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A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)

.... In that view, the aca­demic qualification of a candidate is a rele­vant factor in determining his merit while the case of that candidate is considered for promotion. There is no violation of Article 29 of the Constitution in not promoting the petitioner to the next higher grade. In this con......ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ..

Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1

Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)

....the word conduct' in second and third clauses becomes tautologous or superfluous. But if they are read disjuctively all the three clauses fit in grammatically and semantically for the purpose the Article is directed……..(11) Interpretation of Statute— The three clauses o......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 ..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)

....s appeal by special leave arises from the judg­ment and order of the High Court Division dated 8th August, 1979 in Writ Petition No. 256 of 1978. 2. The respondent filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh alleging inter alia that ......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.   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1

Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)

.... work shop or other establishment in which articles are produced, adapted or manufactured or where the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any Article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs.  Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462   ..

Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....the Public Servants (Retirement) Act, 1974 (Act No. XII of 1974). No reason excepting the statement that the appellant completed 25 years of service appeared in the notice. In his petition under Article 102 of the Constitution the appellant prayed for declaring this notice illegal and having be......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140   ..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)

....espondents and the consequent supersessional absence of any rea­sons for such action of respondent No. 1 and are violative of the fundamental rights of the peti­tioners" guaranteed under Article 29 of the Constitution. 13. It was stated that the impugned promo­tions have advers......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 ..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....;For the Respon­dents. Writ Petition No. 614 of 1978. Judgment Shahabudin Ahmed J.- The petitioner, former Deputy Attorney General (Criminal), has challenged in this petition under Article 102 of the Constitution an order dated 10th June, 1978 of the respondent, Governme......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   ..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......s. In this gazette publication serial No.131 shows that Dhaleswari river fishery was advertised for leasing out for three years. 5. Mr. Ishtiaq Ahmed, also produced before us a printed copy of a Memorandum dated August 1, 1973 from the Ministry of Land Administration and Land Reforms, Section 8..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

....ul Hoque, Md. Aminul Hoque—For the Petitioner H. K. Abdul Hye—For the Respondent. Writ Petition No. 438 of 1978.  Judgment Shahabuddin Ahmed J. - This rule under Article 102 of the Constitution is directed against an order dated 13.4.78 of the responde...... 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   ..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

....nd equally efficacious. In the facts and circumstances of the present case we are of opinion that provision of an alternative remedy by way of review would be no bar in disposing of this matter under Article 102 of the Constitution. 24. Having considered the facts and circumstances of the ....... 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

M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another, 1979, 8 CLC (HCD)

.... Hague Chowdhury, D.A.G.- For Respondent No.1. Tofailur Rahman—For the Respondent. Writ Petition No. 487 of 1977. Judgment Abdur Rahman Chowdhury J. - This application under Article 102 of the Constitution of Bangladesh is directed against an order passed by the G......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 ..

Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1

Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)

.... Lawyers Involved: Sahadat Hossain—For the Pettioner M.M. Hoque, A.A.G-For Respondents Writ Petition No. 377 of 1969. Judgment Shahabuddin Ahmed J.- This Rule under Article 98 of the Constitution of 1962 was issued calling in question an order of the resp......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184           ..

Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2

Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)

....In Petitions No. 758) A.R. Yusuf- For the Respondent (In all cases)  Writ Petition No. 479, 538, 540, 820 and 758. Judgment Shahabuddin Ahmed J.- These five application under Article 102 of the Constitution have been heard together as common questions of law are in......ths notice, one has been suppressed by a junior officer and remaining two have made a grievance that two years ante-dated seniority has been given to some junior officers in pursuance of a Government Memorandum dated 18.3.78 on the ground that the said seniority has been given in recognition of thei..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)

....rders…………………………..Respondents Judgment January 12, 1979. Result: The Rule is made absolute. Protection of Article 135 of the Constitution Article 135 of the Constitution of Banglade...... 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     ..

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)

....espondent No. 2 removing the petitioner from service on account of conviction by the Summary Martial Law Court. Being aggrieved by the aforesaid order of removal the petitioner moved this Court under Article 102 of the Constitution and obtained this rule. 3. The respondent entered app......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       ..

Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8

Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

....6. But the case transferred to the Martial Law Court from the Special Tribunal on 23-12-76 as per Notification. It has been sated in the affidavit-in-opposition that none of the provisions containing Article 31 or any other Article of the Constitution is attracted as the case was tried und....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371.   ..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

.... F. AliAsgar—For the Peti­tioner. S. R. Paul, with S. M. Haque—For the Respondent Writ Petition No. 630 of 1977 Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 22-8-77 (Annexure-G) of r......, any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 222   ..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5

Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)

....e impugned order dated 29-7-76 of respondent No. 4. 13. The Petitioner's case is centered on the question of re-instatement, and the peripheral ground that the impugned order is violative of Article 135 of the Constitution and of the principle of natural justice, though taken in t...... 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     ..

Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1

Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)

.... Rafiqul Islam— For the Petitioner. Abdul Hamid Chowdhury—For Respon­dent No. 2. Writ Petition No. 765 of 1976. Judgment Shahabuddin Ahmed J. - This rule order Article 102 of the Constitution calls in question an order dated 18 12 76 of respondent No......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..

Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....njit Sen Gupta—For the Petitioner. Quazi Shafiuddin Ahmed—For the Respon­dents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Ann......an action which has been proposed to be taken on the basis of a provisional finding of guilt arrived at and prior to that stage, the proposed action is mere hypothetical. In this connection an office Memorandum No.R.VI/S-37/77-80 dated 8th August, 1977 of the Government of Bangladesh has been placed..

Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1