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Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....   ......ion that mandamus has never been issued only for declaring that act of a person is unlawful or for declaring the title of a person to an office has been overruled. Cases Referred to- Dacca, National Medical Institute Vs. Prov. of East Pakistan (1958) 10 DLR 343 and District Magistrate, Lah......1.7.80 was done without lawful authority. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 34   ......irst Assistant Judge, Hyderabad, W.P. (PLD 1960 Kar 826); Sabir Ahmed Chowdhury Vs. The Province of East Pakistan (PLD 1960 Dac 1025); M. A. Khaleq Vs. Pakistan (PLD 1957 Dac 437 (447) Lawyers Involved: Mainul Has sain, K Z. Alam, Md. Joynul Abedin, Advocates—For the Petiti..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....he Respondents. Writ Petition No. 448 of 1978 Judgment Syed Mohammed Husain J.- In the application under Article 102, of the Constitution, the petitioner has challenged decision of the Bangladesh Chemical industries Corporation dismissing the petitioner from the service of the Corpora......ntinued to act as the Factory Manager till such time when Aziz Match Factory was placed under Bangladesh Fertilizer, Chemical and Pharmaceutical Industries Corporation by a Notification issued by the Nationalised Industries Division of the Ministry of Industries of the Government of Bangladesh on 2n......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ......together. The petitioner being an employee of a corpo­ration set up under the authority of P.O. 27 of 1972 is an employee under the State to be called a State employee as such…....(6) Lawyers Involved: Md. Nurullah with Mahbubul Hue Advocates-For the Petitioner. Md. Khalilu..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....ppeal No.169 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 19, 1979. 3. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the ......d Distribution Company Ltd., did or did not maintain the corporate character of a limited company when, in 1972, it was nationalised under the provisions of the Bangla­desh Industrial Enterprise (Nationalisation) Order, 1972, (P.O. No. 27 of 1972) and placed under the corporation. The determinat......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 61 ......ellip;.Appellant Vs. Eastern Refinery Ltd. & Others…………….Respondents Judgment June 12, 1980. Result: The appeal is dismissed. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instruct­ed by A. Backkar, Advocate-on-R..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....t: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Kh. Ehteshamuddin Ahmed @ Iqbal…………… Appellant Vs. Bangladesh & Others…………….....................Respondent ......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107   ......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107   ......n. PLD 1963 SC 401; Muhammad Ayub Khuhro Vs. Pakistan, PLD 1960 SC 237; Mohammad Afzal Vs. Commissioner, Lahore Division. PLD 1963 SC 401; Zafrul Ahsan Vs. Republic of Pakistan, PLD 1960 SC 113. Lawyers Involved: M. H. Khondker, Sr. Advocate, with Khondker Mahbub Hossain, instructed by Ami..

Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3

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

....l Original Jurisdiction) Present: Syed Muhammad Hussain J Sultan Hossain Khan J Lt. Col. (retd) M.A. Mannan & others…………..Petitioners Vs. Bangladesh……………………………&h......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     ......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     ......te. Case Referred to- Abdul Hadi, Managing Partner, Hadi Broth­ers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed with Habibul Islam Bhuiya, Advocates-For the Petitioners ..

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

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

....sdiction) 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, 1979. Result: The rule i......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   ......Respondents Judgment July 6, 1979. Result: The rule is made absolute. Cases Referred to- Patna High Court, 50 Crl Law Journal, (1949) 47427 DIR., 34230 DLR (SC)-228 Lawyers Involved: Razzaque Rahman—For the petitioner. M.M. Hoque A.A.G.—For t..

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

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

....sion (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The ...... 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   .......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979. Result: The rule is made absolute. Lawyers Involved: M. I. Farooqui—For the petitioner. Kazi Shafiuddin Ahmed, A. A. G...

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

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

....Civil) Present: Kemaluddin Hossain CJ Badrul Holder Chowdhury J Talekhal Progressive Fisher­man Co-Operative Society Ltd…………Appellant Vs. Bangladesh & Others…………………Respondent Judgm......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   ......p;…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, Advocate, instructed by M.R. Khan, A..

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

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

...., Ministry of Industries, Nationalised Industries Division……..Appellant Vs. Saleh Ahmed & Another……………….Respondents And Bangladesh Textile Mills Corpo­ration……….. Appellant Vs. Saleh Ah......ported 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 ......o" Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd., (1947) 1 KB 130; Islamic Republic of Pakistan Vs. Mahmud Saved, PLD 1961 (SC) 192, distinguished. Lawyers Involved: K.A. Bakr, Attorney General, with A.W. Bhuiyan, Assistant Attorney General, I..

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

Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)

....ut having 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) 303 ......ut having 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) 303 ......ut having 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) 303 ..............Petitioner Vs. Mr. M. S. Khan, Addl. District Magistrate & others……....Respondents Judgment March 7, 1979. Result: The rule is discharged. Lawyers Involved: Syed Azizul Huq-For the Petitioner A. N.M. Yusuf, (President of Mukhtear..

Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3

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

....he Respondents (In both the petitions.) Writ Petition Nos. 444 and 447 of 1978. Judgment Shahabuddin Ahmed J.- These two applications under Article 102 of the Constitution of Bangladesh call in question a Notification dated the 21st April, 1978 of the Chief Election Commissi......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.   ......etitioner Vs. Election Commission of Bangla­desh and another.....Respondents (In Petition No.447 of 1978) Judgment May 31, 1978. Result: The prayer is rejected. Lawyers Involved: Dr. Aleem-Al-Razee, Ahmad Husain, Mohammdd Abdur Rouf—For the Petitione..

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

Md. Abdur Rasheed Vs.

....High Court Division (Civil Appellant Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Abdur Rasheed..............................Appellant Vs. Govt. of Bangladesh.............................Respondent Judgment December 2, 1977. Result: ......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.   ......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.   ......Vs. Mahtab Hussain (1977) 29 DLR (SC) 41; A.B.M. Habibur Rahman Vs. Director of Technical Education (19.69) 21 DLR (Dac) 274; Federation of Pakistan V. Raja Md. Afzal Khan (1959) 11 DLR (SC) 45. Lawyers Involved: M.G. Bhuiyan, Nurunnabi Khan—For the Appellant. Sultan Ahmad, Depu..

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

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

....J.—This Rule issued on an application under Article 98 of the late Constitution calls in question an order in appeal dated 17.3.71 of respondent No. 2 the Govern­ment the then Pakistan (now Bangladesh) and Demand Notices (Annexures F, B, B (1), C, E, G & H) for payment of evaded premiu......bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......etitioner Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents Judgment May 5, 1977. Result: The rule is made absolute in part. Lawyers Involved: M. Hafizullahfor H.K. Chowdhuary—For the petitioner. M. M. Huq, As..

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Ruhul Islam CJ AM Chowdhury J Abdur Rashid..................................................Petitioner Vs. Govt. of Bangladesh.........................................Respondents Judgment February 9, 1977.......partment of Civil Supplies under the Government of East Bengal and on deputation from the establishment of the Town Rationing Officer at Narayanganj he was taken in the 37th Battalion of the Pakistan National Guards and served therein from 26th February, 1951 to 31st January, 1952 and held the post ......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40.   ...... not be entitled to leave preparatory to retirement is bad in law and as such it cannot be sustained. The improved order minus the portion quoted above is found valid in law…….(13) Lawyers Involved: Syed Manzurul Ahsan—For the petitioner. Sultan Hossain Khan, Deput..

Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5

Eastern Hosiery Mills Sramik Bahumukhi Samabaya Samity Ltd Vs. Govt. of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)

....Petitioner (In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Sa­mity Ltd...Petitioner (In Writ Petition No. 22 of 1973.) Vs. Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases) Judgment April 28, 1975. ......e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ......e interpretation of the Constitution. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 674         ......ril 28, 1975. Result: Rules are discharged. Cases Referred to- Mian Fazal Din Vs. Lahore Improvement Trust, Lahore and another, (1969) 21 DLR S.C. 225 P.L.D. 1969 (S.C.) 223. Lawyers Involved: Mirza Golam Hafiz, with A.T. Chowdhury, Khademul Islam Chowdhuryr—For P..

Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

....   ......Supreme Court High Court Division (Special Original Jurisdiction) Present: Fazle Munim J S. M. Hussain J M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind…………Petitioner    &nbs......mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ......enable to defend oneself before any final penal action is taken……(22) Cases referred to: Durayappah Vs. Fernado, 1967(2) AELR 152; Wiseman Vs. Borneman, 1969(3) AELR 275. Lawyers involved: Khandaker Mahbubuddin Ahmed, with Pathan Shafiqur  Rhaman—For the ..

Category: Constitutional Law | Date: | Hits: 2

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

....lliyas……………………………………….Petitioner Vs. Government of the People's Khan Republic of Bangladesh………..Respondents Judgment July 26, 1978. Result: ......toration of possession the Director, Board of Accommodation, respondent No.2 and the Estate Officer, of the Director, Board of Accommodation let out the house to a new tenant. Chairman Officer of the National Foundation for Research to Human Resource Development, Respondent No.4. The Additional Depu......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. ......ioner Vs. Government of the People's Khan Republic of Bangladesh………..Respondents Judgment July 26, 1978. Result: The rule is made absolute. Lawyers Involved: A. Wahab-For the Petitioner. Syed J. R Mudassir Hussain, A. A.O-For the..

Category: Constitutional Law | Date: | Hits: 3

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....ecial Original Jurisdiction) Present: AHM ShamsuddinChoudhury J Gobinda Chandra Tagore J Advocate Manzill Murshid, Supreme Court Bar Association Building, Hall No. 2, P.S. Shahbag, Dhaka, Bangladesh And others…........................Petitioners Vs. Bangladesh, represented by The......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......ularly Known as GCHQ Case (1985 AC 374); Padfield Vs. Minister of Agriculture and Fisheries and Food (1968 AC 997); Breen Vs. Amalgamated Engineering Union (1971 2 QB 175); Packer Vs. Packer 1954. Lawyers Involved: Manzill Murshid, Advocate-For the Petitioners. A. B. M. Altaf Hossain, Deput..

Category: Constitutional Law | Date: | Hits: 413

Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....urt High Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Arfan Khan …………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......……………....Respondents Judgment July 15, 2012. Result: The Rule is discharged. Case Referred to- Government of Bangladesh and others Vs. Md. Tajul Islam, 49 DLR (AD) 175. Lawyers Involved: A. M. Aminuddin with Sk. Shafique Mahmud and Ms. Selina Akhter, Advocates-For t..

Category: Constitutional Law | Date: | Hits: 407

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....ial Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... 53; Shankar Gopal Chatterjee Vs. Additional Deputy Commissioner, Dhaka, 41 DLR 326; Jogesh Chandra Lodh Vs. Province of East Pakistan, 9 DLR; Mrs. Maleka Siraj Vs. Bangladesh, WP No.2713 of 2010. Lawyers Involved: D.H.M. Munir Uddin, Advocate, Rokanuddin Mahmud (In support of the Rule), Advoc..

Category: Constitutional Law | Date: | Hits: 642