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Md. Abdur Rasheed Vs.

....s, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect and that he was still in service of the Government. 2. His case, in brief, is that he was appointed as Physical Education Teacher in Na......tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

..... Result: The appeal is allowed. Cases Referred to- Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatun Vs. Secretary, Revenue Department, Government of East Pakistan and others, (1968) 20 DLR (SC) 18; Mumtazuddin Ahmed Chowdhury Vs. Deput......e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)

....ra (Crescent with a device of horse and stars). From 29.5.73 to 17.6.74 the defendant's Match Factory was under the Bangladesh Fertilizer, Chemical and Pharmaceutical Corporation. On 19.11.74 the Government of Bangladesh released the concern in favor of M/s. M. M. Ispahani the defendant's Ch...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244.   ..

Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

.... the Appellant. Abdur Rashid Gazi—For the Respondent. Appeal from Original Order No. 356 of 1976 Judgment Siddique Ahmed Chowdhury J.-This appeal is at the instance of the Government against the Judgment and award dated 17-4-75 passed by the learned Subordinate Judge and ......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349.   ..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....sion and for mandatory injunction. The case of the plaintiff, as set out in the plaint, is that the suit land, plots Nos. 1 and 2 of the Old Cantonment at Chittagong belonged to defendant No. 3, the- Government of Bangladesh in the Ministry of Defense. It was put to public- auction in which defendan......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

.....76. 4. Amongst the 4 respondents only the Chairman. Chittagong Pourashava contested the rule by filing affidavit. Neither the Commissioner, Chittagong Division as controlling authority, not the Government of Bangladesh contested the Rule. 5. In the affidavit in opposition respdt. No. 1 to......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

.... Result: The Rules are discharged. Cases Referred To- Abdur Rahman Vs. Govt. of East Pakistan (1967) 19 DLR 748; Kalipada Hazara Vs. Govt. of Bangladesh (Criminal Misc. Case No. 69/77; Government of West Pakistan Vs. Begum Abdul Karim, (1969) 21 D.L.R. (S.C.) 1; Ghulam Jilani, (1967);......beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

.... "A record of rights has been described by Sir Henry Maine as a detailed statement of all rights in land drawn up pe­riodically by the functionaries employed in setting the claims of the Government to its shares of the rental........ Though it does not create a title, it gives ris......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

.... J Abdus Saleque……………………………………..Petitioner Vs. Secretary, Establishment Di­vision, Government of the People's Republic of Bangladesh and others..........................................de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

....8 of Mr. Kaiser Ali, Additional District Judge and Arbitrator Dacca, in Arbitration Case No. 42 of 1966 under section 93A of the Town Improvement Act, 1953 briefly the T.I. Act. 2. The Government of Bangladesh is the appellant before us. Facts of the case, so far necessary for disposa...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....ting forth the necessary parti­culars. Sub-section (2) of section 173 lays down that where a superior police officer has been appointed under section 158 the report shall, in any case in which the Government so directs, be submitted through that officer who may, pending the orders of the Magistr......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J M. A. Khalilullah and Abdul Hakim..............................Petitioner Vs. Government of Bangla­desh and others.......................Respondents Judgment June ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....rent rulings of the Superior Courts of the country. 6. Only question for our consideration in these applications is as to whether Election Tribunal constituted under section 27 of the Local Government Ordinance, 1976 is "Civil Court" and as such, is competent to grant temporary i......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)

....ature of khal and was recorded in the C.S. khatian as khal, it became cultivable in course of time by gradual accumulation of sands. The landlord possessed the same through bargadars. Thereafter, the Government stepped into the shoes of ex-landlords and by virtue of State Acquisition and Tenancy Act...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 2

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

....he exercise of our jurisdiction under section 115 of the Code, which is discretionary, with the order passed by the learned Subordinate Judge. A suit was filed by the plaintiff-petitioner against the Government for declaration of their tenancy right over the suit land measuring 810.86 acres. The onl...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....sp;2 which provides, amongst others, "such agreement is in writing, has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to Provincial Government the Conciliator and such other person as may be prescribed". In this view of the mat......ithout lawful authority and is of no legal effect. We make no order as to costs. Muhammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 141. ..

Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....ed by the learned Magistrate on 12. 5. 69. The matter was heard by the learned Additional or Sessions Judge of the 1st Court, Dacca, who, however, rejected the revisional application preferred by the Government. Subsequent to that the Assistant Collector of Customs of Excise, Division I passed an or......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....1, 1977. Result: The Rule is made absolute. Cases Referred To- Ghulam Jillani and Govt. of West Pakistan Vs. Begum A.K. Abdul Karim,(1967)19 DLR (SC) 403; Liversidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....-This Rule under Article 102 of the Constitution calls in question an order dated 20.7.74 (Annexure C) of respondent No.1, the General Manager, Khulna Shipyard Ltd. made in pursuance of the Government Notification No. NID 37/73/958 dated 19-12-73 fixing wages and fringe benefits of workers......sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....ondents 5 to 7 rejecting the prayer of the petitioner, without however assigning any reason. This order was challenged in an appeal which was disposed of by the Additional Custodian on the basis of a Government Circular Instruction. The instruction was that in leasing out enemy property preference s......ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2