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....pondents.
Writ Petition No. 159 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question the legality of a notice dated 15.11.77 (Annexure-F) of the Chairman, Baintala Union Parishad, under P.S. Ramphal, District K......the Respondents.
Writ Petition No. 159 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question the legality of a notice dated 15.11.77 (Annexure-F) of the Chairman, Baintala Union Parishad, under P.S. Ramphal, Dis......nst 22 persons including one Hashan Mir (Respondent No. 6) under section 302 and other section of the Penal Code on the allegations of murder of one Jamshed Shaikh.
2. The petitioner before us is brother of the deceased, Jamshed Sk. He had lodged a First Information Report at Ramphal ..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....ondent 7-8. C. A. 73 of 1979 from W. P. 494 of 1979 Judgment Ruhul Islam J. - This appeal by special leave is directed against the judgment and order of the High Court Division dated February 22, 1979 in Writ Petition No. 494 of 1978. 2. The appellant filed the Writ petit......upported by their own papers and previous actions. In support of this contention the learned Counsel produced before us a copy of the Dacca Gazette, Part II dated January 25, 1968 publishing the notice for leasing out in auction a number of the fisheries with necessary particulars. In this gaze......s appeal by special leave is directed against the judgment and order of the High Court Division dated February 22, 1979 in Writ Petition No. 494 of 1978. 2. The appellant filed the Writ petition for declaration that the order dated April, 1978 passed by respondent No. 2 the Joint Secretary; Min..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Mujibur Rahman Sarkar Vs. Chairman Labour Court, Khulna and another, 1979, 8 CLC (HCD)
....portunity of establishing his case before the Labour Court. Since we propose to send it back on remand we do not think it advisable to go into merits of the case. 7. In the result, the impugned order dated 30.10.72 passed by the Labour Court, Khulna in Industrial Relations Ordinance Case No. 22 of 1......bservations above. The parties shall be entitled to adduce evidence if they are so advised. The Labour Court is directed to dispose of the matter within three months of the receipt of this order with notice to the parties. The rule is accordingly made absolute. Since the rule is not opposed, we...... he is employed in a supervisory capacity. To be able to say that he is not a worker it has to be established further that he exercises functions mainly of a managerial or administrative nature. Therefore, what is important in determining whether a person is a Worker or not is to see the main nature..Category: Labour and Industrial Law | Date: 29 Jun, 1979 | Hits: 2
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....e—For the Respondent. Writ Petition No. 438 of 1978. Judgment Shahabuddin Ahmed J. - This rule under Article 102 of the Constitution is directed against an order dated 13.4.78 of the respondent, the Bangladesh Trading Corporation, briefly, the Corporation, remov......dul Hye, the learned Advocate appearing for the respondent Corporation has, on the other hand, referred to the record of the case and pointed out that the petitioner was given as many as 3 show-cause notices containing the allegations brought against him and he, in a very lengthy statement in reply,......cted in this godown and it was found, on verification that 111 rolls of synthetic fabrics had been missing from the godown. The petitioner suspects the chowkidars on duty and himself lodged a First Information Report to the Police against them. The police after investigating the case submitted final..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
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Chowdhury A. T. M. Masud J.-This Rule was issued calling upon the respondents to show cause as to why the order of compulsory retirement of the petitioner as contained in Annexure "F" dated 11-12-76 and "G" dated 28-12-76 passed by the respondents should not be declared to ......was served with a copy of show-cause by a letter of respondent No. 1 dated 19-10 76 with a portion of Inquiry report and the petitioner was directed to show-cause within 14 days of the receipt of the notice why proposed punishment of compulsory retirement from service under Rule 3(b) (iii) of the Ru......the admission of the two cadets who happened to be the two sons of officials of House Building Finance Corporation, Rajshahi and it was alleged in the charge-sheet that they were irregularly admitted for getting undue favour and wrongful gain from the fathers of those cadets in the matter of purchas..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....irman. Water Development Board (Respondent No.2) on 28.7.76, against which the petitioner served a notice of demand for justice on 17.9.76. Thereafter the petitioner was suddenly served with an order dated 17.2.77 by respondent No.1 purporting to retire him from services with effect from 1.3.77 unde......by the petitioner that his case for promotion to a post of Executive Engineer was rejected by the Chairman. Water Development Board (Respondent No.2) on 28.7.76, against which the petitioner served a notice of demand for justice on 17.9.76. Thereafter the petitioner was suddenly served with an order......ication under Article 102 of the Constitution of Bangladesh is directed against an order passed by the Government of Bangladesh retiring the petitioner compulsorily and rejecting his prayer for crossing the efficiency bar.
2. Facts leading to this rule, in brief, are that the petition..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....n-Record - For the Respondent No.4. K. A. Bakr, Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.9 of 1978. (From the Judgment and order dated 25-8-78 passed by the Appellate Division in Civil Appeal No.9 of 1978). Judgment Rah......s dismissed as there was no ground for review of the judgment as contemplated in the Supreme Court Rules has been made out and after dismissing the application for review, this Court issued notice calling upon the appellant Abdus Sobhan to show cause why he should not be committed for cont....... Judgment Rahul Islam J.- This contempt proceedings started on a suo motu Rule issued by this Court against Abdus Sobhan, appellant in Civil Appeal No.9 of 1978. 2. The facts relevant for disposal of the matter are as follows: The appellant Abdus Sobhan filed Civil Appeal No.9 ..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
Hegge & Company Ltd Vs. Assistant Collector of Customs & others, 1979, 8 CLC (HCD)
.... Collector and may confer on any officer such powers as it deems appropriate.” 13. He has accordingly, placed before us a notification issued by the Central Board of Revenue No. S.R.O. 107 dated 10th March, 1959 published in the Gazette of Pakistan Extraordinary of the same date wherein t......nt in all the petitions. 3. Facts leading to these rules, in brief, are that the petitioners while acting as shipping agents for the ships carrying imported petroleum products were served with a notice by respondent No. 1 calling upon them to show cause as to why penal action should not be take......os. 248 to 281 of 1970 Judgment Abdur Rahman Chowdhury J. - These Rules are directed against an order of penalty imposed by the Assistant Collector of Customs, Chittagong on the petitioners for the short landing of imported petroleum products and they are taken up for analogous hearing sin..Category: Admiralty Law or Maritime Law, Fiscal/Taxation Law | Date: 16 Mar, 1979 | Hits: 3
M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
.... of the Customs Act and so were also confiscated the sale proceeds of the fish found in the Cold Storage of these trawlers under section 157 of said Act by the impugned orders, order No. 19 dated 16-2-17 and orders Nos. 78 and 79 dated 23-8-77. The order dated 16-2-77 was challenged in a R......y committed offences punishable under sections 16 and 156 of the said Act Mr. Asrarul Hossain has referred to the very allegation against the trawlers as set out in the show cause notice served upon the petitioners by the Collector of Customs, and has contended that the trawlers ......ithout authority, caught fish and made attempt to smuggle the fish out of Bangladesh territorial waters, they were handed over by the Bangladesh Navy gun-boat to the Customs Authorities at Chittagong for necessary action. The Master and Crew of these trawlers were released but the trawlers were conf..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
....The four accused persons filed a petition before the learned Special Tribunal No. 3 who on 27-7-77 passed the following order in the said Special Tribunal Case No. 68 of 1977
“The petition dated 12.7.77 filed by accused Habibur Rahman and three others is put up for hearing. On the said pe......unal under section 190(c) of the Code of Criminal Procedure and not under Section 27 of the Special Powers Act upon a police report. Further in that case it was not brought to the notice of the Court that section 30(1) of (he Special Powers Act provides that ''s......ain—For the State.
Criminal Revision No. 748 of 1977
Judgment
Mohammad Habibur Rahman J.-This rule was issued calling upon the Deputy Commissioner, Bakerganj and opposite party informant Khorshed Ali Bepari to show because why the impugned orders passed on 24-3-77 and 27-7-77 in..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
....petitioner.
3. In pursuance of the Government decision to release the Mills in favour of the Bangalee shareholders volume of correspondences was made by the parties. The perusal of those letters dated 18.6.77 (Annexure-C), 21.6.77, (Annexure-D), and the letter dated 11.177, 19.4.77, 4.6.77, 18.......o such stand was take in their affidavit-in-opposition, nor any paper was produced before the Court to show that the Government had revised the earlier order in question. The High Court Division noticed even "the Respondent No. 3 did not take the stand that the Government had revised its e......e Potest De Injuria Sua Propria—No man can take advantage of his own wrong.
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming restoration does not hold good because the well settled principle is no b..
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 ......ities of some persons impersonating themselves as clerks of Mukhtears and Lawyers, harassing the litigant public and extorting money from them under various pretexts, whereupon the Secretary issued a notice upon the members, of the Association to submit the names of such undesirable persons. In resp......cretary issued a notice upon the members, of the Association to submit the names of such undesirable persons. In response to the said notice the members submitted a list of persons which was placed before a general meeting of the Association where an Enquiry Committee was formed to enquire into and ..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
.... Bhuiya—For the Respondents. Writ Petition No. 50 of 1978. Judgment Shahabuddin Ahmed J.-This Rule under Article 102 of the Constitution calls in question an order dated 19.11.77 of the Labour Court at Khulna in I.R.O. Case No. 79 of 1977 reinstating a dismissed w......tion under section 34 the Court got no initial jurisdiction even to entertain the application and whether objection was railed or not it was incumbent upon the Labour Court to take judicial notice of the statute. In support of this he has relied upon a decision of the Privy Council reporte......instating a dismissed worker on an application under section 34 of the Industrial Relations Ordinance, 1969 (briefly, the Ordinance). 2. Heard Mr. Asrarul Hossain, the learned Advocate for the petitioner, the employer, and Mr. MozammelHuqBhuiya, the learned Advocate for respondent No...Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
....t Pakistan, now Government of Bangladesh, terminating the petitioner's service. The Petitioner was appointed as a Teacher Trainee Instructor (Technical) purely on temporary basis by an order dated 21.11.63. By a subsequent order dated 27.2.65 he was appointed, on the recommendation of the t......oyment he appeared in B.E.D. Technology Examination of 1968 held on 11.11.69 by the University of Dacca, but in the Examination Hall he was found adopting unfair means whereupon he was expelled and a notice was served upon him by the Controller of Examinations, Dacca University to show cause why dis......ugned order terminating his service. The petitioner challenged this order in a Writ Petition which is now going to be disposed of by this Judgment. 2. Mr. Shahadat Hossain, the learned, Advocate for the petitioner, has contended that though the petitioner was appointed on temporary basis, at th..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
.... with continuity of their service. But two of them have been terminated by 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......, 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 junior officer and remaining two have made a grievance that two......n Writ Petition No. 479 of 1978, the petitioner CM Yusuf was first appointed in the PIAC on 17th April, 1961 in PIA Grade No. IV. It is his case that by dint of meritorious service he was sent abroad for training twice and that he was promoted to Grade VII as Senior administrative Officer at Karachi..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
....sh;For the Respondents.
Writ Petition No. 621 of 1978
Judgment
Shahabuddin Ahmed J.- This rule under Article 102 of the Constitution calls in question an order of requisition dated 1.10.77 passed by the Addl. Deputy Commissioner, Dacca in Requisition Case No. 2304 of 1977 un......pondents are directed to pay costs of this application which we assessed at taka 1000/- only.
A. T. M. Afzal J.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 418
......sition Case No. 2304 of 1977 under the Emergency Requisition of Property Act, 1948.
Perused the application and heard the learned Advocates of 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 i..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
Dhirendra Nath Sarnaker Vs. Bangladesh and orders, 1979, 8 CLC (HCD)
.... Syed J.R. Mudassir Hussain, A.AG. — For the Respondents. Writ Petition No. 570 of 1977 Judgment Shahabuddin Ahmed J.- By this rule under Article of the Constitution an orders dated 8.3.79 of the Superintendent of Police, Kushtia (Respondent No.2) dismissing the petitioner, a...... 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 servant in the service of the Republic ch...... any police personnel on duty shows cowardice and surrenders arms to miscreants without offering resistance he shall be summarily dismissed. We have heard Mr. A.B.M Khairul Hoque the learned Advocate for the petitioner and Mr. Syed J.A R. Mudassir Hussain the learned Assistant Attorney General for t..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)
....ttorney-General-For the Respondents. Writ Petition No. 31 of 1978. Judgment Abdul Matin Khan Chowdhury J.- This rule was issued 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......g that no further penalty should be imposed on the petitioner in addition to the penalty already imposed by the Criminal Court on him. While the petitioner resumed his duties at Jessore he received a notice dated 29-8-77 issued by the respondent No. 2 requiring him to show cause why he should not......p;304A of the Penal Code was started against the petitioner and the driver of the Jeep. But the said case ended in acquittal. The wife of the deceased Mr. Lutfur Rahman approached the petitioner for financial help whereupon the petitioner recommended for financial help to the Family Planning au..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... Rafiqul Haque-For Respondent No. 2 Appeal No. 8 of 1975. Judgment Shahabuddin Ahmed J. - This is an appeal from a judgment and order of a learned Single Judge of this Court dated 18-2-75 dismissing a petition for winding up of a Company under section 162 of the C......rtaking but to transfer some shares to unspecified persons, but no business was transacted in these meetings because of a state of deadlock prevailing in the Company's affairs. Respdt. No. I by a notice dated 11-10-73 called an extra-ordinary General Meeting for 26-10-73 to appoint one more Dire......dent No. 2 Appeal No. 8 of 1975. Judgment Shahabuddin Ahmed J. - This is an appeal from a judgment and order of a learned Single Judge of this Court dated 18-2-75 dismissing a petition for winding up of a Company under section 162 of the Companies Act, 1913. Petitioner is th..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)
....g, Research Evaluation Communication Centre of the Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk, 3000/ per month; but the Additional Deputy Commissioner, Dacca by his order dated 6-3-71 requisitioned the house in Requisition Case No. 2040 of 1971 and took possession thereo......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. ...... 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 Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk, 3000/ per month; but the Additional Deputy Co..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
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