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Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....IR 1949 Mad 307; Mohammad Abul Vs. Fakir Janan Begum, 49 JA 195; Gani Mia & other Vs. Wazid Ali, 39 CWN 882 s McEvoy Vs. The Belfast Banking Company Ltd., 1935 AC 24. Lawyers Involved: Khandoker,Mahbubuddini Ahmed with Md. Shafiqur Rahman, Advocates- For the Appellants. Fakir Abdu......n favour of the plaintiffs. The plaintiffs further alleged that on 14-11-68 late Abdur Rahman Chowdhury (hereinafter referred to as the donor) had a sudden heart attack of which he survived. After recovery from the heart attack the donor in presence of witnesses, namely, Messrs Khurshed Ali Choudhur...... 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
....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
......
RafiqurRahmaa J
Abdul Hakim………………………....Petitioner
Vs.
Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
......and the authority concerned cannot treat each and every property as an abandoned property and this power cannot be exercised for all time arbitrarily. It was an emergency legislation for the control, management and disposal of certain properties necessitated by the situations then prevailing in the ..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....e of the Republic" add the petitioner is a full fledged Government Servant or a person holding a Civil post in the service of the Republic.
7. The learned Attorney-General has, on the other hand, contended that a Law Officer, such as the petitioner, is appointed to conduct cases of the Gov......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, Government, of Bangladesh, represented by the Secretary. Ministry of Law and Parliamentary Affairs, r......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
....contention Mr. Rahman has relied upon a decision of the Patna High Court, 50 Crl Law Journal, (1949) 474 and also a decision of this Court in a case reported in 27 DLR, 342. Mr. M.M. Hoq on the other hand, has made strenuous efforts to support the intended enquiry taking the ground that it is not a ......strate for enquiry under Chapter XVIII of the Criminal Procedure Code. One of the accused namely, Hashan Mir, respondent No.6, sent a letter dated 24 9.77 to the Secretary, Ministry of Home Affairs, Government of Bangladesh bringing a counter allegation that the murder in question was actually commi......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
..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....examine the witnesses examined against him in his absence and that he was also not heard in person. Mr. H.K. Abdul Hye, the learned Advocate appearing for the respondent Corporation has, on the other hand, referred to the record of the case and pointed out that the petitioner was given as many as 3 ...... committed through a big opening or gap above the door of the godown, and that the petitioner, who was in charge of the godown, had neglected his duty in the normal course of his work to get the gap covered up or repaired. The Enquiry Officer recommended a minor punishment but the authorities while ...... 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
....se notice submitted his reply on 2nd November, 1976, wherein he elaborately stated that at time of admission of the two Cadets along with other normal procedure was followed and that he had no direct hand in the matter with the admission of the two Cadets. He further stated that due care was taken a......dure was followed and that he had no direct hand in the matter with the admission of the two Cadets. He further stated that due care was taken and that there might have been some bona tide mistake or over sight and there was no dishonest intention or ill motive. The petitioner further stated that th.......
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
....' Writ Petition being No. 112 of 1974 and the Rule was issued on 5.3.74. It was stated that during the pendency of the said writ petition in pursuance of the Government decision to release/return/hand-over the specialised textile mills to the Bangalee shareholders/owners, the Bangladesh Textile ......ellip;……………………..Respondents
Judgment
March 9, 1979
Result:
Both the petitions are dismissed.
No lack of power of the Government to make the promise—Government bound by the promise.
Government took the decisi......filed an application under Article 102 (1) (a) (i) of the Constitution against the Government and other proforma-respondents for giving effect to the order of release and to deliver possession of the management of the Mohammad! Calendering & Printing Mills Ltd. in favour of the petitioner. It wa..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
....; on the contrary, the application was contested and was disposed of on merits and as such the petitioner is debarred from raising the question of jurisdiction at this stage. Mr. Hossain on the other hand had contended that when the statute debars respondent No. 1 from filing an application under se...... without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ...... without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....General has tried to defend the impugned order of the Respondent taking the ground that the petitioner was not dismissed or removed from service but his services were terminated as he was a temporary hand and as such the termination did not amount to dismissal or removal as referred to in Article&nb...... Judgment Shahabuddin Ahmed J.- This Rule under Article 98 of the Constitution of 1962 was issued calling in question an order of the respondent, Director of Technical Education, Government of the then East Pakistan, now Government of Bangladesh, terminating the petitioner's ......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
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....nor was considered by the Court in the said writ petition No. 357 of 1977. The Appellate Division of the Supreme Court of Bangladesh in the case of Krishna Gopal Bhowmick on behalf of the detenu Nim Chandra Bhowmick Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh in Crim. Appeal No...... He contended that the Emergency Powers Rules, 1975 as it originally stood did not "provide for communication of grounds of detention to the detenu to enable him to submit representation to the Government or for production of the detenu before the Advisory Board. The Emergency Powers Rules was ......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)
.... All, ER, 145. Ch. Div.; Focus Advertising Private Ltd. Vs. Ahoora Blocks Private Ltd. Company Cases, 1975, 534; 1965(2) All. ER 761(1961) 439; AIR (1971) SC 26,000. Lawyers Involved: M.H. Khandker, Abu Bakkar- For Petitioner. Asrarul Hossain-For Respondent No. 1, ......arrying on Water Transport business. After the death of his father in October, I960 the appellant and other heirs of his father entered into an Agreement for forming a private limited Company to take over the business of the partnership firm and in pursuance of this Agreement this Company, Pak Water......siness might not honour his undertaking gave direction upon him to call the defaulted annual meetings, submit profit and loss accounts of the Company and to allow the petitioner to participate in its management. But these undertakings were not at all honoured; none of the defaulted General Meeting w..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....l Vs. Kabir Ahmed (1970) 22 DLR 231. In that case the party was present in Court with witnesses on the date of hearing. The learned Magistrate did not record the evidence of the witness. On the other hand, he dropped the proceeding on the ground that the case was pending from 1965 and that the parti......rty opposite-party stating that he has been in possession of the land mentioned in the petition and that he grew paddy therein and that there has been apprehension of breach of peace by the 2nd party over the possession of the disputed land and harvesting of paddy there from. The 1st party, therefor......e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....n void and declared respondent No. 2, the nearest rival candidate; as the duty elected Chairman. Being dissatisfied with this order the petitioner moved this Court and obtained the rule. 3. Mr. Khandker Mahbubuddin Ahmed, the learned Advocate, appearing in support of the rule has contended that......te. Tahsilder of Vested and Non resident Property Cell is not a public servant holding whole-time office of profit so as to come within the mischief of Article 9 (2)(e) of the Local Government Ordinance and thereby disqualified to become Chairman. Lawyers Involved: Khondke......es for the same office, on the ground that the petitioner held a whole time office of profit under the Government in that he was a Tahsilder in respect of Vested and Non-Resident Properties under the management of the Additional Deputy Commissioner, Barisal and as such was disqualified for election ..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......the Mill authorities powers to give any promotion or financial benefits to employees of the Mills and has hit the Manager's orders giving these promotions and benefits, and the other is that the Government of Bangladesh, by an order dated 27-3-72, cancelled all promotions, increments and allowan......nd to give them promotion, increment, leave uncontrolled by any third party like the Govt. or the Corporation. On these findings the learned Labor Court allowed both the applications and directed the management to "restore the promotions and increments" wrongly cancelled earlier. The Gener..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
.... learned brother and it is not necessary to go into those, section 510 of the Code of Criminal Procedure reads as follows:- “510. Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government, upon any matter or t......sp;510 of the Code of Criminal Procedure reads as follows:- “510. Any document purporting to be a report under the hand of any Chemical Examiner or Assistant Chemical Examiner to the Government, upon any matter or thing duly submitted to him for examination or analysis and report in ......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)
....anda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 (SC) 92; Kangeshari Haldar AIR 1960 (SC)457. Lawyers Involved: Serajul Huq, Amir Hossain Khandkar, Zakir Ahmed, Suranjit Sen Gupta, Sohrab Hossain and Kazi Shahabuddin Ahmed—For the Pe......l election, vide Proclamation dated 8th November, 1975 which is to be read with deeming clause "to be a part of the Proclamation of the 20th August, 1975". Mr. Huq has argued if this is the overt policy of Proclamation of Martial Law which was done by the Proclaimed on 20th August, 1975 wh....... 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
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....s, by an amicable partition amongst themselves and pro-defendants, were possessing the same; that during the last C.S. operation Jasmat Sardar was possessing the suit land as a bargadar under Girish Chandra and others, the plaintiffs' predecessors, on delivering half of the produce of the land f......Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the suit land by evicting the defendants. The plaintiffs' case, in s......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....terpretation of Regulation 12(ii) of the Bank's Staff Regulation. Contention of the appellants is that Regulation 12(ii) is not applicable to a permanent staff of the Bank, but, on the other hand, respondent's contention is that there is hardly any scope for advancing argument that......ass-I and above, and on giving him one month's notice or pay in lieu thereof if he is an employee of any other class. Power to determine the service of an employee shall be exercised by the Governor with the prior approval of the Central Board in the case, of an Officer in Class-I and ......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
...., 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
...... Paul at the very outset raised a question of maintainability of this application under Article 102 of the Constitution contending-that the 'Council' is neither a department of the Government of Bangladesh nor is it a statutory corporation or a local authority and as such it is not......der 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 the Government with, the control or management of a municipal or local fund or any corporation or other body or authority constituted or..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
....earned Advocate, are those which are required for the purpose of creating an article from its raw material stage to the finished product.
7. Mr. Rafiqul Haque, the learned Advocate, on the other hand, appearing, on behalf of the assessee, has submitted that a notice by a Sales Tax Officer under......after the expiration of two years and further held that, section 29 of the Sales Tax Act has no application in the facts of the present case. It was also held that the imported article was covered by the exemption, notification dated 5.12.1962.
The question of law which arose out of t......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
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