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Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....he appellant was appointed the Joint Director of the Institute and in March, 1967 was appoÂinted to act as Professor of Medicine in addition to his duties as Joint Director. 5. In July, 5969 the Government decided to convert the post of Director and professor of Medicine of the Institute into n......Post-Graduate Medicine and ReseÂarch was served with a notice issued on June 5, 1980 by Prof. M.A. Haleem, Additional Secretary-in-charge, Ministry of Health and population Control retiring him from service with immediate effect. The notice was served in exercise of powers conferred by sub-section ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....o a public enterprise. In 1968 its entire share held by the EPIDC was transferred to the President of Pakistan. After the emergence of Bangladesh, all of its shares became abandoned and veiled in the Government of Bangladesh under the provisions of President's Order No. 16 of 1972. With the passing ......he officer currently holding the aforesaid post should vacate and will work as an officer on Special Duly until further orders." Respondent No.1 by his order dated May 24, 1979 terminated the service of the appellant with effect from the same day 'under clause 7(h) (v) of letter of his appoi..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... called the Ordinance as a nonprofit making concern having the main object of doing the business of weighment / measurement of various articles of import and export by private individuals. The Government granted the license required under section 3 of the Ordinance on due approval of the Mem......veral times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on all country basis, which is fully described this service being required essentially by the Steamers and Shipping agents, in Clause 3(36) of the Memo..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....operty becoming enemy properly and the relevant passage may be quoted: "Upon a true construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the property remains subject to the ov......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ise of the powers derived or purported to have been derived from such Proclamation, Martial Law Regulations, Martial Law Orders. (3) Whether the decision of the reviÂewing authority, namely, the Government of Bangladesh can be called in question under Article 102 of the Constitution despite the......adat Mohammad Sayem assumÂed the powers of Chief Martial Law Administrator and declared that the Chief Martial Law Administrator shall not be deemed to be a person holding an office of profit in the service of the People's Republic of BanglaÂdesh for any purpose whatsoever; Parliament was dissolve..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....ice dated December 23, 1975 issued by the Chairman, Second Screening Board, Dacca, which has since been abolished, asking him to show cause why a recommendation will not be made against him under the Government of BanglaÂdesh (Service Screening) Ordinance, 1972 (the President's Order No. 67 of 1972......es or of any disciplined force in case he chalÂlenges the decision of the authority under which he serves……….(13) The tribunal being empowered by law to deal with any member of the defense service or of any disciplined force, no remedy against the decision of such court or tribunal is ava..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....ment or sentence or make orders for retrial or such other orders as he deems necessary for the ends of justice. The expression "Sessions Judge" was inserted by substituting the word "Government" by the Martial Law(Twenty-fifth Amendment) Regulations,1977 (Regulation No.VIII of......, as such, any order passed by the Sessions Judge in review cannot be questioned under sections 435/439 of the Code of Criminal Procedure. 5. After hearing the appellants it was felt that a service of some Senior Advocate was necessary to assist the Court. Accordingly, Syed Ishtiaq Ahmed,..Category: Criminal Law | Date: | Hits: 62
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......petition praying for time for furnishing required secÂurity bond. The learned S.C.C. Judge allowed time to the respondent to furnish the security bond by 25-9-73 and fixed 14-11-73 for return of the service of notice in the Miscellaneous Case. The respondent neither filed the security bond nor took..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
.... be a power of attorÂney, and to have been executed before, and authenticated by a Notary Public, or any Court, Judge, Magistrate, Bangladesh Consul or Vice-Consul or representative of the CenÂtral Government was so executed and autheÂnticated. Along with this we are to refer to section 57(6) of ......edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ...... the absence of such party. 16. The right to purchase the land transferred as contemplated under section 96 is a statutory right and it is to be exercised within 4 months of the service of notice under section 89, or if no notice has been served under section 89, within ..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....including the Dacca Improvement Trust. None of the Respondents entered appearance. HowÂever at the hearing on July 12, 1979 Assistant Attorney General appeared to oppose the Rule on behalf on of the Government. The Rule was made absolute and the declaration as prayed for was made, on July 27, 1979 ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....a. They became victims of communal riots which broke out in January 1964; their huts and houses were burnt and their movable properties looted; they took shelter in the refugee camps opened by the Government in the city of Dacca. After some time they returned to their village and after reconstru......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....lised value and claimed Tk. 1,59,220/- being the 20% value of the seized articles as reward under the Rules and since the reward amounted to more than Tk. 5000/-, under the Rules of Business of the Government the matter was placed before the National Board of Revenue who finally rejected the res......mental in detecting and bringing to notice infringement and evasions of the provisions of the statutes mentioned therein. Rewards as contemplated under the Rules are payable in appreciation of the service rendered either by an officer of the Customs or a private person in the detection of import..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....”I concur with the reasonings and the conclusions of my learned brother Shahabuddin Ahmed, J. Shahabuddin Ahmed J. - These three appeals by special leave arises out of orders of retirement of two Government Servants under Section 9(2) of ACE XII of 1974. They have been heard together since some ...... Khan was acting as Deputy Director, Civil Aviation, Government of Bangladesh at the relevant time. By an order dated 16 June, 1978 the Government, in the Ministry of Civil Aviation, retired him from service on completion of 25 years of service under section 9 (2) of the Public Servants (Retirement;..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....as aforesaid there shall be no appeal from any order, judgment or sentence of Special Tribunal and no Court shall have authority to revise such order, judgment or sentence. (2) The Government shall for the purpose of this Act, constitute one or more Appellate Tribunals; and an ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....'s Republic of Bangladesh; Now, therefore, in exercise of powers conferred by Article 6 of the Government of Bangladesh (Service) Order, 1972 (President's Order No.9 of 1972) the Government is pleased to remove the following employees from the services of Bangladesh Water...... Ruhul Islam J.—This appeal by special leave arises from the judgment of the High Court Division in Writ Petition No. 180 of 1978 declaring the order removing the respondents from service under the President's Order No. 9 of 1972, as illegal and without any lawful authority..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....s, 1976 The explanation was not satisfactory and inquiry was held. The Inquiry Officer found him guilty of failure to submit the estimate in time and recommended a minor punishment of censure. The Government, however, decided to award the extreme punishment and a second show cause notice was iss......o forward a copy of administrative approval of the proposed construction. Exception was taken for such step and a departmental proceeding was drawn up as to why he should not be dismissed from service or otherwise suitably punished for inefficiency and misconduct within the meani..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
....the property from Jainab Bibi. On the other hand, Exhibit B series .shows that the defendant had been paying municipal dues for the land in question and Exhibit E shows payment of rent to the Government by the defendant. Survey settlement record shows that the defendant was in possession of...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ncome tax and super tax assessed for the assessment year 1962-63 from the fund of the Company in liquidation. The Company Judge rejected the application on the ground that the price offered by the Government was not for sale but for the .compulsory acquisition of machinery, plants, etc. of ......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......nsfer of Property Act was served upon the respondent on April 3, 1974. Yet, as it was not issued in time, a fresh notice was issued through the appellant's Advocate under registered post. Despite the service of notice upon the responÂdent whereby the tenancy was determined with the expiry of the mo..Category: Tenancy Law | Date: | Hits: 67
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