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

....(Criminal Revisional Jurisdiction) Present: M. A. Khaliq J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….......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. ......q J Abdul Malek J Akram Hossain Mondal…………………..Petitioner Vs. Govt.of Bangladesh represented by the Secretary Ministry of Home Affairs and others……….Respondent Judgment September 26, 1978. Result: ......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)

....orted 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 ...... Chairman, 2nd Labour Court. Dacca dated 14-3-78 allowing an application under section 34 of the Industrial Relations Ordinance, 1969, briefly the Ordinance. 2. Perused the application and beard Mr. Anwarul Hoque Chowdhury, the learned Deputy Attorney General. Respondent No. 2, a cler...... 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

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

....2 of the Companies Act, 1913. Petitioner is the appellant and respondent No. 1 is the Company styled "Bengal Water Ways Ltd." formerly "Pak Water Ways Ltd”; respondent No. 2 Bangladesh Shilpa Rin Sangstha is the major creditor of the Company. 2. Case of the Petitioner ...... 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 ...... Abdul Matin Khan Chowdhury J Rahimuddin Ahmed………………………………..Petitioner Vs. Bengal Water Ways Ltd. and another ........................Respondents Judgment July 28, 1978. Result: ...... 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 ..

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)

....lliyas……………………………………….Petitioner Vs. Government of the People's Khan Republic of Bangladesh………..Respondents Judgment July 26, 1978. Result: ......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. ......1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Mohammadpur Housing Estate. As it appears from the record. He had completed construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Pla......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)

....A.G-For the Respondents. Writ Petion No. 81 of 1978. Judgment Shahabuddin Ahmed J.- This Rule was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling in question an order dated 29-12-77 passed by respondent No. 1, President, Summar......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 ......rt, Rangpur in M L.T.R. Case No. 132 of 1977 taking cognizance of an offence under section 406 of the Penal Code against this petitioner. 2. Heard the learned Advocates of both parties and perused the records, it appears that on a charge-sheet submitted  by the police a Magistrat......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)

.....G-For the Respondents. Writ Petition No. 81 of 1978. Judgment Shahabuddin Ahmed J. - This Rule was issued under Article 102 of the Constitution of e People's Republic of Bangladesh calling in question an order dated 29-12-77 passed by respondent No. 1, President, Summar......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 ......8. 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 illegally assumed Jurisdiction. Lawyers Involved: ......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)

.... ((Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 1978. Result: ......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   ......Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Anwarul Huq Khan ....................................Petitioner Vs. Govt. of Bangladesh and others..................Respondents Judgment July 19, 1978. Result: The rule......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)

....ention Mr. Chowdhury has referred to Annexure 'B' of the petition which is a Memorandum dated 30-12-74 issued from the office of the Deputy Custodian, Enemy Property (L&.B), Government of Bangladesh, Dacca. In this Memorandum the Deputy Custodian and Deputy Secretary clarified the positi......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 ......iginal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Keramat Ali Talukdar.....................................Petitioner Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano­ther……Respondents Judgment July 1......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 ..

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

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

.... 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. ......e 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)

....he applications are employees in the R.R. Textile Mills Ltd. of which the petitioner is the General Manager. This Mills is a nationalized industrial enterprise under the administrative control of the Bangladesh Textile Mills Corporation established under the President's Order No. 27 of 1972. The......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.     ......nts Judgment July 5, 1978. Result: Both the rules are made absolute. Lawyers Involved: K.A. Bakr, Attorney-General—For the Pe­titioner. Zamiruddin Sarker and Mozammel Hoque—For the Respondents. Writ Petition Nos. 252 and 194 of 1976 Judgm......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

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

....2. The petitioner Mr. A. K. Mojibur Rahman is a voter having his name registered as an "elector" in the Electoral Roll for Pre­sidential Election. Election to the office of President of Bangladesh as notified by the Chief Election Commissioner is going to be held on 3.6.78. It has been......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ......he Respondents. Wilt Petition No. 405 of 1978. Judgment Shahabuddin Ahmed J.- This application under Article 102 of the Constitution calls in question an order of the Returning Officer and Secretary, Election Commission (Respondent No.1) accepting the nomination papers submitted by re......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)

....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.   ......Election Commissioner & others.......Respondents (In Petition No. 444 of 1978) Moniruzzaman Lasker.............................Petitioner Vs. Election Commission of Bangla­desh and another.....Respondents (In Petition No.447 of 1978) Judgment May 31, 1978. Resul......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)

.... 1976. While the case was pending before the Special Tribunal it was transferred to the Special Martial Law Court No. If, Dacca, vide Notification No. 991-JIV/2T-17/76 dated 23-12-76 published in the Bangladesh Gazette, Extraordinary. 5. Thereafter the Special Marital Law Court was constituted ....... 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.   ......(SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; Anisminic Ltd, 1969 (2) Appeal Cases 147; Kefhabananda AIR (SC) 461; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 ....... 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)

....he schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been recorded in SA. Khatian No.1 in the name of the Deputy Commissioner. In this application Bangladesh has been impleaded as opposite party No.1 and Sailuddin Sardar, Golam Rabbani and Ramjan ......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   ...... This Case is also Reported in: 31 DLR (HCD) (1979) 421   ......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

Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)

....tificate Officer, Dacca and another, (1977) 29 DLR SC) 232, the erstwhile Supreme Court has laid down as follows:- “But in the late Constitution of Pakistan and also in the Constitution of Bangladesh the rule as to alternative remedy has been made a part of the positive law of the country......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, Uni­versity of Dacca and others....................Respondents Judgment April 13, 1978. Result: The R......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ..

Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3

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

....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.   ......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.   ...... Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas ......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)

....lip;……Appellant (Civil Appeal No.62 of 1978) Md. Ershad Ali Khan……………………Appellant (Civil Appeal No.78 of 1978) Vs. Bangladesh Bank & others……………………Responde......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. ......ed by Mian Abdul Gafur, Advocate-on-Record - For Appellant (In Civil Appeal 62 of 1978). Dr. Ahmed Hossain, Senior Advocate, ins­tructed by Aminul Huq, Advocate-on-Record - For Respondents 1 and 2 (In both the appeals). B. Hossain, Advocate-on-Record - For Res­pondent No.3 (In Civi......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

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

.... Court High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rah­man J A.Z. Rafique Ahmed..................Petitioner Vs. Bangladesh Council of Scien­tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, ......, 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   ......(Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rah­man J A.Z. Rafique Ahmed..................Petitioner Vs. Bangladesh Council of Scien­tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.……&hell......, 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)

....n Ahmed J M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment February 24, 19......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.   ...... M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment February 24, 1978. Re......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

Commissioner of Sales Tax, Chittagong Zone, Chittagong Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta¬gong, 1978, 7 CLC (HCD)

....t assessee under section 29 of the Sales Tax Act and the demand was rightly made by the Sales Tax Officer. The Assessee preferred a second appeal before the Income Tax Appellate Tribunal of Bangladesh, Dacca being S. T. A. No. 305 of 1968-69 (Assessment year 1962-63) and urged that the ass......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.   ..................Respondent Judgment February 17, 1978. Result: The application is rejected. Lawyers Involved: Mozammel Hoque Bhuiyan—For applicant. Rafiqul Haque and T. Islam—For Respondent. Application No. 169 of 1972. Judgment K. M. Subha......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