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

..... 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. ......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

Govt of Bangladesh Vs. The Chairman 2nd Labour Court, Dakha, 1978, 7 CLC (HCD)

.... 3. Mr. Anwarul Haque Chowdhury has contended that the respondent No. 2 is not a worker under the Employment of Labour (Standing Orders) Act, 1965 since this Act is not applicable to employees of a Government-managed industry who are subject to Government Servants' Conduct Rules. Respondent No...... override the earlier Statute. We find no illegally in the impugned order under the Ordinance. The application is summarily rejected. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 62 ...... override the earlier Statute. We find no illegally in the impugned order under the Ordinance. The application is summarily rejected. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 62 ..

Category: Labour and Industrial Law | Date: 31 Jul, 1978 | Hits: 4

Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)

....sp; Abdul Matin Chowdhury J Hazi Md. lliyas……………………………………….Petitioner Vs. Government of the People's Khan Republic of Bangladesh………..Respondents ......d construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk, 3000/ per month; but the Additional Deputy Commissioner, Dacca by his order dated 6-3-......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ..

Category: Property Law | Date: 26 Jul, 1978 | Hits: 2

Atiqur Rabman on behalf of detenu Md. Abdul Wahab Vs. Anwar Hossain Chowdhury & others, 1978, 7 CLC (HCD)

.... The rule made absolute. A Martial Law Court will take cognizance only on a police report. A case from an ordinary criminal court could be transferred to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No.1 of 1975….(3) Lawyers Involved: Abdur......ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ..

Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2

Atiqur Rabman on behalf of detenu Md. Abdul Wahab Vs. Anwar Hossain Chowdhury & ors, 1978, 7 CLC (HCD)

....;….....Respondent Judgment July 20, 1978. Result: The Rule made absolute. A case from an ordinary criminal court could be transfered to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No. 1 of 1975 and that the Summary Military Court also ill......ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ......ourt to proceed with the G R Case in question according to law. No Order as to costs. A. M. Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 82 ..

Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3

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

....A.G.- For the Respondents. Writ Petition No.323 of 1976. Judgment Shahabtiddin Ahmed J.- This rule under Article 102 of the Constitution calls in question three orders of the Government of Bangladesh Respondent No. 1, communicated by the Secretary, Establishment Division, Re......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)

....ute. 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: Khondk......is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......sted and Non-Resident Property Cell under the administrative control of. the Additional Dy. Commissioner (Revenue); he has been appointed by the Addl. Dy. Commissioner for collecting, rents and other dues of vested and nonresident property and that his remuneration is 10% of his total collection; as..

Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5

Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC

....referred to the case of Jamila Khatun Chpudhury Vs. Mahamud Khatun Choudhury, AIR 1918 Cal. 192. In that case the defendant, a mortgagee in possession of a share in a taluk, had undertaken to pay the Government revenue, but made default in payment of the revenue, and the taluk was sold for arrears o...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71   ...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71   ..

Category: Property Law | Date: 14 Jul, 1978 | Hits: 11

Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

....Referred To- Union of India V.T.R Varma, AIR 1957 (SC) 882 (885); State of Mysore and oth­ers Vs. Shivabasappa Makapur, AIR 1963 (SC) 375 (377); Board of Education Vs. Rice, 1911 AD 179 (182); Government Board Vs. Arlidge 1915 AC 120; Abdul Kashem Vs. Bangladesh, (C A. No. 138 of 1977). ......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. ......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

R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)

.... 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 allowa......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.     ......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.     ..

Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3

Abdul Majid Howladar Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others, 1978, 7 CLC (HCD)

....to defendant No. 1 and the plaintiff procured the same from defendants. Nos. 2 and 3 through Moslem Ali. Defendant No. 1 got the suit land recorded in his name inspite of objection by Moslem Ali. The Government acquired some of the excess lands of defendant No. 1 including the suit land,-but defenda......n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ......n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ..

Category: Property Law | Date: 14 Jun, 1978 | Hits: 2

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

....bsp;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.     ......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

A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)

.... a person subject to military law to seeking any election, such as the Presidential election. But this bar is found to have been withdrawn by an amendment in Regulation No.293 (A brought about by the Government of Bangladeshby an order dated 28-4-78 (Annexure-B) publish­ed in the Bangladesh Gaze......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ..

Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....er Mostaque Ahmed did not enter upon the office of President on 15.8.75 according to the provisions of the Constitution in the wake of an abrupt change of government J he took over full powers of the Government in a manner not contemplated in the Constitution. The source and basis of his powers and ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ..

Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3

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

....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 while seizing the full power of the Government with the help and mercy of the Almighty Allah and relying upon blessings of the people th....... 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)

....Amin have been impleaded as opposite parties 2 to 4 (proforma) The allegations made in the petition are that the land id question originally belonged to Roy Harendra Nath and others in khas under the Government and the petitioner Ruhul Arnin and his three other brothers took settlement of Plot No. 2......the land id question originally belonged to Roy Harendra Nath and others in khas under the Government and the petitioner Ruhul Arnin and his three other brothers took settlement of Plot No. 2394 at a rental of Rs. 90-8 annas in 1332 B S. and continued to possess the same along with other lands. The ......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

Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)

....ants, 3, 4 and 5 preferred an appeal, under section 19(2) of the said Act, and the land was again in their names. Ext. C is the certified copy of that judgment of the appellate officer. The Government also collected rent from the defendant No. 4 vide Ext. B Defendant's categorical stat......he other side. If is certainly not a conclusive proof.” 9. The C.S. Khatian recorded Jasmat Sardar as a borgadar as well as a rayoti sthitiban under Girish Chandra Majumdar and others at a rental of half of the produces inclusive of cess. The learned Subordinate Judge has found that Jasma......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

Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)

....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311.   ......that Ext. B does not speak of any rent and the advance of Rs.100/00 ought to be held as a loan. I do not find any substance in this contention. P. W. I himself stated in cross-examination that annual rental was fixed at Rs.5/-. 15. I find no error of law or defect in procedure to interfere with......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311.   ..

Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1

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

..... 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 no......, 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   ......, 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

Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....r retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the Commissione......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426.   ......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426.   ..

Category: Property Law | Date: 24 Feb, 1978 | Hits: 2