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Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....ave to appeal is directed against the judgment and order passed by the High Court Division in Writ Petition No. 519 of 1978. 2. The petitioner in the Writ Petition had challenged an order of the Government of Bangladesh challenging Memo. No.IMA-281/77/639—J.M. dated 20.5.78 making settle&......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 ..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
....hellip;……………………..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 decis...... 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
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
.... 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 ......Section 34 of the same. Respondent No. 1 was a Supervisor in the employment of the petitioner, Sonali Bank at the relevant time and on certain allegation of misconduct he was dismissed from service by the petitioner after a domestic enquiry. He had challenged the order of dismissal under s..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
....he Rule.
The only ground urged by Mr. Razzak Rahman, the learned Advocate appearing for the Bangladesh Railway Board was that the respondent worker having not taken the oath of allegiance to the Government of Bangladesh after the liberation of the country, cannot be deemed to be an employee und......original of which was produced before us, in Court. Be that as it may, it is not disputed that the petitioner remained under suspension since 27.10.69 and there was nothing on record to show that the service of the petitioner was terminated at any point of time after the liberation of Bangladesh. On..
Category: Labour and Industrial Law | Date: 22 Feb, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
..... 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......f 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 service. The Petitioner was appointed as a Teacher Trainee Instructor (Technical) purely on tem..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....y three months notice, one has been suppressed by a junior officer and remaining two have made a grievance that two years ante-dated seniority has been given to some junior officers in pursuance of a Government Memorandum dated 18.3.78 on the ground that the said seniority has been given in recognit......Pakistan International Airlines Corporation, briefly, the PIAC, Prior to the independence of Bangladesh from Pakistan in December, 1971. They were absorbed in the Corporation with continuity of their service. But two of them have been terminated by three months notice, one has been suppressed by a j..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
....both parties. Mr. M.B. Rahman, the learned Advocate for the petitioner has, alleged that the order of requisition is out and out mala fide and that it is "unjustified" as pointed out by the Government themselves in their order dated 7.1.78 (Annexure 'D').
2. It appears that th......in a matter subjudice. He has tried to explain that the Additional Commissioner could not deliver judgment because of preoccupation and that the Additional Commissioner, in the meantime, retired from service.
4. Whatever may be the reason for undue delay in disposing of such a simple matter, wh..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)
....Result: The Rule is made absolute. Protection of Article 135 of the Constitution Article 135 of the Constitution of Bangladesh protects both permanent and temporary Government servants. A show cause notice and a reasonable opportunity shall be provided to a se...... 135 of the Constitution of Bangladesh protects both permanent and temporary Government servants. A show cause notice and a reasonable opportunity shall be provided to a servant in the service of the Republic charged with any allegation if he is sought to be dismissed removed or reduc..Category: Administrative Law, Employment/Service Law | Date: 12 Jan, 1979 | Hits: 1
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....r started an investigation in pursuance of which the petitioner was placed trader suspension on 23-9-70 In 1971, the petitioner joined the liberation movement and after independence he applied to the Government of Bangladesh for withdrawal of the said order of suspension . The Government of Banglade......ued calling upon the respondents to show cause why the order dated 24-11-77 contained in Annexure 'J' and Memo dated 8-11-77 contained to Annexure 'J' removing the petitioner from his service should not be declared to have been passed without any lawful authority and of no legal effe..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ......ed and the judgment of the High Court Division is set aside and that of the Tribunal is restored. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 331. ..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
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. ..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......puty Attorney General. Respondent No. 2, a clerk of the Postal Department was placed under suspension on certain allegations and a proceedings has been going on against him. Admittedly he is still in service. He filed an application under section 34 of the Ordinance, claiming a near wages ..Category: Labour and Industrial Law | Date: 31 Jul, 1978 | Hits: 4
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... since its entire assets will be consumed by the creditor whose wishes should be considered; in the interest of the general public the Company should be allowed to continue as it is rendering utility services; the difference of views between the two brothers will now be resolved by their mother who ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
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 ......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
....
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
..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....;….....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
..
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......n the Central Superior Services Examination in 1954 and was appointed to the post of Income Tax Officer Class 1 in the erstwhile Pakistan Taxation Service. He was promoted to the senior scale of that service in the early sixties and in consideration of his meritorious service he was appointed in the..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...... election as, or for being a, Chairman or an elected member of a Union Parishad or an elected member of a Zilla Parishad if ............. (e) he holds any whole time office of profit in the service of the Republic or of the Union Parishad or Zilla Parishad concerned or of any other local a..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 ..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). ......0/- only. The property, it was alleged in the charge, was purchased with the money beyond the known sources of his income. The respondent was asked to show cause why he should not be dismissed from service and why the said property would not be confiscated under Article 6 the President's Order No...Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
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