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Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)

....es many of whom were outside the concerned Ministry of Defence and consequently whether the respondent No. 2 was justified in black-listing the petitioners unilaterally without causing service of any prior notice to the petitioners con­cerned. So far as the impugned notice dated 22nd September, ......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78     ......lication under Article 102 of the Constitu­tion is directed against a notice No. 215/2261 DGDP/ASC/P-8 dated 22nd September, 1978 made on behalf of the Director General of Defence Purchase in the Ministry of Defence of the Government of Bangladesh with notice to all concerned Ministries, Divisio..

Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2

Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)

....stion of limita­tion is concerned the learned Subordinate Judge also held that the application was not bar­red by limitation under section 96 of the Act on the finding that pre-emptors had no prior knowledge of transfer. This finding as to limi­tation was based on  evidence on recor......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ..

Category: Property Law | Date: 3 Mar, 1980 | Hits: 8

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

....pplications cannot be treated to be under section 25. On reference to section 25 it is seen that clauses (a) and (b) of sub-section (1) of sec­tion 25 provide time limits for doing certain things prior to his filing the application before the Labour Court. Clause (a) also requires that' the ...... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ...... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ...... 348; Crane Vs. Morris, (1955) 3 AH. E.R. 77; Addiscombe Garden Estates Ltd. and another Vs. Crabbe & others, (1957) 3 All E.R. 563; Facchini Vs. Bryson (1952) 1 T.L.R. at P. 1389; Finbow Vs. Ajr Ministry, in (1963) 2 All E.R. 647 AIR 1965 (SC) 610. Lawyers Involved: M. Hafizullah ..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

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

....before the issuance of the orders for promotion. It was also stated that the Establishment Division issued impugn­ed Notifications for promotion of the aforesaid respondents without obtaining the prior app­roval of the President through the Council Committee, and for collateral reasons did n......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 ......constituting a Senior Policy Pool to be the apex of the Cadre of Civil Service, 6. In Writ Petition No.527 of 1979 peti­tioner Mohammad Faizullah, Deputy Secretary, Government of Bangladesh, Ministry of Local Government, Rural Development and Co-oper­atives, was selected for permanent a..

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

General Manager, Bogra Cotton Spinning Co. Ltd. Vs. Chairman, Rajshaht Labour Court & another, 1979, 8 CLC (AD)

....y noticed that the Company did not observe this mandatory provision of law while taking ac­tion against the respondents. The law has provided that the condition precedent for taking action is the prior permission of the Labour Court. Action can only be taken "after obtaining permission from......of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ......of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ..

Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ......e absence of a reg­istered written instrument of gift. They, howev­er, stoutly denied the story of the alleged oral gift and contended that the application before the income Tax Authority for clearance certi­ficate is a manipulated affair. They contended that Abdur Rahman Choudhury died ...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....t any lawful authority and is of no legal effect. There will be no order as to coats. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (1979) 402   ......t any lawful authority and is of no legal effect. There will be no order as to coats. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (1979) 402   ......risdiction) Present: Shahabuddin Ahmed J RafiqurRahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh………....

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

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

....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   ......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   ......l Original Jurisdiction) Present: Shahabuddjn Ahmed J Rafiqur Rah­man J Kazi Abdul Wahab......................Petitioner Vs. Bangladesh, (through the Sec­retary, Ministry of Law and Parliamentary Affairs, Law Division)……………&hel..

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

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

....tioner the. Corporation's decision demoting him from his post of Assistant Manager in junior executive grade to the post of Office Superintendent in the superintending service grade 1 without any prior notice. 2. Case of the petitioner is that he joined the then East Pakistan Agricultural D......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   ......J Rafiqur Rahman J Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents Judgment Ju..

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   ......ivision (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rah­man J Shaikh Keramat Ali..............................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents Judgment July 6,..

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

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 ......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 ......ated February 22, 1979 in Writ Petition No. 494 of 1978. 2. The appellant filed the Writ petition for declaration that the order dated April, 1978 passed by respondent No. 2 the Joint Secretary; Ministry of Land Administration and Land Reforms (Annexure J to the Writ petition) to have been made..

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

Mukhtar Ahmed Vs. Government of Bangladesh and others, 1979, 8 CLC

.... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29   ...... In the result, the rule is made absolute without any order as to costs. Shahabuddin Ahmed J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 29   ......nt Rafiqur Rahman J.— This Rule under Article 102 of the Constitution calls in question a Memorandum bearing No. 1286-1/mn/111, dated Dacca, the 5th October, 1977 issued from the Ministry of Home Affairs Immigration Branch 111, Government of the People's Republic of Banglade..

Category: Constitutional Law | Date: 7 Jun, 1979 | Hits: 1

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

..... 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   ......ice and as such he failed to submit a comprehensive reply to the said show cause notice. 9. The respondents confessed the Rule by filing an affidavit-in-opposition affirmed by a Section Officer, Ministry of Defence, Government of Bangladesh, controvert the statement made in the petition. It was..

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)

....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 ......nal Jurisdiction) Present: Abdur RahmanChowdhury J A.T.M. Afzal J M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board..........Petitioner Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another....... Respondents Judgment ..

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

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......therein. In the suit he claimed that the suit land consisting of commercial plot Nos. 1 and 2 of the Canton­ment of Chittagong then belonging to the Government of Pakistan and managed through the Ministry of Defence were leased out by auction for 30years to Ayaz Bahadur Khan respondent 1, being ..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

Secretary, Ministry of Industries, Nationalised Industries Division Vs. Bangladesh Textile Mills Corpo¬ration, 1979, 8 CLC (AD)

.... a direction "to do that which is required by law to do." In the result, therefore, both the petition are dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 91 ...... a direction "to do that which is required by law to do." In the result, therefore, both the petition are dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 91 ...... This Case is also Reported in: 1 BLD (AD) (1981) 91 ..

Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2

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

.... discharge of its functions on terms and conditions to be determined" by it. Terms and conditions of service as referred to, were to be determined by rules to be made by the PIA Corporation with prior approval of the Government and gazette notification. Mr. A.R. Yusuf, the learned Advocate who ......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

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       ......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       ...... without any lawful authority and of no legal effect. 2. The petitioner joined his service in July, 1961 as Thana Family Planning Officer. At the time the Family Planning was a department in the Ministry of Health of erstwhile province of East Pakistan, in 1966 East Pakistan Family Planning Boa..

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

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

....e through the petitions and we are satisfied that there are no fresh grounds on which the legality of the detention is challenged. All that the petitions say is that subsequent to the disposal of the prior petitions, this Court has in other cases taken a different view in similar circumstances. This......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. ......Present: M. A. Khaliq J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September ..

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