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Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....most illegally, that on 25-6-1992 plaintiff No.1 came to know for the first time that Syed Altaf Hossain has got said properties in his own name and in the name of his wife Mrs. Shirin Aktar; that prior to 25-6-1992 plaintiffs had no knowledge that Syed Altaf Hossain has got aforesaid properties......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ul Amin J Syed J.R. Mudassir Husain J Al-haj Mohammad Seraj-ud-Dowla and others.................................Petitioners. Vs. The Secretary, Ministry of works...................................................Respondent. Judgment ..Category: Property Law | Date: | Hits: 54
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....ocation of the said Proclamation and withdrawal of Martial Law shall not revive or restore any right or privilege which was not existing at the time of such revocation and withdrawal. Therefore, if prior to the withdrawal of all proclamations and Martial Law Regulations on 6.4.79, any proceedings ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......te Division (Civil) Present: Kemaluddin Hossain, C. J., Ruhul Islam, J. Badrul Haider Chowdhury, J. Abdur Rashid...... ………………………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & ors...........Respondents Judgment Ja..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....from the easiest time of Islam It is interwoven with the entire religious life and social economy of Muslims. Naturally the law of wakf is the most important branch of Muslim Laws. It is certain that prior to Islam there were no wakfs in Arabia. The earliest one referred to by the authorities is tha......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....f the Chief Accountant, it is patently hit by the rule enunciated in the case of Bangladesh Small Industries Corporation vs. Mahbub Hossain 29 DLR (SC) 41 inasmuch as the respondent was not given a prior notice. The order of 26th December 1972 being the only order on which the Appellants have ta......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....reference to the Proclamation dated August 20, 1975, Mr. Serajul Huq submitted that the Proclamation does not show that the President took also the power of legislation to punish offences committed prior to the Proclamation of Martial Law. He further submitted that assuming that the Proclamation g......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....ondition to be fulfilled. Sanction can be obtained after submission of charge-sheet but before the trial commences. 5. Next, comes the question whether a charge sheet submitted without obtaining prior sanction of the Government or upon which no cognisance has yet been taken brings it within the......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ernment and local bodies ; (b) donations, fees, subscriptions, foundation fund and endowments ; (c) income from investments and royalties ; (d) loans raised by the Council with the prior approval of the Government; and (e) receipt from other sources allowed by the Governmen......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......tember 10, 1965 and thereafter he was promoted to the post of Senior Technician on September 10, 1968. After liberation of Bangladesh the appellant returned from Pakistan and reported to the relevant Ministry for duty and the Ministry after accepting his joining report sent him to the Bangladesh Cou..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....Deputy Chief Engineer (Construction). Then again if he was re-employed then how could he be re-appointed in the senior scale on ad hoc basis and that also against work charged post with affect from a prior date as a fresh entrant. In the absence of a clear bar against reinstatement the competent aut......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......s accepted on June 20, 1972 with effect from the date of resignation. The appellant, however, submitted a representation on September 1st. 1972 by way of an appeal to the Minister-in- Charge of the Ministry of Communication for review of the order of acceptance of his resignation and on consider..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......tain allegations of corruption and misconduct a proceeding was drawn against him under the Government Servants (Discipline and Appeal) Rules 1976, hereinafter, called the Rules, by the Secretary, Ministry of Commerce. The procedure as laid down in the Rules was followed and the appellant havin..Category: Employment/Service Law | Date: | Hits: 72
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....ending before the Tribunals concerned no longer continue and should therefore, be quashed. To this charge sheet in the pending cases were submitted and cognisance was taken by the Special Tribunals prior to the aforesaid amendment the Special Tribunals concerned have jurisdiction to try the resp......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Suruzzamal ..................................Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another...............................Respondent..Category: Property Law | Date: | Hits: 101
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....think that any grievance can be made for not filing the FIR in time in the Police Station though the Police Station is close to the place of occurrence. Since, investigation had already started prior to the lodging of the First Information Report both the trial Court and the High Court Divis......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ......ld be compulsorily retired after a departmental enquiry by the Conservator of Forests on the strength of a circular for redistribution of administrative powers issued by the Deputy Secretary of the Ministry of Agriculture and Forest on June 4, 1981 and making the Conservator of Forests as the ap..Category: Administrative Law | Date: | Hits: 114
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......r brother Kazi Feroj Rashid, Minister in the last Government, the order of detention was passed for ulterior and malafide purpose to harass and humiliate the detenu. 5. Respondent No.1, the Ministry of Home Affairs, denied the material allegations made in the writ petition and contended t..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....industrial enterprise and the shares or interest therein were vested in the Government under the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (PO) No. 16 of 1972), prior to the placement of the industrial enterprise under any Corporation, and on such transfer ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr...................Category: Property Law | Date: | Hits: 65
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....he respondent sanctioning an extension of 3 days' leave without mentioning that the extension was asked for by the respondent on flimsy grounds and stating that in future the respondent must obtain prior approval. He also draws our attention to section 5(3) of the Act and submits that remaining ......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....n correctly held that no sanction was necessary as the petitioner had already ceased to be a public servant when the Senior Special Judge took cognizance in the matter. 13. It is submitted that no prior notice was given to the petitioner asking him to declare his assets under section 4 of the Ant......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
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