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Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)

.... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represen­ted by the Secretary, Ministry of Public Works and Rural Development and an......inistry of Public Works and Rural Development and another ………………………………………...Appellants. Vs. Md. Matiur Rahman ……………………&hellip......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered   to compulsory retire­ment. No order as to costs. Ed. ......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered   to compulsory retire­ment. No order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 87

East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others Vs. Md. Abdul Hye Bhuiyan, 1981, 10 CLC (AD)

....Supreme Court Appellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ............................adrul Haider Chowdhury J Shahabuddin Ahmed J East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants Vs. Md. Abdul Hye Bhuiyan………………………………………………….. Responde......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 109

Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)

....sain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Khondker Moshtaque Ahmed………………………. Appellant (In both the appeals). Vs. Bangladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both the appeal......ddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Khondker Moshtaque Ahmed………………………. Appellant (In both the appeals). Vs. Bangladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both th......w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..

Category: Criminal Law | Date: | Hits: 287

Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)

.... ......ry of Law and Parliamentary Affairs, Government of Bangladesh………………………………………Appellant. Vs. Hon'ble Judge, Prize Court, High Court Division, Supreme Court Building, Dacca …&......e learned Attorney-General are found unacceptable, not because it lack  rea­sons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack  rea­sons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..

Category: Others | Date: | Hits: 116

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

....34 DLR (AD) 173. ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh & others…………………………………….Appellants Vs. A. K. M. Zahangir Hossain………………………………………………... Responden...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..

Category: Constitutional Law | Date: | Hits: 188

Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)

.... Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 65

Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)

.... Shahabuddin Ahmed J Jamil Huq and 11 others……………….Petitioners (In Petition Nos. 65/81 66/81, 67/81, 68/81, 69/81, 70/81, 71/81, 72/81, 73/81, 74/81, 75/81, and 76/81) Vs. Bangladesh and others................................Respondent Judgment September 22, 1981.......­dhury J Shahabuddin Ahmed J Jamil Huq and 11 others……………….Petitioners (In Petition Nos. 65/81 66/81, 67/81, 68/81, 69/81, 70/81, 71/81, 72/81, 73/81, 74/81, 75/81, and 76/81) Vs. Bangladesh and others................................Respondent Judgment September 2......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 327

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

.... of Defendants and Civil Appeal No. 38 of 1981 by the plaintiff. 2. The suit was filed by the plaintiff under section 6 of the Admiralty Court Act, 1861. Facts are simple. There was salt crisis in Bangladesh during the relevant time and the Government allowed import of salt. The plaintiff tried t...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And De......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264

Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)

....hul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant  Vs. Bangladesh and ors…………………………&h......J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant  Vs. Bangladesh and ors……………………&hel......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..

Category: Property Law | Date: | Hits: 61

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurja......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 448

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....leged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the Com­pany were mortgaged to respondent No. 2. Bangladesh Shilpa Rin Sangstha, successor of the Pakistan Industrial Credit and Invest­ment Cor...... Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others…………………&helli......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 110

Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

....p;……………………………………Respondents Judgment June 17, 1981. Cases Referred To- Bangladesh vs. A. T. J. Industries (1977) 29 DLR 181; D. F. O. South Kheri vs. Ram Sanchi Singh, AI......zle Munim  J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of Public Works and Urban Development, Public Works Divi­sion, G......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..

Category: Property Law | Date: | Hits: 53

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....an Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been done. 2. The Respondent is a company incor­porated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market ass......ellate Division (Civil) Present: Fazle Munim J Shahabuddin Ahmed J Chowdhury ATM Masud J Assessing Officer, Narayangonj Range and others…………………....Appellants Vs. Burmah Eastern Ltd. …………………………………………...Respondents Judgm......at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..

Category: Fiscal/Taxation Law | Date: | Hits: 76

GM, Bangladesh Tea In­dustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

.... ...... CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager, Bangladesh Tea In­dustry Management Committee and an­other .......................Appellant Vs. F.H. Chowdhury and another…..........................................Respondents ......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 92

Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)

....s as found by the learned Judges of the High Court Division are that the premises in question being a shop the appellant was running his business there under the heading 'Bornika . On Independence of Bangladesh, the shop was taken over as abandoned property and thereafter it was released by the Aban...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Shahabuddin Ahmed J Zahirul Huq……………………………………………………..Appellant Vs. Ejamul Huq and others……...................Respondents Judgment June 30, 1981. L......rom the due process of law. With this observation this appeal is allow­ed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......rom the due process of law. With this observation this appeal is allow­ed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 93

Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)

.... he applied to the Area Committee for release of the same. The said Committee finally passed an order on 11.12.71 forfeiting 25,000/00 rupees and releasing the amount 46.500/-. After the emergence of Bangladesh Sonali Bank came into existence as successor of National Bank of Pakistan. The respondent...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 2......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 129

Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)

.... Kemaluddin Hossain J Shamsul Alam..........................................................................Petitioner.     Vs. Superintendent of Police, Bangladesh Railway and other…………………….Respond......sain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Shamsul Alam..........................................................................Petitioner.     Vs. Superintendent of Police, Bangladesh Railway and other…………&h......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 83

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....x-parte.—Respondent No. 2 (in C.A. Nos. 46 and 47 of1978). Civil Appeal Nos. 26, 27,46 & 47 of 1978 (from the judgment and Order dated 7.1.1977 passed by the High Court of Bangladesh in Writ Petition Nos. 863 and 864 of 1974). Judgment:   K. Hossain CJ.- I......azle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The Chairman, Second Labour Court, Dacca and another...............Respondents (in C.A. ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 91

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

....ider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment July 15, 1980.......m J Badrul Haider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 66

Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....Chowdhury J Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others... …………………..Respondents ......: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Abdul Quddus ……………………….Appellant Vs. Secretary, Cabinet Secretariat. Establishment Division, Govt. of Bangladesh and others........in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 94