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Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

....mongst the 4 respondents only the Chairman. Chittagong Pourashava contested the rule by filing affidavit. Neither the Commissioner, Chittagong Division as controlling authority, not the Government of Bangladesh contested the Rule. 5. In the affidavit in opposition respdt. No. 1 took a prelimina......Badrul Haider Chowdhury J Abdul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents ......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ......6 A.I.R. 1961 (SC) 41; A.I.R 1962 (SC) 1320. Lawyers Involved: T. H. Khan with A. Taher Choudhury—For the petitioner. M.M. Haque—For Respondent No. 2 and 3. Kamahiddin Ahmed—For Respondent 1. Writ Petition No. 551 of 1976. Judgment Badrul Haider ..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)

....tation without applying mind to the necessary facts and relevant law. According to the learned Advocate, the two appeals were not barred by limitation inasmuch as the appellant was entitled under the Bangladesh (Legal Proceedings) Order, 1972, President's Order No.12 of 1972 to get the benefit o......il Revision Jurisdiction) Present: Ranadhir Sen J Aram Ali Mondal…………………………………Petitioner Vs. Lutfar Rahman Dewan ……………………&hellip...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193   ......llip;…………Opposite Party Judgment August 15, 1977. Result: The two Rules are made absolute. Cases Referred to- Osman Gani Mondal Vs. Mainuddin Ahmed and others 27 OLR 61 (Appellate Division) is evidently distinguishable. The case of Barada Pra..

Category: Property Law | Date: 15 Aug, 1977 | Hits: 3

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

.... Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners Vs. Govt. of Bangladesh and 2 others………………………&hell......Khan Chowdhury J Mrs. Anwara Begum wife of Mr. Hannan (In Writ Petition No.267/77), Md. Abdu Gafur (In W.P. No.352/77), Anwar Mollah (In Writ Petition No.213/77).................Petitioners Vs. Govt. of Bangladesh and 2 others…………………&he......beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ......nted bail he could not come out because an order of detention was passed. This detention order was challenged as mala fide. Considering the facts and circumstances of the case our brother Shahabuddin Ahmed, J concluded that the detention was justified. In that case, however, no argument was advanced..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......tacharya J Fazli Munim J Akrab Ali and others…………………………………………Appellants Vs. Zahiruddin Kari and others..........................Respondents Judgment August ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......ugust 3, 1977. Result: This appeal is allowed. Cases Referred to- Dakas Khan Vs. Ghulam Khan Qasim I.L.R. 45 Cal 793 28 C L.J. 441 Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, Mozammel Huq Khan, Advocate, instructed by A. Rab-II, Advocate-on-Record-For the Ap..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)

....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213   ......e Court High Court Division (Civil Appellate Jurisdiction) Present: Shahabuddin Ahmed J M.H. Rahman J Mohd. Mazibar Rahman Mia............Pe­titioner-Appellant Vs. Naresh Chandra Guha…………………….Princip......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213   ......med J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213   ..

Category: Property Law | Date: 29 Jul, 1977 | Hits: 2

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....p;……………………………..Petitioner Vs. Secretary, Establishment Di­vision, Government of the People's Republic of Bangladesh and others........................................Respondents Judgment July 27...... Chowdhury J Abdul Matin Khan Chow­dhury J Abdus Saleque……………………………………..Petitioner Vs. Secretary, Establishment Di­vision, Government of the People's Republic of Banglade......de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ......de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

....his Case is also Reported in: 30 DLR (HCD) (1978) 119.   ......on (Civil Appellate Jurisdiction) Present: S. Ahmed J M.H. Rahman J Bangladesh.…………………………Appellant Vs. Abdur Rashid & others........Respondents Judgment July 18, 1977. Result:...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ...... — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Abdur Rahman Vs. The State, 1977, 6 CLC (AD)

....use of the deceased, the appellant Abdur Rahman and one Amirullah were recog­nised. Thereupon Kotwali P. S. Case No.8 dated 12-10-1971 being G. R. Case No.519 of 1971 under section 302/307 of the Bangladesh Penal Code was started. One Rahmat Ali was arrested in connection with that case and pro......S.A.B. Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdur Rahman…………............Appellant Vs. The State................... Respondent Judgment July 13, 1977. Resu......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257.   ...... 93; Peer Badsha Vs. State, 15 DLR (SC) 55; Abul Vs. Haji Abdul Gani, 14 DLR Dac. 511; PLD 1963 Dac, 618; Attah Md. Vs. Inspector General of Police, West Pakistan, PLD 1965 (W.P.) Lah. 734; Jaffar Ahmed Vs. State, 26 DLR 211. Lawyers Involved: Md. Moksudur Rahman, Advocate instruc..

Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

.... Present: S.M. Mohsen Ali J Siddique Ahmed Chowdhury J Sreemati Tripti LalaKar...............................Plaintiff Appellant Vs. Govt. of the People's Republic of Bangladesh & others...........Respondents Judgment July 8, 1977. Result: The......t Division (Civil Appellate Jurisdiction) Present: S.M. Mohsen Ali J Siddique Ahmed Chowdhury J Sreemati Tripti LalaKar...............................Plaintiff Appellant Vs. Govt. of the People's Republic of Bangladesh & others...........Respondents Ju...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ...... This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

....A. Khalilullah, formerly Sub-Overseer cum-Sectional Officer, Jhenidah Building Sub-Division, under Building Division, Jessore (1), while in service under the Building Directorate of the Government of Bangladesh, was given the charge of supervising the work of construction of some Border outposts, an...... High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J M. A. Khalilullah and Abdul Hakim..............................Petitioner Vs. Government of Bangla­desh and others.......................Respondents Judgment ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

..... 201 of 1977 the petitioner was declared elected as Chairman of No 10 Umednagar Union Parishad under Police Station Baniachong, District Sylhet on 25th January, 1977 and if was duly published in the Bangladesh Gazette (Extraordinary) dated 19th February, 1977 After the publication of the- result re...... Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Sharifullah…………………Peti­tioner (In Petition No.201 of 1977) Vs. Election Tribunal Munsif, Second Court Habiganj and another Khan Ataur Rahman (In Petition......de absolute and the impugned orders granting injunction are quashed. We make no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)119 ......ndents Judgment June 28, 1977. Result: The Rules are made absolute. Cases Referred to- Shamsul Huq Sikder Vs. Election Tribu­nal and others, 27 DLR 388; Masahiduddin Ahmed Vs. Munsif, Sunamgonj, Sylhet and others 28 DLR 189 ; A Gafur Vs. Election Tribunal and Munsif..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)

....High Court Division (Civil Revisional Jurisdiction) Present: K M Subhan J ATM Afzal J Tasir Ahmed and others………………Petitioners Vs. People’s Republic of Bangladesh represented by the Deputy Commissioner, Barisal…………………Respondents Judg......998) 109. ...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ...... This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..

Category: Property Law | Date: 28 Jun, 1977 | Hits: 60

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

.... Vs. Secretary, Sonali Jute Mills Workers Union, & others..........Respondents Judgment June 24, 1977. Result: The rule is made absolute. Cases Referred To- Bangladesh Fishermen's Co operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong; Mr. ...... Present: B.H Chowdhury J M.H. Rahman J Manager, Sonali Jute Mills Ltd………………………………Petitioner Vs. Secretary, Sonali Jute Mills Workers Union, & others..........Respondents Judgment......ithout lawful authority and is of no legal effect. We make no order as to costs. Muhammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 141. ...... June 24, 1977. Result: The rule is made absolute. Cases Referred To- Bangladesh Fishermen's Co operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong; Mr. Bashir Ahmed (1975) 27 D.L.R. 367; Khulna Tobacco Vs. Chairman, Labor Court (1977) 29 D.L.R. 148 Lawye..

Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3

Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)

....h Court Division (Civil Revisional Jurisdiction) Present: K. M. Subhan J A. T. M. Afzal J Jogesh Chandra Datta..............................Petitioner Vs. Govt. of Bangladesh............................Opposite party Judgment June 21, 1977. Result: ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: K. M. Subhan J A. T. M. Afzal J Jogesh Chandra Datta..............................Petitioner Vs. Govt. of Bangladesh............................Opposite party Judgment June 21, 1......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219.       ..

Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1

Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra Vs. The State and others, 1977, 6 CLC (HCD)

....m, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande (A.I.R. 1946 P. C. 123);Nakhuda Ali Vs. Jayanton (1951 A.C. 66);Overseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. Government of Bangladesh, (1977) 29 DLR 59; Makhan Singh Vs. Punjab (AIR, 1964 SC. 381; Ramsingh Vs. Delhi, A.I.R.......sion (Criminal Special Jurisdiction) Present: BadrulHaider Chowdhury J M.H.Rahman J Sri Kripa Shindu Hazra on behalf of detenu Kalipada Hazra.............. Petitioners Vs. The State and others.................................................OppositeParty Jud......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ......ndered by both the learned Assistant Advocate General and Mr. Serajul Huq. Muhammad Habibur Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 103.   ..

Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ...... APM Ahsanuddin Chowdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan and others…………………….Res......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......urt Appellate Division (Civil) Present: Mahmud Husain CJ APM Ahsanuddin Chowdhury J Kemaluddin Hossaian J DC Bhattacharya J Fazle Munim J Shamsuddin Ahmed…………………..Appellant Vs. Mohd. Hassan ..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....ve bargaining agent within meaning of Section 22 of the Industrial Relations Ordinance, 1969. 2. Facts of the case so far necessary for disposal of this rule are that the Government of Bangladesh (Respondent No.3) in the Ministry of Industries issued the Notification dated 19.12.73 as......cial Original Jurisdiction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Khulna Shipyard Employees Union (Registered No.441) Matiakhali, Khulna.......Petitioner Vs. General Manager, Khulna Shipyard and two others...................Respondents Judgment......sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1

Habibullah Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra¬tion & Land Reforms, Bangladesh & others, 1977, 6 CLC (HCD)

....n (Special Original Jurisdiction) Present: Shahabuddin Ahmed J A. Matin Khan Chowdhury J Habibullah........................................Petitioner Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion & Land Reforms, B......High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J A. Matin Khan Chowdhury J Habibullah........................................Petitioner Vs. Govt. of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion &am......ed without any order as to costs and the order of stay is vacated. Abdul Matin Khan Chowdhury  J.-I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ......I agree, Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 47.   ..

Category: Property Law | Date: 10 Jun, 1977 | Hits: 2

Md. Kalu Bhuiyan@ Kalu Miah Vs. Special Tribunal No.II, Comilla and another, 1977, 6 CLC (HCD)

....hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ......rt High Court Division (Special Original Jurisdiction) Present: Ruhul Islam CJ M. H. Rahman J Md. Kalu Bhuiyan@ Kalu Miah................................Petitioner Vs. Special Tribunal No.II, Comilla and another.............Respondents Judgment June......hat has been stated above, the rule is discharged without any order as to costs. M.H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 124.   ......isled by the head note of the report which is to the effect that in such a case the Court can take cognizance under section 190(1)(c) of the Code of Criminal Procedure, although Shahabuddin Ahmed, J. clarified the position in para 5 of the judgment that the impugned cognizance was taken on..

Category: Criminal Law | Date: 9 Jun, 1977 | Hits: 2

M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and ano­ther, 1977, 6 CLC (AD)

....costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ...... Debesh Chandra Bhattacharya J Fazle Munim J M/s. Abdur Rahman Abdul Ghani……………………………….Appellant Vs. M/s. East and West Steamship Co. and ano­ther…......Respondents Judgment ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......oint raised being as to what would be the legal effect of the incorporation of such a clause in the bill of lading upon which a difference of opinion occurred between the two High Courts. 8. Mr. Ahmed Sobhan, Counsel for the appellant, contended that the decision of the High Court of East Pakis..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357