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M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
....out any lawful authority and 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) 256 ......………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) ......out any lawful authority and 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) 256 ..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184 ......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......ted on a regular basis from 27.2.65 as Teacher Trainee Instructor and he continuously held that post till his services were terminated by the impugned order dated 16.4.69; as such he was a government servant entitled to protection of Article 177 of the late Constitution which provided for a sho..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....de lines containing terms of contract of service between the Corporation and its employees. Petitioner's service under the Corporation as was under.-the PIA is governed by mere contract between a master and a servant. Service of the petitioner not being governed by any statutory rules, it has fu...... 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......aining terms of contract of service between the Corporation and its employees. Petitioner's service under the Corporation as was under.-the PIA is governed by mere contract between a master and a servant. Service of the petitioner not being governed by any statutory rules, it has further contend..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 ......nal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Dhirendra Nath Sarnaker...……………..Petitioner Vs. Bangladesh and orders…………………………..Responde...... 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 servant in th..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 ......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......Commissioner refined to the directives contained in Government Memo No. R-vi/s 3/77-15 dated Dacca the 5tb February, 1977 (Annexure-E) issued in connection with removal from service of the Government servants on the ground of conduct which has led to his conviction of criminal case wherein it was st..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....ch that no person of ordinary prudence could have conceded thereto which sought to reduce the appellant to a position of total insignificance vis-a-vis respondt. No. 1, who has been made the absolute master of the Company. Mr. Asrarul Hossain contends that if by consent of the parties such amendment...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ......t between the bothers. Another proof of this distrust is the fact that bank cheques of the Company's accounts are to be signed by the Managing Director above, and in his absence by any officer or servant of the Company named by him, but not by the Chairman. 22. It is the consistent case of ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
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 ......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......d. 10. In the case before us the petitioner was suspended about 3 months before a proceeding was drawn on certain allegations. Rule 10 does not debar the authorities from suspending a government servant before drawing a proceeding but it provides that he may be suspended only in connection with..Category: Civil Law, Employment/Service Law | Date: 19 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 ......iginal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Keramat Ali Talukdar.....................................Petitioner Vs. Election Tribunal and Munsif, 6th Court, Barisal and another……Respondents Judgment July 1......isal and another……Respondents Judgment July 18, 1978. Result: The Rule is made absolute. Tahsilder of Vested and Non resident Property Cell is not a public servant holding whole-time office of profit so as to come within the mischief of Article 9 (2)..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....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. ......e is also Reported in: 31 DLR (AD) (1979) 33. ...... beyond the known sources of the respondent's income. The said Board further held that the respondent committed misconduct by contravening the provisions of Service Rules which require the Government servant to take permission from the Government for acquisition of any property. The Board on these f..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Judgment April 13, 1978. Result: The R......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....tion 145(1) Cr.P.C. 23. In view of these conflicting decisions Mr. Justice Badrul Haider Chowdhury sitting singly fell embarrassed to decide the instant case. His Lordship referred the master to the learned Chief Justice, who hat been pleated to refer the matter to this Pull Bench for......bsp; ......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....tion 145(1) Cr.P.C. 23. In view of these conflicting decisions Mr. Justice Badrul Haider Chowdhury sitting singly fell embarrassed to decide the instant case. His Lordship referred the master to the learned Chief Justice, who has been pleated to refer the matter to this Pull Bench for......bsp; ......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
....s of statutory corporations charged with duties of public character, even if their service conditions are not governed by statutory rules, cannot be treated as mere servants under the ordinary law of master-and-servants but they are entitled to invoke the principles of natural justice in the case of......(Special Original Jurisdiction)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.……&hell......re of functions to be performed and authority to be exercised by this Council it is clear that the Council is not a department of the Government and that its officers and employees are not Government servants to be governed by the Governments Servants (Discipline and Appeal) Rules or protected by Ar..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......ction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The ru......rovide for such a contingency: Incidentally we may refer to note 4 to rule 42 of the Bangladesh Service Rules Part I. Rule 42 provides for regulation as to the initial substantive pay of a Government servant. Note 4 of this rule read as follows: “Note 4-The re-employment of a Government s..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
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. ......of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.C. Ind.) 2......on the charges, and the actual punishment to follow is provisionally unproved and the suggested punishments are merely hypothetical. It is on that stage being reached that the statute gives the civil servant the opportunity for which sub-section (3) makes provision. Their Lordships would only add th..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. ...... Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.C. 142; Md......on the charges, and the actual punishment to follow is provisionally unproved and the suggested punishments are merely hypothetical. It is on that stage being reached that the statute gives the civil servant the opportunity for which sub-section (3) makes provision. Their Lordships would only add th..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. ...... Civil Appellate Jurisdiction) Present: Shatiabuddln Ahmed J M.H. Rahman J Mr. Kalimuddin Ahmed.............................Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appe....... 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. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
....pulsion of a student and in 29 DLR (SC) 41 the main question was whether the relationship between the servant of a statutory corporation and the statutory corporation was governed by the principle of master and servant. The facts are no doubt distinguishable but the observations made in these cases ......of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; Ban......mployee, terminable at any time without any notice and without assigning any reason whatsoever, was held to have been bad as the order of termination referred to adverse political records against the servant but he was not given an opportunity to show cause as to the aspersion made in the order of t..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
.... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ......n Medical Supplies Vs. Farben 21 DLR 945; Mohanlal Harprassad Vs. Firm Lai Mohan AIR (1961) M.P. 237. Lawyers Involved: S. R. Paul with Khalilur Rahman—For the Appellants. Khandker Mahbubuddin Ahmed with A, K. Maintil Huq—For the Rcfpondtni No. 1. Appeal from Ori...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ....... Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree No......dant No.1 had executed a General Power of Attorney on 8-7-73 in favor of his relation K.A. Qureshi (D.W. 3) who was "Khalu" of his wife. D.W. 3, it may be mentioned here, is a retired Govt. servant residing in Chittagong. He has got some business there. Defendant No. 1, it may be mentioned..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
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