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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......sion (Special Original Jurisdiction) Present: Chowdhury A. T.M. Masud J Abdul Malek J Mohammad Faizulla…………………Petitioner Vs. Govt. of Bangladesh…………………Respondent ......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 ......) 36 ; Nagnooor v: State of Mysore, AIR 1964 May, 229; In re Delhi Laws Act, 191Z AIR 1951 (SC) 332; K.K. Panni Vs. Province of East Pakistan, PLD 1971 SC 82. Lawyers Involved: Syed Ishtiaq Ahmed with S.A. Latif, Abdul Rah Chowdhury and Rabia Bhuiya, Advocates-For the Petitioners. K.A..

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

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......ourt Division (Civil Appellate Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hqssain Khan J Alhaj Aklima Khatun & another………. Appellants Vs. Shah Alam & another…………………Respondents ...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......mad Abul Vs. Fakir Janan Begum, 49 JA 195; Gani Mia & other Vs. Wazid Ali, 39 CWN 882 s McEvoy Vs. The Belfast Banking Company Ltd., 1935 AC 24. Lawyers Involved: Khandoker,Mahbubuddini Ahmed with Md. Shafiqur Rahman, Advocates- For the Appellants. Fakir Abdul Mannan with Bazlur R..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

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: ......(Special Original Jurisdiction) Present: Shahabuddin Ahmed J RafiqurRahmaa J Abdul Hakim………………………....Petitioner Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh&helli......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 ......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......preme Court 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 Div......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 ...... 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...... Shahabuddin Ahmed J Rafiqur Rahman J Kazi Ali Noor………………………………………..Petitioner Vs. Secretary, Ministry of Agriculture and others………….Respondents ......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 ...... 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

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......t High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Shaikh Keramat Ali..............................Petitioner Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others......Respondents J......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 ...... 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......ivil) Present: Kemaluddin Hossain CJ Rubul Islam J KM. Subban J Lutfu Mia……………………......................Appellant Vs. Government of Bangladesh & Others………….Respondents Judg......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 ......dash; Authority must exercise the power reasonably— Arbitrary exercise of the power without proper application of mind cannot be sustained….. (6) Lawyers Involved: Syed Ishtiaq Ahmed, Sr. Advocate, with Mahmudul Islam, Advocate, instructed by Abu Backkar, Advocate, on Record-F..

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 ......rt High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Rafiqur Rahman J Mukhtar Ahmed.......................................Petitioner Vs. Government of Bangladesh and others............Respondents Judgment June 7, 1979....... 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 ...... 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. ...... (Civil Revisional Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Serajul Mostafa………………… petitioner Vs. Ali Ahmed Sikder & others………… opposite parties Ju......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. ......evisional Jurisdiction) Present: Abdul Wadud Chowdhury J Sultan Hossain Khan J Serajul Mostafa………………… petitioner Vs. Ali Ahmed Sikder & others………… opposite parties Judgment A..

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......igh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J M. A. Hai........................................Petitioner Vs. Trading Corporation of Bangladesh…………...Respondent Ju...... 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 ...... 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...... High Court Division (Special Original Jurisdiction) Present: Chowdhury A.T. M Masud J Muhammad Habibur Rahman J Md. Bokiotullah.........................Petitioner Vs. Chairman, Council of Cadet Colleges and Secretary Ministry of Defence, Govt. of Bangla....... 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 ...... Result: The Rule is made absolute. Cases Referred to- A.T.R. 1969 (SC) 130; AIR 1964 S.C. 364; 30 DLR 144 Lawyers Involved: Asrarul Hossain, Latifur Rihman and A M. Nuruddn Ahmed— For the Petitioner. Anwarul Huq Chowdhury, D.A G., and M.M. Huq, A A.G.—For ..

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 ...... (Special Original Jurisdiction) Present: Abdur RahmanChowdhury J A.T.M. Afzal J M. A. Rashid, Assistant Engineer, Bangladesh Water Development Board..........Petitioner Vs. Secretary, Ministry of Power, Water Resources and Flood Control and another....... Responde......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 ......red to- Shamlal Vs. Uttar Pradesh and another reported in A.I.R. 1954 (SC) 369; Abdul Karim Vs. Province of East Pakistan (1960) 12 DLR (SC) 295. Lawyers Involved: Khondker Mahbubuddin Ahmed—For the Petitioner. Anwarul Hague Chowdhury, D.A.G.- For Respondent No.1. Tofa..

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

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

.... the matter are as follows: The appellant Abdus Sobhan filed Civil Appeal No.9 of 1978 against the judgment and decree dated August 18, 1977 passed by a Division Bench of the High Court of Bangladesh in First Appeal Nos. 16 and 17 of 1977 reversing those passed by the Subordinate Judge, 3......in Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Abdus Subhan Contemner…………………Appellant Vs. Ayaz Bahadur Khan & others…………………&hell......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)

....ip;…………Petitioner (In Writ Petition No. 674 of 1977) M/S. Thaiwaree Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Respondents (In all the c......lip;……………Petitioner (In Writ Petition No. 674 of 1977) M/S. Thaiwaree Industries Ltd……….Petitioner (In Writ Petition No.850 of 1977). Vs. Bangladesh and others……………….Respondents (In ......out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256 ...... agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256 ..

Category: Fiscal/Taxation Law | Date: 15 Mar, 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......n (Civil) Present: Kemaluddin Hossain CJ Badrul Holder Chowdhury J Talekhal Progressive Fisherman Co-Operative Society Ltd…………Appellant Vs. Bangladesh & Others…………………Respondent ......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 ..

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

Nuru Bepari alias Nurul Islam Bepari and others alias Habib Howlader Vs. State and another, 1979, 8 CLC (HCD)

.... accordingly discharged. The order staying proceedings of the case is vacated. A.T.M. Masud J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 241. ......sional Jurisdiction) Present: Chowdhury A.T.M. Masud J Md. Habibur Rahman J Nuru Bepari alias Nurul Islam Bepari and others alias Habib Howlader..…….Petitioners Vs. State and another……………………Opposite p...... accordingly discharged. The order staying proceedings of the case is vacated. A.T.M. Masud J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 241. ......hellip;Opposite parties Judgment March 9, 1979. Result: The rule is accordingly discharged. Cases Referred to- Dost Mohammad Vs. The State, (1977) 29 DCR 122; Salimuddin Ahmed Vs. The State (1976) 28 DLR 187; Md. Kalu Bhuya Vs. Special Tribunal (1978) 30 DLR 124;Falak S..

Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1

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......Division (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Secretary, Ministry of Industries, Nationalised Industries Division……..Appellant Vs. Saleh Ahmed & Another……………….Respondents ...... 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 ......(Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Secretary, Ministry of Industries, Nationalised Industries Division……..Appellant Vs. Saleh Ahmed & Another……………….Respondents And Bangla..

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 ......cial Original Jurisdiction) Present: Abdur RahmanChowdhury J A.T.M. Afzal J Shamsuddin Hyder…………………................Petitioner Vs. Mr. M. S. Khan, Addl. District Magistrate & others……....Respondents ......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 ......9;A' purporting to be the true copy of a certificate issued by the District Judge, Dacca certifying' that the petitioner was a holder of clerkship card for 1965-66 and was attached to Mr. Ali Ahmed Mukhiear. Annexure 'B' however shows that the petitioner was a registered clerk of Mr...

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

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 ...... High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Sonali Bank and others......................Petitioners Vs. Abdul Barek Sarder & another..............Respondents Judgment March 7, 1979....... 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 ...... agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ..

Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1

Chairman, Bangladesh Rly. Board, Chittagong Vs. Chairman, Second labour Court, Dacca and another, 1979, 8 CLC (HCD)

....(HCD) (1979) 338. ......al Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M Afzal J Chairman, Bangladesh Rly. Board, Chittagong…………………Petitioner Vs. Chairman, Second labour Court, Dacca and another…………....Respond......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) 338. ......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) 338. ..

Category: Labour and Industrial Law | Date: 22 Feb, 1979 | Hits: 1

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