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Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corporation, briefly the Corporation communicating to the petitioner the. Corporation's decision demoting him from his post of Assistant Manager in junior executive grade to the post of Office Superintendent in the supe......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2

Shaikh Keramat Ali Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1979, 8 CLC (HCD)

....iling an application under section 494 of the Code. No order as to costs. Rafiqur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 346   ......iling an application under section 494 of the Code. No order as to costs. Rafiqur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 346   ......p; Judgment Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question the legality of a notice dated 15.11.77 (Annexure-F) of the Chairman, Baintala Union Parishad, under P.S. Ramphal, District Khulna in pursuance of another notice dated 10.11. 77 (...... Judgment Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question the legality of a notice dated 15.11.77 (Annexure-F) of the Chairman, Baintala Union Parishad, under P.S. Ramphal, District Khulna in pursuance of another notice dated 10.11. 77 (Annexu..

Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3

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

.... 2. The petitioner was appointed as Vice-Principal, Rajshahi Cadet College in the year 1967, thereafter he was appointed as Principal of the said College on 1-1-70 and he was duly confirmed in the post of Principal of Rajshahi Cadet College on 22-2-1971. The petitioner is a person in the service ....... 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   ....... 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   ....... 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)

.... 2. Facts leading to this rule, in brief, are that the petitioner was appointed as Sub-Assistant Engineer under the then Undivided Government of Bengal on 16.1.43 and he was confirmed in the said post on 11.2.50. Thereafter, he has promoted as Assistant Engineer on 4.9. 63 which post he was hold......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 ......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 ......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

Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)

....ry duties con­ferred upon the public functionaries. In the result, therefore, this petition is dis­missed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103   ......ry duties con­ferred upon the public functionaries. In the result, therefore, this petition is dis­missed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103   ......……………Respondent Judgment March 14, 1979 Result: The petition is dis­missed. Case Referred to- Queen Vs. Guardians of the Lewisham Union, (1897) 1 Q.B 498. Lawyers Involved: S.R. Pal, Sr. Advocate, with Md. Hannan, Advoca......ry duties con­ferred upon the public functionaries. In the result, therefore, this petition is dis­missed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103   ..

Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2

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

....ntended that though the petitioner was appointed on temporary basis, at the first instance he was appointed 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 governm......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184           ......etitioner according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)184           ......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)

....ospective effect in the same Grade No. VII allowing continuity of service from 1961. Within a year he was promoted to the next higher grade, Grade No. VIII with effect from 1.4.74. Thereafter, he was posted as Manager, Quality Control from 4.7.75g but by a letter dated 6.3.76 his services were sudde...... President's Order No. 2 of 1972. The petitioner in the W.P. No. 538 of 1978 was absorbed immediately after the liberation under the Acting President's Order No. 2 of 1972. But it should be remembered that absorption or appointment or re-appointment, whatever might have been the appropriate ......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..

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

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

.... the Republic charged with any allegation if he is sought to be dismissed removed or reduced in rank. ……………….. (2) The petitioner obviously held a civil post in the service of the Republic and as such he is well within the protection of Article 135......the Police Directorate as referred to us void before this Article of the Constitution. 3. The next contention raised, rather half-heartedly by Mr. Mudassir Hussain is that the petitioner being a member of a disciplinary force is not entitled to writ jurisdiction of this Court under Article ...... 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     ...... 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)

.... Planning was brought directly under the control of said Ministry. The petitioner on promotion joined at Dinajpur in January, 1967 as Executive cum Publicity Officer of the Family Planning Board (the post was re-designated as District Population Control and Family Planning Officer.) While the petiti......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       ......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       ......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

Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)

....ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ......on to vote, the Polling Officer, shall, after satisfying himself about the identity of the voter, issue to him two ballot papers after putting his initials on each outer-foils— (a) one for members containing three outer-foils; and (b) one for-Chairman. (2) Before the ballot pape......d the Elec­tion Tribunal's order in writ petition before the High Court Division, on a number of grounds the main question, however, was re­garding the interpretation of rule 40(4) of the Union Parishad Election Rules, 1976. 4. Correct interpretation of rule 40(4) has become necessa......Elec­tion Tribunal's order in writ petition before the High Court Division, on a number of grounds the main question, however, was re­garding the interpretation of rule 40(4) of the Union Parishad Election Rules, 1976. 4. Correct interpretation of rule 40(4) has become necessary in ..

Category: Election Law | Date: 23 Nov, 1978 | Hits: 206

Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......armed miscreants also used to meet him off and on and hold secret meetings at his house to make plan and programme to render all possible help in anti-state activities of the miscreants specially the members of Kaderia Bahini. As for example according to the decision and programme of a secret meetin......ji Lal Vs. Rex AIR 1949 East Punjab 67; Kishori Lal Vs. Crown ILR 1945 (Lah) 573; Malhari Ramaji Vs. Emperor 49 Cr. L.J. 460; Re T. Venkateswara. AIR (38) 1951 Mad. 611; Braja Kishore Vs. In­dian Union AIR 1950 Orissa 146; Mt Haydari Begum Vs. Jawad Ali AIR 1934 All. 22; Hari Ram Vs. Emperor AIR......now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ..

Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

....udge to decide where its interests lie, in supporting the winding-up or in opposing it and further that the Creditor entered into the agreement as the respdt, No 1 acknowledged the debt. We are not imposts by this argument for respondent No. 1 all along acknowledged the debt and paid some of its ins......e. In Ext. 1 Chairman of the Company will preside over all meetings of the Board as well as of the Company, but in Ext. 10 the Managing Director will preside over all meetings, and in his absence any member nominated by him will preside; in case of any deadlock the Managing Director will have a cast...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....s of the Government of Bangladesh Respondent No. 1, communicated by the Secretary, Establishment Division, Respondent No. 2. These orders are the order dated 11-3-76 reverting the petitioner from his post of Chairman, Bangladesh Tariff Commission to the post of Deputy Secretary; the order dated 13-3......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   ......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   ......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   ..

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)

....n view of this position it is not necessary to determine whether he has been holding any whole-time office of profit. Suffice it to say that his remuneration depends upon the collection he makes. His post may be transferable and he may be under the Rules of Discipline as applicable to a Government S...... government or under any local authority as referred to in the said Article 9 are quoted below: 9(2). "A person shall be disqualified for election as, or for being a, Chairman or an elected member of a Union Parishad or an elected member of a Zilla Parishad if ............. (e) h...... of the Constitution calls in question the legality of an order dated 31-1-78 of the Election Tribunal and Munsif, 6th Court, Barisal setting aside the petitioner's election as Chairman of a Union Parishad and declaring respondent No. 2 a defeated candidate, as duly elected Chairman on an e......of the Constitution calls in question the legality of an order dated 31-1-78 of the Election Tribunal and Munsif, 6th Court, Barisal setting aside the petitioner's election as Chairman of a Union Parishad and declaring respondent No. 2 a defeated candidate, as duly elected Chairman on an electio..

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. ......ve for violation of the principles of natural justice. The domestic Tribunal, If not so prescribed by the rules, may act take evidence strictly as required by the Evidence Act. It must, however, be remembered that "the law requires that such tribunals should ob­serve rules of natural justice in the......J KM Subhan J Bangladesh and others.................Appellants Vs. Md. Abu Taher..................Respondents Judgment July 12, 1978. Cases Referred To- Union of India V.T.R Varma, AIR 1957 (SC) 882 (885); State of Mysore and oth­ers Vs. Shivabasappa M......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. ..

Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96

Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

....by the Sub-Divisional Magistrate. The report further shows that the article was sent to the Chemical Examiner through a bearer whose name has also not been mentioned. 4. In the instant case, the post mortem examination was held on 11-8-67, the viscera and other parts of the body were sent from ......the night of 23rd Sraban, 1373 B.S. corresponding to 9-8-67 on the occasion of his wife's alleged illness in which about 20/25 people including children participated. Deceased Maijuddin who was a member, probably of the union council, and a neighbor of accused Monoruddin, his house being only 2/......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ..

Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1

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

....h again was the same powers, functions of the Kings Bench Division. 15. This power continued, till 7-10-58 when the Constitution was abrogated by Md. Ayub Khan. By Continuance of Laws Order 1958 post proclamation order that jurisdiction was retained subject to proclamation of Martial Law and it......al Martial Law Court shall be appointed from among Sessions Judges or Officers of the Defense Service of Bangladesh Rifles not below the rank of Lieutenant Colonel or equivalent, and of the two other members of such Court, one shall be appointed from among officers of the Defense Services or Banglad....... 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.   ....... 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

Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)

....on in the manner as provided in the Code of Civil Procedure, 1908. (b) the Court shall within seven days of the filing of an application under sub-sect ion (1), send a copy thereof by registered post at the applicant's cost to the Revenue Officer concerned for holding a local inquiry, in pr...... to be maintainable. The learned Munsif in this behalf appears to have rightly rejected the petition for addition of parties. 9. Mr. Shahid has next contended that the applicants are some of the members of the public and they came to protect a public right in the nature of easement in respect o......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421   ......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421   ..

Category: Property Law | Date: 2 May, 1978 | Hits: 1

Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)

.... appointed on April 10, 1957 as a Coin/Note Examiner in Grade-II at the Dacca Office of the erstwhile State Bank of Pakistan on a temporary basis. He was given the benefit of confirmation in the said post on October 10, 1964 with effect from May 1, 1962. There­after, the appellant was promoted o......ns we do not find any substance in the contention. Therefore, the appeals are dismissed with­out any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ns we do not find any substance in the contention. Therefore, the appeals are dismissed with­out any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ns we do not find any substance in the contention. Therefore, the appeals are dismissed with­out any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..

Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168

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

....of misconduct. 2. Case of the petitioner is that he joined the service of the Council in 1962 as a Junior Technician and by dint of merit and efficient discharge of duties he was promoted to the post of Technician on 10.9.65. He was again promoted as Senior Technician on 10.9.68. He was served ......this country. The Resolution proposed for establishing a Policy Board to be headed by the Minister-in-Charge of the Scientific and Technological Research Division, consisting of a Chairman, and a few members to be appointed by the Government. This Board as its name implies is responsible for all pol......ition of 'a local authority'. A local authority as defined by the General Clauses (Amendment) Order, 1972, the President's Order No. 147 of 1972 is: “a Pourashava, Zilla Board, Union Panchayat, Board of Trustees of a port or other authority legally entitled to, or entrusted by......, 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