is bound to undermine the confidence of..
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre......reening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be read conjunctively so that conduct or activity which was not in exercise of power or in discharge of duty of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first pa..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......rojul Huq with Zakir Ahmed, Advocates-For the opposite parties Criminal Revision No. 139 & 140 of 1980 Judgment Md. Altaf Hossain J.- These are two applications under sections 435 and 439 of the Code of Criminal Procedure. 2. The facts of Criminal Revision No.139 of 1980 ari......be committed by the Sub-Inspector of police and the police constables were committed while acting or purporting to act in the discharge of their official duty and they acted in their capacity as servants of the Government and as Public Officers and as such sanction under section 197 of the Cr.P..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)
....without any order as to costs. The order of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139. ......y;dent was never selected by the Selection Board, but somehow by mistake the appointment letter was issued. In the absence of selection by the Board the appointment was invalid. Between the interview and the date when he got the appointment letter there is hardly anything to show that he was se......t of the appointee is to vest the appointee with the right to office which he otherwise does not have. In other words to say that proceeding should be drawn up against, the appointee, as a government servant is to beg, the question when it stated that he was not a government servant. 7. Mr. Rou..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....moval granted to the President and the Governor under Article 310. But it is obvious that the relationship between the Government and its servant is not like an ordinary contract of service between a master and servant. The legal relationship is something entirely different, something in the nature ......SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs. State of Kerala, AIR 1961 SC 552; East and West Steamship Vs. Pakistan, PLD 1958 SC 41;Matajoy Dobey Vs. H.C. Mare, AIR 1956 SC 44; Padfiel......he Constitution and power conferred upon the Government amounted to uncontrolled discretion amounting to discrimination. It was also equivalent to the power of compulsorily retiring a government servant which, is a major penalty under the Government Servants (Discipline and Appeal) Rules, 1976,..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ......ory corporation is a State employee An employee of a corporation set up by a Presidential Order having the force of law is an employee under the State, particularly when the definitions of State and statutory public authority given in Art. 152(1) of the Constitution are read and considered toge......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....required to be headed as president of the Managing Committee either by the Deputy Commissioner or by an Additional Deputy Commissione or by the Sub-Divisional Officer concerned with the Headmaster or Headmistress of the school as the ex officio secretary thereof. This has been the position......udgment Syed Muhammad Hussain J. - This rule arising out of an application under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commissioner, Land Acqusition, Dacca on 19-7-77 requisitioning the premise at 85 Kakrail, Dacca for the acconmodati......te eviction of one Joseph Das and few others from the school premise alleging them to be unauthorised occupants thereof, The petitioners, however, alleged that those persons were the tenants and servants on the premise inducted by the owners of premise as such. The aforesaid application wa..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
....
11. The respondent's case was that the application under Article 102 of the Constitution was not maintainable in view of the fact that the appellant was governed by the ordinary law of master and servant. Further, the principles of natural justice were not available to the appell......In C.A. 169 of 1979.)
M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appellant (In C.A. 65 of 1980.)
Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & ......he respondent's case was that the application under Article 102 of the Constitution was not maintainable in view of the fact that the appellant was governed by the ordinary law of master and servant. Further, the principles of natural justice were not available to the appellant as his ..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... the said section may be made the subject matter of a dispute before the Labour Court. Law does not require that the remedy may be had by the aggrieved person by making the contravention subject master of an industrial dispute in the manner as provided in the I.R.Q. and not by taking the &......lay & Co. Ltd. & Another……..……………………Respondents Judgment January 7, 1980 Result: Civil Appeal No. 26 and 27 of 1978 are allowed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred t...... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......4 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Lawyers Involved: Syed Ishtiaq Ahmed with S.A. Latif, Abdul Rah Chowdhury and Rabia Bhuiya, Advocates-For the Petitioners. K.A. Bakr, Attorney General, with MM. Haq and ......eir juniors. The reasons pointed out is that their cases could not be considered for promotion as they did not complete 14 years continuous service as Class I officer. 35. A Government servant cannot claim promotion as a matter of right because no such right has been conferred upon hi..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......diction)
Present:
Shahabuddjn Ahmed J
Rafiqur Rahman J
Kazi Abdul Wahab......................Petitioner
Vs.
Bangladesh, (through the Secretary, Ministry of Law and Parliamentary Affairs, Law Division)…………………..........s and conditions of service are regulated by a Special Law namely, President's Order No. 6 of 1972 which is self-contained and which has placed Law Officers into a different class from Government servants. The learned Attorney General has also pointed out some other distinctive features of the s..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326 ......pril 3, 1979. Result: The rule is discharged. Cases Referred to- University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; AIR (SC), 1957, 882; C.A. Nos. 52 of 1977, 106 of 1977 and 138 of 19771979;31 DLR (Appellate Division); 33 AIR 1970 Cal. 179; University of Ceylon Vs. Fern......pugned punishment in view of the heavy loss involved in the matter. Being dissatisfied with the order the petitioner moved this Court and obtained the rule. 3. The petitioner is not a government servant but is an employee of a statutory corporation engaged in performing function of public natur..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
.....
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
......nal Jurisdiction)
Present:
Chowdhury A.T. M Masud J
Muhammad Habibur Rahman J
Md. Bokiotullah.........................Petitioner
Vs.
Chairman, Council of Cadet Colleges and Secretary Ministry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 ot.......
In the facts and circumstances of the case we pass no order as to costs.
Md. Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 261
..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....but haying regard to the facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (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:
......davits. Rule 46 of the Bangladesh Service Rules lays down as follows:
“Where an efficiency bar in prescribed in a time scale increment next above the bar shall not be given to a Government servant without the specific sanction of the authority empowered to withhold increments.
Such s..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... of a vessel are not found on board the vessel ; or if the quantity so found is short and if such deficiency is not accounted for to the satisfaction of the officer-in-charge of the custom-house, the master of such vessel shall be liable to a penalty not exceeding twice the amount of duty chargeable......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.-...... 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 ..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
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