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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   ......mad, (2) A large number of Writ petitions were filed in the High Courts under Article, 201 of the Constitution of Pakistan, 1972 challenging the orders passed by the Government under the Removal from Service (Special Provisions), Regulations (Martial Law Regulations No. 58 of 1969 and 114 of 1972). ......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   ..

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

Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)

....) 8 ......High Court Divis­ion set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......High Court Divis­ion set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......High Court Divis­ion set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..

Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5

Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)

....1. Civil Appeal No. 117 of 1979 from C.R. No. 1696 of 1963 Judgment Ruhul Islam J. - This appeal by special leave arises from the judgment dated February 14, 1977 of the High Court of Bangladesh in Civil Revision Case No.1696 of 1968 in con­nection with the preemption case sectio......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4

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     ......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     ..

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

Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)

....; opposite parties Judgment January 23, 1980 Result: The rule is discharged. Case Referred to- Mohammad Nural Islam & others Vs. Government of the People Republic of Bangladesh & others, 1977 BSCR 32; Serajuddin Bepari & others Vs. Mizanur Rahman & other......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93.   ......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93.   ......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93.   ..

Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

....epted by the Labour Court which held that the application was maintainable and ordered the reinstatement of the employee concerned. Against this decision the appellant company moved the High Court of Bangladesh under Article 102 of the Constitution. The appellant company did not succeed before the H...... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ...... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ...... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)

.... Original Jurisdiction) Present: Chowdhury A. T.M. Masud J Abdul Malek J Mohammad Faizulla…………………Petitioner Vs. Govt. of Bangladesh…………………Respondent Syed Mohammad Huss......cretary to the former Government of West Pakistan. 33. Respondent Nos. 3 and 4 in Writ peti­tion No.528 of 1979 belonged to the erstwhile EPCS cadre and respondent No. 5 belonged to Ex-EPCS (Judicial) cadre, Respondent No. 6 (who is respondent No. 3 in Writ petition No. 527 of 1979) belonge....... Annexure 'D' to Writ Petitions is Estab­lishment Division Notification No. ED(IC) SII-6/78/5 dated 1st March. 1979 constituting a Senior Policy Pool to be the apex of the Cadre of Civil Service, 6. In Writ Petition No.527 of 1979 peti­tioner Mohammad Faizullah, Deputy Secretar......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..

Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1

General Manager, Bogra Cotton Spinning Co. Ltd. Vs. Chairman, Rajshaht Labour Court & another, 1979, 8 CLC (AD)

....of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ......of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ......of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ......of reinstatement was justified. In the result, therefore, both the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 329. ..

Category: Labour and Industrial Law | Date: 3 Sep, 1979 | Hits: 182

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....ahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh………..Respondents Judgment August 17, 1979. Result: ......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   ......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   ......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   ..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....rt High Court Division (Special Original Jurisdiction) Present: Shahabuddjn Ahmed J Rafiqur Rah­man J Kazi Abdul Wahab......................Petitioner Vs. Bangladesh, (through the Sec­retary, Ministry of Law and Parliamentary Affairs, Law Division)&he......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   ...... the Constitution will not be applicable in the case of the petitioner. The main question, therefore, is whether the petitioner is a person in Article 152 of the Constitution. 5. "Service of the Republic" means any service, post or office, whether in civil or military capaci......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

Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)

....—For the Respondents 2-5. Writ Petition No. 673 of 1978. Judgment Shahabnddin Ahmed J.- This rule is directed against an order dated 27.7.78 of respondent No. 5, Joint Secretary, Bangladesh Agricultural Development Corporation, briefly the Corporation communicating to the petiti......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ......action of the authorities. But suddenly he received the impugned order dated 27-7-78. Annexure "F" by which he was demoted to the post of Office Superintendent. According to the Corporation Service Regulation this is a major punishment by way of reduction in rank and as this punishment has......thout lawful authority and of no legal effect. There will be no order as to costs. Rafiqur Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 427   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2

Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)

....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ..

Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95

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   ......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

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

.... Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judgment July 6, 1979......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

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   ...... 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   ..

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

Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

....inal Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J M. A. Hai........................................Petitioner Vs. Trading Corpora­tion of Bangladesh…………...Respondent Judgment April 3, 1979. Resul......observed: “What these principles of natural justice are it is not possible to lay down with any exactness, for, they have been variously defined in various cases, as was pointed out by (he Judicial Committee in the case of the University of Ceylon Vs. Fernando, Tucker LJ. said in Russell ......d Appeal) Rules cannot be enforced by a Court in the cafe of violation of any terms and conditions of service of the Corporation's officers and employees. The Corporation has not yet made its own Service Rules in pursuance of the statute, the P.O. No. 68 of 1972. The position of the petitioner i...... 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

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

....T. M Masud J Muhammad Habibur Rahman J Md. Bokiotullah.........................Petitioner Vs. Chairman, Council of Cadet Colleges and Secretary Mi­nistry of Defence, Govt. of Bangladesh, Old High Court building, Dacca and 2 others.............Respondents Judgment M....... 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   ......m the fathers of those cadets in the matter of purchase of a house at an abnormally low price which amounts to misconduct and corruption as defined in rule 2(b) and (c) of the Cadet College Employees Service (Efficiency and Discipline) Rules, 1967. 4. The petitioner was directed to appear befor....... 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

M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another, 1979, 8 CLC (HCD)

.... (HCD) (1979) 339 ......but haying 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) 339 ......ent to note in this connection that the allegations made by the petitioner in this regard, in his petition have not been controverted by the respondents in their affidavits. Rule 46 of the Bangladesh Service Rules lays down as follows: “Where an efficiency bar in prescribed in a time scal......but haying 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) 339 ..

Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1